Examines basic constitutional constraints imposed on law enforcement in the investigation of crime. Primary topics include search and seizure, interrogation and confessions, right to counsel, fair trial, and self incrimination. Professor Breger's class will include: This course examines - via extensive analysis of landmark federal constitutional cases - the federal regulation of law enforcement investigatory practices including searching and seizing under the Fourth Amendment, compelling confessions under the Fifth Amendment, and deliberately eliciting incriminating statements under the Sixth Amendment. Course themes include controlling police discretion, criminal procedure as Evidence law, class, ethnicity, race, the roles of the lawyers, and the use of social science research. Professor Farley's class will include: This course examines - via close readings of landmark federal constitutional cases - the regulation of law enforcement investigatory practices including searching and seizing under the Fourth Amendment, compelling confessions under the Fifth Amendment, and deliberately eliciting incriminating statements under the Sixth Amendment. Course themes will include discretion and ambiguity in the various roles that judges, defense lawyers, prosecutors, police, legal scholars, social science researchers and others play in the production of criminal procedure. Class power and racism will also be topics of discussion. Professor Stromes' class will include: This course examines constitutional criminal procedure through historical and modern lenses, and the practical manner in which the subject matter is litigated in court. In addition to close analysis of foundational decisions of the United States Supreme Court, this course utilizes mock argument exercises to enable students to meaningfully engage with the material as prosecutors and defense attorneys. Additionally, drawing upon his twelves years' experience in the Manhattan District Attorney's Office, Professor Stromes emphasizes New York-specific law where it diverges from federal law, including on fundamental issues of police-citizen street encounters, standards for analyzing probable cause, application of the exclusionary rule, and attachment of the right to counsel.
