Fall 2012
5347 Criminal Procedure: The Investigation Process - HAMILTON- 18001
prof change 3-20-12

Professor(s): Melissa Hamilton (VISITING)

Credits: 3

Course Areas: Constitutional and Criminal Law 

Time: 1:00p-2:30p  MWLocation: 144  TU2

Course Outline: This constitutional law course involves the police investigation of criminal activities. Topics include the rules governing search and seizure under the Fourth Amendment, confessions under the Fifth and Sixth Amendments, the role of the due process clause of the Fifth and Fourteenth Amendments with respect to the foregoing, and the remedy of exclusion for constitutional violations.

Course Syllabus:

Course Notes: This course was formerly known as Law 5304-Criminal Procedure. New Visiting Professor will teach this course, MELISSA HAMILTON.  

Prerequisites:  

First Day Assignments: Criminal Procedure: The Investigation Process

Sign up for this course on TWEN. The Casebook Supplement and the Syllabus will be posted on the TWEN course site.

For Monday, August 27, survey constitutional Amendments IV, V, VI, and XIV on casebook pages 2-4. Read casebook pages 34-39 and 62-73, plus read page 1 of the Supplement. Understand generally how incorporation works and its constitutional basis. With the cases of Weeks and Wolf, pay attention to the Court’s reasoning for creating the exclusionary rule and notice the distinctions they make on both the exclusionary rule and the application of the Fourth Amendment as between the federal and state governments.

For Wednesday, August 29, read casebook pages 73-92. Notice how the Justices develop both the exclusionary rule and the search aspect of the Fourth Amendment. Consider in the case of Katz how the Court’s definition of what constitutes a "search" for Fourth Amendment purposes changed therein and how it impacted the resolution of later cases contained in this reading.

Final Exam Schedule: 12/14 1-4pm  240 TU2  211 TU2  

This course will have:
Exam:
Paper:

Satisfies Skills Course Requirement: No
Satisfies Senior Writing Requirement: No