University of Miami School of Law Course Description - Online System
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Spring 2016
LAW332  A  CRIMINAL PROCEDURE ADJUDICATION

Course Description
This course is the adjudication or "bail to jail" component of criminal procedure. It is particularly geared towards students interested in practicing in the area of criminal law. Unlike Criminal Procedure, which looks at police investigation and the Fourth and Fifth Amendments, this course covers what happens after the arrest is made. We will be reading primarily U.S. Supreme Court decisions that focus on the Fifth, Sixth, and Eighth Amendments.

Topics include: charging, right to counsel, grand juries and preliminary hearings, discovery, plea bargaining, the right to jury trial, double jeopardy, sentencing, and appellate review. We will supplement the textbook with jury instructions and articles (both academic and non). A guest speaker will be invited, and since it is possible that he/she will only be able to attend during lunch, students will be required to attend that lunch. A documentary film will be shown outside of class, and attendance is required.
Since this course is designed to prepare students for careers as prosecutors or defense attorneys, it will have a substantial practical component. Students will be required to attend a court hearing at the Miami-Dade County Courthouse or the C. Clyde Atkins United States Courthouse and write a short reflection piece about what they observed.
Students will also be required to write and argue two motions, one from the prosecutor's perspective and the second from the defense's (or vice versa). For example, students will be given a set of facts and asked to argue whether there has been a discovery violation. Both the oral presentation and the written motion will be graded. Students will also be asked to do an oral argument on reasonable doubt.

Required presence outside of class
1. Students will be required to attend the documentary film.
2. Students may be required to attend a lunch with an outside speaker.
3. Students will be required to attend a court hearing in the Miami-Dade County Courthouse or the C. Clyde Atkins United States Courthouse.
4. Due to the number of students in the class, it will be impossible to do all of the oral motions during class time. Additional class time will be reserved on four Fridays (dates to be determined). Students will be required to sign up in advance for a fifteen minute block in which they will argue their motion. They do not need to stay longer than it takes to argue their motion.


Course Schedule
Dates Day Time Room
01-11-2016 - 04-20-2016   MW  9:30 AM-10:50 AM F209

Course Frequency
This course is usually offered once every academic year

Course Information

Credits: 3
Pass/Fail Option: No
Prerequisite: Criminal Procedure
Method of Evaluation: Grade will be based on student's oral and written presentations.
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Special Restrictions: Once enrollment reaches 10 students, additional students interested in joining the course should contact Professor Lave (@tlave@law.miami.edu).
Law Track(s):
Criminal Law - Basic
Litigation - Specialized
Bar Subject(s): None
Concentration(s):
Litigation & Dispute Resolution (Concentration)   More information

View Book Information  
Professor(s)

LAVE, TAMARA


Biography
Contact Information:
Email: tlave@law.miami.edu
Phone: (305)284-1899
Office: G268