University of Miami School of Law CourseLink Course Description - Online System
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Spring 2022

Course Description
This course is restricted to 20 students. Those interested must apply for admission on or before Friday, November 5, 2021. This course is the adjudication or "bail to jail" component of criminal procedure. It is particularly geared towards students interested in practicing 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. 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 three motions, one from the prosecutor's perspective, the second from the defense's perspective, and the third is your choice. 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.

Course Schedule
Dates Day Time Room
01-18-2022 - 04-25-2022   MW  2:00 PM-3:15 PM TBD

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:
Writing Requirement
Special Attributes: None
Course Delivery:
Special Restrictions: Students who wish to enroll must send an email to Professor Lave on or before Friday, November 5th explaining why they want to take this class. Students with a demonstrated commitment to criminal law (prosecution or defense) will be given preferred admission. Professor Lave will notify students on or before Monday, November 8th if they have been admitted into the class.
Law Track(s):
Criminal Law - Basic
Litigation - Specialized
Bar Subject(s):
Litigation & Dispute Resolution (Concentration)   More information
Social Justice & Public Interest (Area of Focus)   More information
Social Justice & Public Interest (Concentration)   More information
Course Book(s): TBD/None      
First Class Assignment(s): TBD/None



Contact Information:
Phone: (305)284-1899
Office: G268