Criminal Procedure: Investigation

Develop a strong foundation in criminal procedure – investigation.

Criminal Procedure is an examination of how the mandates of criminal law are executed by the police, prosecuted by District or U.S. Attorneys and kept in check by defense attorneys. While justice is technically “blind” this area of law will undoubtedly raise questions and bring about issues regarding race, class and notions of fairness that are significant and worthy of discussion. The goal of this semester is to give both areas attention creating the most robust understanding of criminal procedure. The class will focus on the jurisprudence surrounding the 4th and 5th Amendments of the US Constitution. We will explore the boundaries of various investigatory techniques utilized by law enforcement in their quest to respond to violations of criminal law. To do this we will consider the history and meaning of “probable cause”, as well as the evolution of the law surrounding “seizures”, “searches”, “confessions” and “identifications”. We will also discuss the “exclusionary rule” as a means of enforcing the prohibition of police conduct unreasonably infringing upon a person’s civil liberties. Of equal importance we will consider how the law actually plays out and who and which communities are most impacted by this area of law.