SYLLABUS CRIMINAL PROCEDURE - ADVERSARY SYSTEMS (LAW 6112) 3 credits Fall Semester 2017 Professor Kenneth Nunn Professor s contact information Office Location: Rm. 314 HOL Phone: 273-0660 Email: nunn@law.ufl.edu Office Hours: Tue. 2:30-3:30 pm and by appointment Required and recommended textbooks and other course materials Required: 1. Dressler and Thomas, Criminal Procedure: Prosecuting Crime (6 th ed. 2017) Course description 2. Federal Rules of Criminal Procedure Available at: http://www.uscourts.gov/sites/default/files/rules-of-criminalprocedure.pdf This course examines the various steps in the progression of a criminal case from its inception to sentencing. Subjects covered include the right to counsel, commencement of formal criminal proceeding, bail, the decision to prosecute, discovery, plea bargaining, the grand jury, the preliminary hearing, venue, joinder and severance, speedy trial, and the right to a jury trial. Course objectives & student learning outcomes This course is intended to acquaint you with the basic attributes of the adversarial criminal justice system. The course is designed to develop a basic familiarity with the procedures used in the criminal justice system, the issues raised by those procedures, and practical guidance on how to utilize those procedures to your best professional advantage. After completing this course, students should be able to: 1. Describe the constitutional and statutory foundations of the federal criminal court systems. 2. Demonstrate an understanding of how the criminal court system in the various states may differ from the federal system. 3. Demonstrate a general understanding of the procedural rules and statutes that govern the process of litigation in criminal cases in federal and state courts. 4. Describe the various steps in the criminal trial process in federal and state courts.
Evaluation 5. Demonstrate an understanding of policy issues relevant to individual rights and liberties raised by the criminal justice system. 6. Demonstrate an understanding of policy issues relevant to public order and safety raised by the criminal justice system. 7. Explain the ethical obligations of defense counsel and prosecutors throughout the pendency of a criminal case. 8. Apply strategic and practical considerations throughout the process of defending or prosecuting a criminal case. Your grade for the course will be based predominately on the grade you receive on your final examination. Each student will be expected to comment on at least one case or problem during the course of the semester. Class participation and preparation (including attendance) are factors which may count for up to 0.75 grade points on your final grade. Final examination The final examination may contain multiple-choice, short answer or traditional law school essay questions. All material and concepts covered in the course may be tested on the exam, including matters discussed in class for which there are no specific readings and assigned readings not specifically discussed in class. Exams will be graded anonymously by exam number. Policy related to make-up exams or other work The law school policy on delay in taking exams can be found at: http://www.law.ufl.edu/studentaffairs/current-students/forms-applications/exam-delays-accommodations-form. Statement related to accommodations for students with disabilities Students requesting classroom accommodation must first register with the Office of Disability Resources. The UF Office of Disability Resources will provide documentation to the student who must then provide this documentation to the Law School Office of Student Affairs when requesting accommodation. Information on UF Law grading policies Grade Points Grade Point Grade Point A (Excellent) 4.0 C+ 2.33 D- 0.67 A- 3.67 C (Satisfactory) 2.00 E (Failure) 0.0 B+ 3.33 C- 1.67 B (Good) 3.00 D+ 1.33 B- 2.67 D (Poor) 1.00
The law school grading policy is available at: https://www.law.ufl.edu/life-at-uf-law/office-of-studentaffairs/current-students/academic-policies. Academic honesty /misconduct Academic honesty and integrity are fundamental values of the University community. Students should be sure that they understand the UF Student Honor Code at http://www.dso.ufl.edu/students.php. Class attendance policy Please note that the American Bar Association requires "regular and punctual class attendance... to satisfy residence and class hours requirements." A sign in sheet will be used to record attendance for each class. Falsifying the sign in sheet will considered a violation of the Honor Code. Students are allowed two unexcused absences. If you are absent more than two times, your absence will need to be excused. Students with more than four absences in total will be referred to student affairs and may be dropped from the class. Class will start promptly at the announced time. Students who are repeatedly tardy may not be permitted to enter once class has begun. Make up classes Make up classes may be scheduled for this class. Make up classes will not count toward your excused or unexcused absence total, however students will receive extra credit for their attendance. Make up classes will be announced in class and posted via email and the TWEN page. Computer and cell phone use The use of laptops, tablets or other electronic devices used for notetaking, communication and/or access to the internet ( computers ) will be provisionally permitted in this class. Computers are not to be used for email, chat or web surfing unrelated to class. Abuse of this policy will result in computer use being suspended. Computer use will also be suspended if it appears to that students are not paying attention to the lecture or that the use of computers is a distraction. If the use of computers is suspended then continued use of such devices will result in the student being asked to leave class and counted absent. Computers will be allowed during drop/add and when course evaluations are completed. Computer use will also be allowed when we cover pre-trial publicity and other selected topics, as announced in class. Use of iphones, smartphones and other electronic devices used primarily for communication ( cell phones ) is not permitted. Texting is not permitted. Use of such devices will result in the student being asked to leave class and counted absent. Cell phones and other sound emitting devices should be silenced. Students whose cell phones ring in class will also be asked to leave class and counted absent. Taping You may not tape or otherwise record classes without my prior approval.
TWEN You will need to sign up for the TWEN site for this course. Go to lawschool.westlaw.com. Click on link for TWEN. Click on drop/add course. You will need a password to sign up for this course. The password is case sensitive. The password is: NunnAdSysFall17 (not including quote marks). Subjects to be covered and assigned readings (tentative) Readings are from the assigned text for the course, Dressler and Thomas, Criminal Procedure: Prosecuting Crime (6th ed. 2017). Reading assignments will be subject to changes announced periodically in class or posted on TWEN. It is anticipated that you will spend approximately 2 hours out of class reading and/or preparing for in class assignments for every 1 hour in class. Aug 15 1. Introduction to the Course (No readings) Aug 17 2. The Scottsboro Tragedy (In-class video) Aug 22 3. The Doctrine of Incorporation and the Right to Counsel Readings: pp. 21-36 4. The Right to Appointed Counsel Readings: pp. 1042-1050 Aug 24 5. The Right to Appointed Counsel (Cont.) Readings: pp. 1050-1058 Suggested Readings: pp. 1059-1069 6. Provision of Counsel and Right to Self-Representation Readings: pp. 1070-1087
Aug 29 7. Effective Assistance of Counsel Readings: pp. 1087-1121 Aug 31 8. Effective Assistance of Counsel II Readings: pp. 36-37; 1033-1042 Sep 5 9. Initiating the Criminal Process from the Defense Perspective Readings: Handout Sep 7 10. Pretrial Release Readings: pp. 859-870; FRCP 5 11. Preventive Detention Readings: pp. 870-888 Sep 12 12. Prosecutorial Discretion and Selective Prosecution Readings: pp. 889-907 13. Vindictive Prosecution Readings: pp. 907-910 Sep 14 14. The Screening Function Readings: pp. 1464-1469; 910-916 15. Grand Jury Screening Readings: pp. 917-936
Sep 19 16. Grand Jury Investigation Readings: pp. 948-955 17. Pretrial Motions, Joinder and Severance Readings: pp. 955-963; 1003-1009 Sep 21 18. Discovery Defense Readings: pp. 964-983; FRCP16 Sep 26 19. Discovery Prosecution Readings: pp. 984-1001; FRCP 12.1, 12.2, 12.3 Sep 28 20. Speedy Trial Readings: pp. 1009-1023 21. Plea Bargaining--Introduction Readings: pp. 1123-1136 Oct 3 22. Plea Bargaining--Restraints Readings: pp. 1136-1154 23. Attorney Competency in Plea Negotiations Readings: pp. 1154-1164 Oct 5 24. Attorney Competency in Plea Negotiations (Cont.) Readings: pp. 1164-1173 25. Making and Breaking Deals Readings: pp. 1173-1191
Oct 10 26. The Procedural Effect of a Guilty Plea Readings: pp. 1192-1198; FRCP 11 27. The Right to a Jury Trial Readings: pp. 1199-1213 Oct 12 28. Jury Selection Readings: pp.1213-1230 29. Peremptory Challenges The Batson Rule Readings: pp. 1246-1258 (end of note 3) Oct 17 30. Peremptory Challenges Applying Batson Readings: pp. 1258 (beginning with note 4)-1271 Oct 19 31. Pre-Trial Publicity and the Media Readings: a. Clear Channel Communications, Inc. v. Murray, 636 So.2d 818 (1 st DCA Fla. 1994) b. Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) c. ABA Model Rule of Professional Conduct 3.6, available at: http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of _professional_conduct/rule_3_6_trial_publicity.html Oct 24 32. Right to Confrontation Readings: pp. 1288-1303 33. Crawford and Unavailable Witnesses Readings: pp. 1303-1315 (end of note 1)
Oct 26 34. Crawford and Unavailable Witnesses (Cont.) Readings: pp. 1315 (beginning with note 2)-1320 35. Crawford and Testimonial Statements Readings: pp. 1320-1340 Oct 31 36. Co-Defendant s Confessions The Bruton Rule Readings: pp. 1341-1354 37. Right to Compulsory Process Readings: pp. 1355-1368 Nov 2 38. Sentencing and Sentencing Guidelines Readings: pp. 1395-1406 39. Constitutional Limits on Sentencing Readings: pp. 1406-1411 Nov 7 40. Mandatory Sentencing and Constitutional Limits Readings: pp. 1412-1418 41. Sentencing and Apprendi I Readings: pp. 1418-1436 Nov 9 42. Sentencing and Apprendi II Readings: pp. 1437-1464
Nov 14 43. Double Jeopardy Same Offense Readings: pp, 1471-1489 44. Double Jeopardy Issue Preclusion Readings: pp. 1489-1506 Nov 16 45. Mistrials and Double Jeopardy Readings: pp. 1506-1521 46. Appeals Readings: pp. 1523-1546