Course Syllabus
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Criminal Procedure |
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Fall 2022 T, TH 7:30-9:15 |
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Instructor: Geoffrey Corn |
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Materials
Jens Ohln, CRIMINAL PROCEDURE DOCTRINE, APPLICATION AND PRACTICE (1st Edition)
- Learning Outcomes:
- Given a varied set of factual situations similar to those presented in MBE questions, assess the applicability, scope, and (where appropriate) remedial consequence of federal constitutional criminal procedure rules.
- Assess the impact of the incorporation of federal criminal procedure rules to the states, to include the impact on state discretion to tailor procedures to their sovereign needs.
- Analyze the applicability in a given factual scenario of the rules of criminal process derived from the Fourth, Fifth, Sixth, Eigth, and Fourteenth Amendments of the U.S. Constitution;
- Analyze whether trial and appellate process complies with federal constitutional requirements;
- Assess the remedial consequences of a violation of a federal constitutional criminal procedure rule;
- Explain the scope of federal judicial oversight of state criminal process.
- Discuss the influence of cultural and multi-cultural issues in the evolution of criminal procedure and the impact of these rules on the perception of justice within minority groups.
- Office Hours
geoffrey corn is inviting you to a scheduled Zoom meeting.
Topic: Corn_Office_Hours_
Time: This is a recurring meeting Meet anytime
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Meeting ID: 974 3160 8623
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III. Class Learning Objectives.
For each class you will be provided learning objectives. These are essentially an outline of the most important aspects of the totality of the class reading and class discussion. These are not my teaching outline, and I do not recommend you try and use these to follow along with the class. Instead, I provide them so after class you can collate the totality of your reading, briefs, and class notes so that the information is effectively organized.
- Rules Outline and Supplemental Sessions.
You will notice that for several classes there is an entry for rules review. During the semester I will periodically dictate black-letter criminal procedure rules. My objective is that by the end of the course you have a stand-alone ‘rules outline’. I have found this substantially contributes to your understanding of the law, but also to your ability to focus on the theory related to the many cases we are covering with confidence that you will have a solid grasp of the relevant rules. I know there are versions of these floating around. I strongly recommend that you scribe them yourselves; just following along with someone else’s prior work will not have the same effect.
Through the semester we will conduct a number of supplemental review sessions. During these sessions I will update your rules outline and cover any questions you may have. These will likely take place on Fridays or Saturdays. I will not take attendance for these sessions but you are strongly encouraged to participate. They will, however, be recorded.
- Respectful Environment.
You have each chosen to pursue a law degree so that you may join an honored profession. Respect for differing views, backgrounds, political beliefs, and opinions is central to the integrity of our profession. Accordingly, I expect each of you to demonstrate the highest standards of professional conduct as students and to ensure not only that you treat your peers, faculty, and staff respectfully; but that you also seek to correct transgressions of these high standards if and when you have the opportunity to do so. Be alert to the reputation you will leave with, for in truth that will define you among your peer group and will be far more significant than your class standing or grade point average. As President Lincoln reminded us, “Character is like a tree and reputation like a shadow. The shadow is what we think of it; the tree is the real thing.”
- Deliberation Guidelines.
To facilitate productive and open discussions about sensitive topics about which there are differing opinions, we must all: (1) Remember that we are each responsible for enabling a productive, respectful dialogue. (2) To enable time for everyone to speak, strive to be concise with your thoughts. (3) Respect all speakers by listening actively. (4) Treat others with the respect that you would like them to treat you with, regardless of your differences. (5) Do not interrupt others. (6) Always try to understand what is being said before you respond. (7) Ask for clarification instead of making assumptions. (8) When countering an idea, or making one initially, demonstrate that you are listening to what is being said by others. Try to validate other positions as you assert your own, which aids in dialogue, versus attack. (9) Under no circumstances should an argument continue out of the classroom when someone does not want it to. Extending these conversations beyond class can be productive, but we must agree to do so respectfully, ethically, and with attention to individuals' requests for confidentiality and discretion. (10) Remember that exposing yourself to different perspectives helps you to evaluate your own beliefs more clearly and learn new information. (11) Remember that just because you do not agree with a person's statements, it does not mean that you cannot get along with that person. (12) Speak with your professor privately if you feel that the classroom environment has become hostile, biased, or intimidating. Adapted from the Deliberation Guidelines published by The Center for Democratic Deliberation. (http://cdd.la.psu.edu/education/The%20CDD%20Deliberation%20Guidelines.pdf/view?searchterm=deliberation%20guidelines).
VII. Preventing & Responding to Sexual Misconduct.
In accordance with Title IX of the Education Amendments of 1972, South Texas College of Law Houston prohibits sex discrimination against any applicant or participant in its education programs or activities. As outlined in the law school’s policy, sexual harassment—including Quid Pro Quo, sexual assault, dating violence, domestic violence, and stalking—committed by or against students, law school employees, and visitors is prohibited. The law school also prohibits other types of civil rights offenses including sexual exploitation, threatening or causing physical harm, extreme verbal, emotional, or psychological abuse or other conduct which threatens or endangers the health or safety of any person, or disrupts the educational activities or supporting services of the law school.
In accordance with Texas Senate Bill 212, all employees of South Texas College of Law Houston, with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all known details of a report of sexual harassment made to them in the course of their employment. Failure of a mandated reporter to report an incident of sex/gender harassment or discrimination of which they become aware is a violation of Texas state law as well as law school policy and that person will be subject to disciplinary action for failure to comply. (Texas S.B. 212 Sec. 51.255.)
Incidents of Sexual Misconduct should be reported to the Title IX Coordinator at TitleIXCoordinator@STCL.edu or by phone at 713-646-1825. Reports may also be submitted through Maxient (conduct management system) at https://cm.maxient.com/reportingform.php?STCLHouston&layout_id=40 (24-hours a day).
South Texas College of Law Houston offers confidential resources for those affected by sexual misconduct, as well as a number of non-confidential resources and services that may be helpful. Additional information about Title IX, reporting requirements, processes, and resources can be found in the law school’s “Equal Opportunity, Harassment, Nondiscrimination, and Non-Academic Misconduct Policy” at http://www.stcl.edu/stanley/pdf/Title-IX-Policy.pdf or by contacting the Title IX Coordinator. Assistant Dean of Institutional Compliance Wanda Morrow (713-646-1825, Room 835T) is the person designated as the Title IX Coordinator for the law school.
VIII. Students with Disabilities.
The Americans with Disabilities Act is federal antidiscrimination legislation providing comprehensive civil rights protection for persons with disabilities. South Texas College of Law is committed to providing a learning environment meeting the needs of all students; and to that end it provides reasonable accommodations to students who have physical, learning, mental, or other disabilities. If you believe you have a disability requiring an accommodation, please contact Assistant Dean Gena Singleton in the Office of Student Academic Affairs to discuss how your need for support services may be met. Her office is in Room 809, and you may telephone 713-646-1778 or email gsingleton@stcl.edu. All discussions will remain confidential. Please note that accommodations cannot be provided retroactively. More information regarding the law school’s Policy for Accommodating Law Students with Disabilities, including application deadlines, can be found in the Student Handbook.
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