Current Students

Criminal Law and Procedure

Please make your selection from the list below:

Criminal Procedure: Investigation, Arrest and the Right to Counsel (CRJU7401)

4 credits. Lecture.

This course analyzes legal and practical problems in the administration of criminal justice from police investigation through arrest and the commencement of formal proceedings, including: arrest; search and seizure; right to and assistance of counsel; entrapment; police interrogation and confessions; lineups, show ups and other pretrial identification procedures; grand jury investigations; and the exclusionary rule.

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Criminal Sentencing (CRJU7408)

2 credits. Lecture.

Prerequisites: Criminal Law.

This course addresses sentencing law. It begins by treating the philosophical, jurisprudential and political considerations which should guide sentencing and then examines current New Jersey and federal sentencing guidelines and practices, with an emphasis on the role of the prosecutor or defense attorney at sentencing. Finally, the seminar will address federal and state constitutional and statutory issues regarding the imposition of the death penalty.

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Issues in Counterterrorism Law: Prosecution and Prevention (CRJU8403MM)

2 credits. Lecture.

Pre/co-requisite: Criminal Law Prerequisite: Criminal Procedure: Investigation, Arrest and the Right to Counsel

This course is intended to explore the history, development and current issues in counterterrorism law. Thus, the class shall consider issues such as the origins and expansion of federal criminal jurisdiction and offenses from the mid-1970s through today; the origins and constitutionality of the Foreign Intelligence Surveillance Act (FISA); the origins and use of the Classified Information Procedures Act (CIPA); the history of the "Wall" between criminal and intelligence investigations; the tension between intelligence gathering and marshaling evidence; differences in approach that may be significant in domestic as opposed to international terrorism matters; the tensions between law enforcement and military approaches; and the tensions between disruption or prevention on the one hand and prosecution on the other.

This course will provide a timely legal/policy analysis of the various mechanisms the United States Government is using to combat terrorism - both domestic and international - and the effectiveness of these actions, as well as their intrusion on liberties of citizens and aliens, and the reactions of the courts. Thus, the class will examine the various tools that the Government has been employing in the fields of criminal, intelligence, military, immigration, and civil law, and the practical realities and difficulties involved with these means, as well as whether there are better ways to accomplish public safety goals. The course will look at the impact the use of these tools has on terrorists, and, more critically, their effect on the people of the United States, as well as those abroad. And, the focus will be on how the federal courts (and Congress) have reacted to the Executive Branch's actions and the arguments of those affected by those actions.

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Postconviction Remedies (CRJU7416)

3 credits. Lecture.

Prerequisites: Constitutional Law or Constitutional Law I and II; Criminal Law.

Note: Students cannot apply Postconviction Remedies (CRJU7416) and Postconviction Remedies Seminar (CRJU9404) towards degree requirements.

This course will introduce the student to the law and practice of post-conviction remedies. The course will give primary focus to the Writ of Habeas Corpus, the "Great Writ of Liberty." The course will begin with a treatment of the common law background to the Great Writ and then trace the doctrinal development of the law from the time of the adoption of the Habeas Corpus Act of 1867 through to passage of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996. Topics considered will include: Habeas Jurisdiction, Meaning of the Custody Requirement, Exhaustion of Remedies, Procedural Default and other Defenses, State Post-Conviction Remedies, Successive Petitions, Abuse of the Writ, Statutes of Limitation, and the miscarriage of Justice Exception. Particular attention will be given to practice issues now arising under AEDPA and the impact on habeas law and practice of the U.S. government's recent use of military tribunals and detention without trial in the war on terror. Accountability will be accomplished through a take-home exam.

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Prisoners' Rights (CRJU 9402)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

This course will introduce the student to the law of corrections and prisoners' rights. The course will begin with a historical overview of th state practice of incarceration and then consider the evolution of th elaw of prisoner's rights from the time of the era of the "hands-off doctrine" through the civil rights era of the mid-twentieth century and up to and including modern statutory and judicial developments. Special attention will be paid to the following topics: Speech and Religion in Prison, Access to the Courts, Discipline and Classification, Personal Injruy, Application of the Cruel and Unusual Punishment Clause, Parole, and Prisoners' Rights Litigation in the modern statutory environment. A visit by the class to a local state or federal prison is also planned. Each student will submit a paper satisfying the advance writing requirement.

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White Collar Defense (CRJU7405)

2 credits. Lecture.

Prerequisite: Criminal Law.

NOTE: Students cannot apply both White Collar Defense (CRJU7405)and either White Collar Prosecutions (CRJU 7412) or Federal Criminal Law (CRJU 7404) towards degree requirements.

The course covers legal, ethical and practical problems encountered in the defense of individual or corporations alleged to have committed white collar crimes. Topics will include: federal and New Jersey State grand jury practice (including subpoena compliance and witness privileges); dealing with prosecutors during the investigation; issues of multiple and corporate representation; pre-trial motion practice; parallel state and federal proceedings; discovery; and sentencing.

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Exoneration: Special Problems of Representing the Convicted Innocent (CRJU7415)

1 credit. Lecture

The course introduces the students to the special legal and practical problem involved in developing and litigating a post-conviction case of factual innocence, most particularly the problems of fact investigations, the problems of dealing with waivers and defaults of claims and grounds at various stages in the proceedings, burdens of proof, the problems of coordination involved in schemes of state post-conviction remedies and federal habeas corpus, and the necessity of linking dehors-the-record exculpatory factual allegations to all possible legal claims (newly discovered evidence, actual innocence, and the “constitutional” claims of ineffective assistance of counsel and “Brady” violations). The class will study two significant cases from 2002, in which Federal judges, asked to consider compelling claims of “actual innocence” on applications for writs of habeas corpus, believed they were not authorized under Herrera v. Collins to entertain the “freestanding” claim of actual innocence, but nevertheless wrote opinions that led eventually to relief for the petitioners, one of them on a renewed effort in state court.  The class will then go on to study the implications of a more recent case, that of Troy Davis, in which the Supreme Court remanded for an “actual innocence” hearing, and the District Court subsequently held explicitly for the first time that there is a “freestanding” claim of actual innocence under the United States Constitution.  The class will compare the Herrera and Davis cases (in which the evidence of innocence was very weak) with the New York cases of People v. Bermudez, People v. Rojas, and Rosario v. Ercole (in which the evidence of innocence was very strong), and draw litigation lessons from the comparisons. A prior course in post-conviction remedies would be helpful but not required.  In addition, a prior class in post-conviction remedies should not be a bar to taking the course, since the material will be beyond the coverage of that class, and will be covered from a very different perspective.  1Ls would be able to take this course, since a light-touch introduction to the Constitutional issues is all that will be required to understand the special problems of the innocent in the context of post-conviction procedures.

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Anatomy of a Criminal Case (CRJU8405)

2 credits. Lecture.

Prerequisites: Criminal Procedure: Investigation, Arrest and the Right to Counsel or Criminal Procedure: Prosecution and Adjudication; and Persuasion and Advocacy

The course offers students an opportunity to explore the unique substantive and procedural issues surrounding criminal law in the context of a single case that we will focus on from “start to finish.” The course has two inter-linked components. The first tracks the traditional doctrinal presentation of the issues relevant at each stage of a criminal case – from investigation through trial and appeal – and seeks to provide students with a general understanding of the substantive and procedural law relevant to each step and throughout the development of the case. The second offers students the opportunity to apply what we have discussed doctrinally in the context of a single criminal case, reviewing actual evidence and arguments made in the case, and then developing their own line of advocacy. This component creates a space for students to contemplate the challenges that the application of doctrine presents in the context of client representation and the prosecution of crime. The combination of these two components will offer the students a unique opportunity to enrich their substantive knowledge of this area of the law while sustaining skills-oriented instruction with the hope of fostering future career opportunities in criminal law.

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Force and Fraud in Criminal Law (CRJU9407)

3 credits. Seminar

Prerequisite: Criminal Law

Force and fraud are the mechanisms of all malicious acts, according to Dante, but they are also cardinal virtues in the exercise of political power, according to Machiavelli and Hobbes.  Today, force and fraud are at the core of the substantive criminal law, and at the core of law's enforcement mechanisms.  This seminar examines force and fraud from both perspectives.  Approximately the first half of the course will be devoted to the substantive criminal law.  Topics include: the types of physical force that are criminalized; the classification of offenses as "violent"; perjury and other forms of criminalized lying; theft-by-deception in contrast to theft-by-force; rape-by-deception in contrast to rape-by-force.   Approximately the second half of the course will be devoted to methods of law enforcement.  Here, topics include: the use of physical force by police officers and prison officials; undercover policing; "testilying" (police perjury); and interrogation techniques that employ either physical force or deception.  Students will be asked throughout the course to reflect on the relative vices – or virtues – of force and fraud. 

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Criminal Procedure: Prosecution and Adjudication (CRJU7402)

3 credits. Lecture.

This course analyzes legal and practical problems in the administration of criminal justice after the commencement of formal proceedings, including: bail; pretrial release; prosecutorial discretion; preliminary hearing; grand jury review; the right to a speedy trial; discovery and disclosure; plea bargaining; trial by jury; sentencing; double jeopardy; and post-conviction proceedings.

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Federal Criminal Law (CRJU7404)

3 credits. Lecture

Prerequisite: Criminal Law

NOTE: Students can only apply either Federal Criminal Law (CRJU7404), White Collar Defense (CRJU7402) or White Collar Prosecutions (CRJU 9421) towards degree requirements.

This course provides an in-depth study of corporate and white-collar crimes, including: RICO; mail fraud; federal drug offenses; criminal tax enforcement; bank secrecy statutes; false statements to law enforcement agents; criminal civil rights statutes; obstruction of justice; Hobbs Act; Mann Act; securities fraud; environmental crimes; workplace death and injury; and choice between federal and state prosecutions.

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White Collar Prosecutions (CRJU7412)

2 credits. Lecture.

Prerequisite: Criminal Law.

NOTE: Students cannot apply both White Collar Prosecutions (CRJU7412) and either White Collar Defense (CRJU 7405) or Federal Criminal Law (CRJU 7404) towards degree requirements.

This course deals with current trends in white collar crimes, including: the federalization of white collar crime; difficulties in drafting and construing white-collar criminal statutes; considerations in determining what business misconduct should be criminalized; the use of criminal law to combat regulatory violations, breaches of fiduciary duty, and breaches of ethics; and appropriate punishment.

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