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Criminal Law and Procedure
Please make your selection from the list below:
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.
back to topFederal 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.
back to topIssues 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.
back to topPost-Conviction Remedies (CRJU9404)
3 credits. Seminar.
Prerequisites: Constitutional Law or Constitutional Law I and II; Criminal Law.
This seminar 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.
back to top3 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.
back to topWhite 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.
back to topWhite 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.
back to topCriminal 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.
back to topCriminal 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.
back to topCriminal 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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