Criminal Law and Procedure (CRJU)   

 

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Number Name Credit Type Offering

CRJU7401

Criminal Procedure: Investigation, Arrest and the Right to Counsel

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.



4

Lecture

CRJU7402

Criminal Procedure: Prosecution and Adjudication

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.



3

Lecture

CRJU7408

Criminal Sentencing

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.



Prerequisites: Criminal Law.

2

Lecture

CRJU7404

Federal Criminal Law

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.



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.

3

Lecture

in-class

CRJU7416

Postconviction Remedies

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.



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.

3

Lecture

CRJU9402

Prisoners' Rights

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.



Prerequisites: Constitutional Law or Constitutional Law I and II.

3

Seminar