Defendant’s Rights

Political Science 344

Spring 2005

Course Outline
(Note: The cases listed here are those you should read and brief; we'll discuss others in class.)

I. Introductory Material (January 19-January 31)

A. An Overview of the Criminal Justice System and the Rights of the Criminally Accused

B. The U. S. Supreme Court

(Class does not meet on January 24)

II. The Fourth Amendment: Protections Against Unreasonable Searches and Seizures (January 31-March 14)

A. An Overview

B. Searches with Warrants: Illinois v. Gates

C. Exceptions to the Warrant Requirement

1. Searches Incident to a Valid Arrest: Chimel v. California

2. Loss of Evidence Searches: Rochin v. California, Schmerber v. California, Cupp v. Murphy, Winston v. Lee, Skinner v. Railway Labor Executives' Association

3. Consent Searches: Bumper v. North Carolina, Stoner v. California

4. Safety Searches: Terry v. Ohio, Adams v. Williams

5. Hot Pursuit

6. Plain View Doctrine

7. "Place" Searches

a. Origins: Katz v. United States

b. Cars: Chambers v. Maroney, South Dakota v. Opperman, United States v. Chadwick, California v. Acevedo

c. Fields: Oliver v. United States

D. Enforcing the Fourth Amendment: The Exclusionary Rule: Mapp v. Ohio, United States v. Leon, Nix v. Williams

(We will have a make-up class on February 19)

The Midterm Examination is on March 2

(Spring Break is March 7-11)

III. The Fifth Amendment: The Privilege Against Self Incrimination (March 14-March 28)

A. An Overview

B. Self Incrimination and Police Interrogations: Brown v. Mississippi, Escobedo v. Illinois, Miranda v. Arizona

C. The Miranda "Fallouts"

1. What Constitutes Custody?: Oregon v. Mathiason, Berkemer v. McCarty (see note on p. 724)

2. What Constitutes Interrogation?: Brewer v. Williams, Rhode Island v. Innis

3. Exceptions to Miranda and Its Continuing Viability: Dickerson v. United States (see note on p. 724)

IV. The Sixth Amendment: The "Right" to an Attorney (March 30-April 4)

A. Prosecutors and Defense Attorneys

B. Indigents and the Right to Counsel: Powell v. Alabama, Gideon v. Wainwright

V. The Criminal Trial (April 4-April 18)

A. Pre-Trial Stages

B. An Overview of the Trial Process

C. The Right to a Speedy Trial: United States v. Marion, Barker v. Wingo

D. Jury Trials

1. Jury Members: Batson v. Kentucky

2. Jury Size

3. Jury Verdicts

E. Fair Trials, Impartial Juries, and the Press: Sheppard v. Maxwell, Richmond Newspapers, Inc. v. Virginia

F. Juries and the American Criminal Justice System: Some Concluding Observations

F. Trial Proceedings

1. The Right to Confront Witnesses: Pointer v. Texas, Illinois v. Allen

VI. Decision Making, Sentencing, and Post-Conviction Relief (April 18-April 27)

A. Plea Bargaining: Brady v. United States

B. Sentencing

C. The Eighth Amendment

1. Capital Cases: Gregg v. Georgia, Atkins v. Virginia

2. Non-Capital Cases: Solem v. Helm, Ewing v. California

C. Retrial and Double Jeopardy: Ashe v. Swenson

D. Post-Release Protections

The Final Examination is on May 9, 10:30-12:30