Course Description


Foley, Johnson, Levinson, Simkins, Shilton

An examination of the criminal adjudication process, from initial appearance of an accused after arrest, through the formal charging process, pretrial motions, trial, sentencing, appeal, and collateral attack of conviction. The operation and effectiveness of present systems (focusing primarily on the federal system as an example) are considered, as well as proposed alternative procedures. Each step of the process and the system as a whole are evaluated as to their effectiveness in accurately determining the guilt or innocence of an accused while providing constitutional protections such as the right to be free from excessive bail and to have notice of the nature of the charges, the right to a speedy and public trial by an impartial jury, the right of the accused to confront witnesses, the right against compelled self-incrimination, and the right against being twice put in jeopardy for the same offense.