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CRIMINAL LAW ANDPROCEDURE
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The criminal law curriculum holds a special place in the mission of theLaw Center. Although most students will not plan a career in criminallaw, this subject is at the very core of democratic government and afree society. All criminal law courses ultimately concern the conditionsunder which a gover...

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  • May 8, 2024
  • 28
  • 2023/2024
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  • criminal law andprocedure

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Criminal Law and Procedure 1




CRIMINAL LAW AND Search Criminal Law and Procedure Courses (http://
curriculum.law.georgetown.edu/course-search/?cluster=cluster_10)

PROCEDURE LAW 1849 v00 Abolitionism and the Law Seminar (http://
curriculum.law.georgetown.edu/course-search/?keyword=LAW
The criminal law curriculum holds a special place in the mission of the %201849%20v00)
Law Center. Although most students will not plan a career in criminal J.D. Seminar | 3 credit hours
law, this subject is at the very core of democratic government and a This seminar will cover the history and present of abolitionist movements
free society. All criminal law courses ultimately concern the conditions in the United States and the role of law in resisting or hastening abolition,
under which a government may legitimately utilize severe sanctions mainly of slavery, but also of prisons and policing today. The first half
to coerce its citizens. Every lawyer, indeed, every citizen, should have a of the course will present a legal history of abolitionism. Students will
thoughtful understanding and appreciation of the policies and process of learn about the founding constitutional accommodations to slavery
the criminal law. Furthermore, such an understanding and appreciation is and the role of the Supreme Court in enforcing those constitutional
particularly important for the significant number of Law Center graduates protections of enslavers prior to the Civil War. They will also learn about
who will later become judges, legislators, and executive branch officials the modes of abolitionist resistance to slavery, including freedom suits
with responsibility for developing or administering criminal justice. by enslaved persons and legal challenges on behalf of fugitives as well
as abolitionists’ petitions to state and federal legislatures to end slavery.
At Georgetown, a student has the opportunity to study every aspect They will read and engage with iconic primary abolitionists texts from
of the American criminal justice system. In the spring semester of the colonial, revolutionary and pre-Civil War eras to understand the moral,
the first year (the second year, for part-time students), every student constitutional, and political arguments levelled against slavery. They
studies search and seizure, self-incrimination and right to counsel, in will also read and understand the original intentions of the drafters of
Criminal Justice (Curriculum A) or Democracy and Coercion (Curriculum the Reconstruction Amendments and engage with their conception
B). Thereafter, in upperclass J.D. courses, seminars and clinics, students of “abolition democracy,” that is, the democratic society they hoped to
can delve more deeply into issues of law, procedure, policy and discretion create to ensure freedom and equality for the formerly enslaved. The
relating to the significant areas of criminal law prosecution and defense. second half of the course will engage with abolition now, particularly the
legal and social movements for abolition of modern slavery, prisons, and
Apart from concerns of career choice, the courses, seminars, clinics endemically violent policing. Students will read excerpts from signature
and practicums in the criminal law curriculum provide exceedingly works on contemporary abolitionism, including key law review articles
useful training because the basic legal issues addressed are broadly on prison and policing abolition and on “abolitionist constitutionalism.”
applicable to other fields of law. For example, the exploration of the They will grapple with the relevance of abolitionist thought to modern
relationship between mental states and criminal responsibility, which aspirations concerning individual freedom, equality, and democracy.
forms the centerpiece of the Criminal Law course, is highly relevant to
areas as diverse as securities regulation and torts. Similarly, the study Learning Outcomes: (1) Students will learn about the role of abolitionists
of the incentive effects of legal rules, at the heart of many criminal and and abolitionist thought in shaping American law and guarantees of
procedure courses, is important in the understanding of antitrust and freedom and equality. (2) Students will demonstrate an ability to produce
commercial law. Also, the criminal law field is primarily governed by an original, high quality research paper. (3) Students will demonstrate
federal and state statutes, and, therefore, criminal law courses provide an ability to give constructive feedback on the work of their peers. (4)
excellent opportunities for the student to analyze statutory interpretation Students will engage in critical analysis of the gap between our professed
and the legislative process. founding ideals of freedom and the reality for historically and presently
subordinated persons and develop concrete ideas in their papers on what
Students planning a career in criminal law have a remarkable array of to do about it.
offerings from which to choose. In addition to the first year course in
criminal procedure, two courses are considered "building blocks" in the
field. Advanced Criminal Procedure and Advanced Criminal Procedure and
Litigation examine the procedural rules that accompany the trial process,
including discovery, plea bargaining, jury trial, and post-trial procedures.
Criminal Law, which is required at many other law schools, examines the
basic substantive requirements for criminal liability and many of the
defenses to liability, such as insanity, duress, and self-defense. Also, this
course provides the student with an opportunity to explore important and
controversial distinctions between morality and law.

Beyond these basic courses, students can go on to concentrate on more
specialized courses, such as Federal White Collar Crime, International
Criminal Law, International White Collar Crime (graduate), and the Role of
the Federal Prosecutor. Also, there are a number of seminar offerings
that provide the opportunity to undertake scholarship in this area of law:
Capital Punishment Seminar and Race, Gender and Criminal Law Seminar.
For hands on experience in the criminal justice system, students may
apply to one of the clinics or practicums listed on this page, which focus
on criminal law cases and provide a valuable introduction to criminal
practice.

,2 Criminal Law and Procedure



LAW 1776 v00 Advanced Criminal Law Seminar: Race and Poverty in LAW 032 v00 Advanced Criminal Procedure (http://
Capital and Other Criminal Cases (http://curriculum.law.georgetown.edu/ curriculum.law.georgetown.edu/course-search/?keyword=LAW
course-search/?keyword=LAW%201776%20v00) %20032%20v00)
J.D. Seminar (cross-listed) | 1 credit hour J.D. Course | 2 credit hours
This course addresses the issues of race, poverty, mental illness, and Advanced Criminal Procedure picks up where Criminal Justice leaves
other issues of fairness and equality in the criminal courts, particularly in off and is primarily interested in the decisions that lawyers (as opposed
death penalty cases. Topics include procedures for imposing the death to the police) confront in the criminal justice system. This course will
penalty and racial disparities in capital sentencing, the impartiality and cover topics that criminal defendants face from “bail to jail”, including
independence of elected judges in the state courts, competency for trial charging decisions/prosecutorial discretion, bail and pre-trial detention,
and other issues involving the mental health and intellectual functioning plea bargaining, effective assistance of counsel, and sentencing. This
of people accused of crimes, and practices and procedures regarding course will examine the responsibilities and the power allocated to
clemency. each of the players in the criminal justice system, including judges,
prosecutors, defense counsel, law enforcement, and defendants. At each
Course Goals and Learning Objectives: Students will develop knowledge stage, we will ask whether the system is working optimally, how the
and understanding of issues regarding the imposition of the death process may be improved and the pressure points where the system may
penalty, the impartiality of judges, the treatment of people with mental be changed. Throughout the course, students will step into the shoes
disorders and intellectual disabilities in the criminal courts, and the of the prosecution and defense to evaluate the strategic choices made
consideration of applications for clemency. Students will engage with during the trial. Readings will include a review of the relevant Rules of
the views of Supreme Court justices, lower court judges, legislators, Criminal Procedure, United States Supreme Court caselaw, pleadings
governors and commentators with regard to issues of fairness and from assorted topical cases, and late-breaking newspaper articles.
discrimination in the state and federal governments in carrying out
the death penalty since the Supreme Court allowed its resumption Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal
in 1976. The course will also address decision-making in the state Procedure.
courts. The overwhelming majority of cases – both criminal and civil
– are decided in the state courts. In most states, judges are elected. Recommended: Evidence and Criminal Law.
Students will consider issues of whether judges are influenced by
Mutually Excluded Courses: Students may not receive credit for both
political considerations or have biases with regard to people of color who
this course and Advanced Criminal Procedure and Litigation or Criminal
come before them. Students will learn the grounds for disqualification
Justice II: Criminal Trials.
of a judge who may be biased and the law and procedures for resolving
those issues. Students will also learn that the criminal courts deal
with a significant number of people with serious mental disorders.
Students will learn the legal standards for competency to stand trial,
competency to waive appeals, and competency to be executed, as well as
the procedures for deciding those issues. Students will also learn how the
President of the United States and governors decide whether to commute
death sentences and other severe sentences and practices regarding
applications for clemency. Finally, as part of the course, students will
learn how to analyze issues and set out their views in writing and orally,
supporting their positions with solid legal reasoning and proper citation
to the relevant authorities.

Recommended: Criminal Justice and/or Criminal Law.

Note: WEEK ONE COURSE. This seminar will meet for one week only, on
the following days: Monday, January 8, 2024, through Friday, January 12,
2024, 1:30 p.m. - 4:05 p.m. This course is mandatory pass/fail and will not
count toward the 7 credit pass/fail limit for J.D. students.

ATTENDANCE IS MANDATORY AT ALL CLASS SESSIONS. Enrolled
students must be in attendance at the start of the first class session in
order to remain enrolled. Waitlisted students must be in attendance at the
start of the first class session in order to remain eligible to be admitted
off the waitlist. All enrolled students must attend each class session
in its entirety. Failure to attend the first class session in its entirety will
result in a drop; failure to attend any subsequent class session in its
entirety may result in a withdrawal. Enrolled students will have until the
beginning of the second class session to request a drop by contacting
the Office of the Registrar; a student who no longer wishes to remain
enrolled after the second class session begins will not be permitted to
drop the class but may request a withdrawal from an academic advisor in
the Office of Academic Affairs. Withdrawals are permitted up until the last
class for this specific course.

, Criminal Law and Procedure 3



LAW 032 v02 Advanced Criminal Procedure (http:// LAW 032 v03 Advanced Criminal Procedure and Litigation (http://
curriculum.law.georgetown.edu/course-search/?keyword=LAW curriculum.law.georgetown.edu/course-search/?keyword=LAW
%20032%20v02) %20032%20v03)
J.D. Course | 2 credit hours J.D. Course | 2 credit hours
The stages of the criminal process beginning with the filing of charges This course addresses the law, strategy, and ethical considerations
through the sentencing stage are analyzed. Legal issues arising at each of criminal procedure and litigation beginning with the decision to
stage will be examined. How the legal and administrative obligations commence an investigation and/or charge through sentencing.
of the participants in the process -- the court, prosecutor and defense Topics to be explored will include the prosecutorial decision to charge,
counsel -- influence decision-making at various stages is explored. The representation (e.g., conflicts) of and compensation (e.g., forfeiture)
prosecutor’s paramount role is to advocate aggressively on behalf of by client issues, grand jury practice, immunity and plea negotiating,
the government. However it cannot be unmindful of its administrative discovery, motions practice, prosecutorial and defense misconduct,
responsibility to process cases expeditiously. Protecting the rights of selected trial issues, and sentencing. Materials for this course will include
the accused is a defense attorney’s foremost obligation but not without court opinions, pleadings from actual cases, Department of Justice
a regard for the attorney’s duties as an officer of the court. Arbitrating manuals and policies, and news and law articles. The course may be
matters is a core judicial activity in the criminal process; influenced organized around an actual case from its investigation inception, through
by the court's desire to move cases to conclusion. Burdens of proof pre-trial motions and discovery, to trial and verdict.
to resolve procedural issues are studied in the context of how the
allocations of burdens of proof are allocated to achieve philosophical Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal
interests to be accommodated by the system. Procedure.

Prosecutorial discretion in the charging function, the constitutional basis Mutually Excluded Courses: Students may not receive credit for both this
therefore and limitation thereon are explored. Preliminary procedural course and Advanced Criminal Procedure or Criminal Justice II: Criminal
steps as well as grand jury process, joinder and severance of defendants Trials.
and charges, the right to a speedy trial, discovery, trial issues arising in
complex multi-defendant trials, the evolving federal constitution law on
the right to confrontation, the presentation of evidence, jury instructions
and sentencing issues are all studied.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal
Procedure.

Recommended: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this
course and Advanced Criminal Procedure and Litigation or Serial and
Adnan Syed: Special Topics in Criminal Procedure or Criminal Justice II:
Criminal Trials.

LAW 032 v06 Advanced Criminal Procedure (http://
curriculum.law.georgetown.edu/course-search/?keyword=LAW
%20032%20v06)
J.D. Course | 2 credit hours
This course examines the process of criminal litigation beginning with
the filing of charges and continuing through the trial. Topics covered
include the exercise of prosecutorial discretion in the charging function,
the preliminary examination and grand jury, bail, joinder and severance
of defendants and charges, the right to a speedy trial, discovery, trial
issues, the right to confrontation, the presentation of evidence, and jury
instructions.

Prerequisite: Criminal Justice (or Democracy and Coercion) or Criminal
Procedure.

Recommended: Evidence.

Mutually Excluded Courses: Students may not receive credit for both this
course and Advanced Criminal Procedure and Litigation or Serial and
Adnan Syed: Special Topics in Criminal Procedure or Criminal Justice II:
Criminal Trials.

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