Lessons: Criminal Procedure

This lesson explores the countless "administrative" searches governed by the Fourth Amendment that occur every day without warrants or probable cause, in public schools, jails and prisons, factories and offices, and at vehicle checkpoints and border crossings. It examines the US Supreme Court's "balancing methodology" applied to these non-traditional "special needs" searches in the context of drug testing, searches in prisons and jails, vehicle inspections and checkpoints, and border searches. The lesson has separate units for each of these subjects and concludes with an essay question.

90 minutes
CRMPRO20

The lesson will review the three most significant automobile search standards: the automobile exception, searches of automobiles incident to arrest, and inventory searches of automobiles.

40 minutes
CRMPRO08

This lesson explores the constitutional rules requiring confrontation of hearsay declarants in criminal prosecutions, with special emphasis on Crawford v. Washington, 541 U.S. 36 (2004), and its progeny.

30 to 40 minutes
CRMPRO11

This lesson explores some of the rules surrounding police searches based on a citizen's consent. Students will be able to critically examine the law and the policies that permit consent searches under certain circumstances.

45 minutes
CRMPRO10

This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search. In this lesson, we explore the various facets and definitions of the term. This lesson is intended for students who have studied these issues in class and who would like to refine their knowledge.

45 minutes
CRMPRO02

In this lesson, you will learn about the application of the Double Jeopardy Clause to criminal prosecutions. You will consider such topics as the attachment of jeopardy, the definition of "same offense," and the dual sovereignty doctrine.

30 minutes
CRMPRO15

This lesson will discuss the Exclusionary Rule, the circumstances under which it may be raised, and two important exceptions to its use -- the Impeachment Exception and the Leon Good Faith Exception. The lesson will not cover the Fruit of the Poisonous Tree Doctrine. That doctrine, which builds upon the information covered in this lesson, is covered in a separate lesson. It is highly recommended that you complete the separate lesson on the Fruit of the Poisonous Tree Doctrine shortly after you complete this lesson.

45 minutes
CRMPRO17

This lesson explores the circumstances under which and reasons why courts will dispense with the requirement for a search warrant. Students should have a general familiarity with the Fourth Amendment. Although no specific advance reading is required, it would probably be best to have reviewed the CALI search warrant lessons first.

30 minutes
CRMPRO19

This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

40 minutes
CRMPRO01

This lesson will cover the Fruit of the Poisonous Tree Doctrine, its application, and its three exceptions. The Fruit of the Poisonous Tree Doctrine lesson builds upon information covered in the Exclusionary Rule lesson. Although you may complete the lessons in any order, it is highly recommended that you complete the separate lesson on the Exclusionary Rule before you complete this lesson.

45 minutes
CRMPRO26

This lesson examines identification procedures in criminal cases through a short exploration of problems that can arise in making an identification, a primer on basic constitutional rules and the problem of suggestiveness, and a simple criminal case in which you act as an investigator and see the legal consequences of choosing different identification procedures. A concluding essay question gives you a chance to test your knowledge.

90 minutes
CRMPRO14

This lesson reviews Miranda v. Arizona, 384 U.S. 436 (1966), one of the most well known and important cases ever decided by the United States Supreme Court. The lesson reviews the reasoning and holding of Miranda and examines the issues of custody, interrogation, and waiver. A different lesson, Miranda II, explores issues relating to the assertions by a suspect of the rights provided by Miranda; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.

45 minutes
CRMPRO18

This lesson is the second lesson reviewing Miranda v. Arizona, 384 U.S. 436 (1966). This lesson explores issues relating to the assertions by a suspect of the rights provided by Miranda--the right to silence and the right to an attorney prior to questioning; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.

Another lesson, Miranda I, reviews the reasoning and holding of Miranda; examines the issues of custody and interrogation--the two "triggers" set forth by the Court for when the protections become available to a suspect; and explores what constitutes a waiver of the protections of Miranda. Although the lessons can be completed in any order, it may be helpful to complete Miranda I before moving on to Miranda II.

75 minutes
CRMPRO25

In addition to the limitations imposed upon interrogations by Miranda, the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment right to counsel also constrain law enforcement authority in the interrogation context. This lesson will discuss those additional constitutional limitations. Although it isn't necessary to have mastered the Miranda limitations at this point, some familiarity with those standards will be helpful.

50 minutes
CRMPRO21

The plain view doctrine is an exception to the warrant requirement that allows an officer to seize items that she observes from a lawful vantage point, to which she has a lawful right of access, and which are immediately apparent as contraband or evidence of a crime. In this lesson, you will review both the theory and the application of the plain view doctrine.

40 minutes
CRMPRO13

This lesson examines the so-called "plain view" exception to the warrant requirement. Even though the Fourth Amendment contains a warrant requirement, the United States Supreme Court has recognized numerous exceptions to that requirement, including the plain view exception. This leson is intended for students who have studied this issue in class and wish to refine their knowledge.

45 minutes
CRMPRO05

These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.

1 hour
CRIM02

These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.

1 hour
CRIM01

The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause. This lesson examines the concept of probable cause under the Fourth Amendment. This lesson is intended for students who have studied the concept of probable cause in class and wish to refine their knowledge and understanding.

25 minutes (45 minutes with the concluding essay)
CRMPRO03

This lesson reviews the concept of probable cause as defined and applied by the United States Supreme Court. It reviews the Aguilar-Spinelli "two-prong test" as well as the "totality of the circumstances" test developed in Illinois v. Gates, 462 U.S. 213 (1983). The lesson assumes the student has read the Gates decision and discussed it in class. It attempts to enhance the student's understanding of the cases and provides opportunities for the student to apply the tests to several fact patterns.

1 hour
CRMPRO09

This lesson is intended to provide students with an introduction to the right to counsel at trial. It covers such issues as the right of indigents to state-provided representation, as well as the rights of non-indigents. Issues such as the right to proceed pro se and the right to the "effective" assistance of counsel will be covered in other lessons.

45 minutes
CRMPRO28

This lesson explores some of the basic issues surrounding one of our most basic constitutional rights, the right to a trial by jury. The lesson explores the issues of what constitutes a "criminal prosecution" requiring a jury trial, as well as the issues of size and unanimity requirements for a "jury" to pass constitutional muster. Issues relating to the selection and composition of the jury--the make up of the jury pool, the use of preemptory challenges, etc.--and what decisions must be made by the jury, are the subject of a separate lesson.

45 minutes
CRMPRO27

This lesson provides the basic framework for the search incident to arrest exception to the warrant and probable cause requirements the U.S. Supreme Court set forth in Chimel v. California in 1969. The lesson explores the development and operation of this exception since Chimel in three contexts: in public, in vehicles and in premises.

60-90 minutes
CRMPRO07

This lesson, part one of three lessons on searches and seizures with a warrant, addresses issuance of warrants. This involves basic principles about search and arrest warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. The second lesson concerning warrants, "Searches and Seizures with a Warrant: Issuance of the Warrant 2" includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents. The third lesson, "Searches and Seizures with a Warrant: Execution of the Warrant," covers what happens once the police obtain a warrant. No prior reading is recommended before completing this lesson.

45 minutes
CRMPRO22

This lesson, part two of three lessons on searches and seizures with a warrant, addresses application of the rules for issuance of warrants. A first lesson, "Searches and Seizures with a Warrant: Issuance of the Warrant 1," involves basic principles about warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. This lesson includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents. The third lesson, "Searches and Seizures with a Warrant: Execution of the Warrant," covers what happens once the police obtain a warrant.

1 hour
CRMPRO23

This third lesson in a three lesson set on warrants addresses execution of warrants. Two separate lessons, "Searches and Seizures with Warrants: Issuance of the Warrant 1" and "Searches and Seizures with Warrants: Issuance of the Warrant 2," cover the rules for issuing warrants and the use of these rules with an application for a search warrant and a search warrant. This third lesson treats what happens when police obtain a warrant. It examines the knock & announce requirement, the proper time and method of entry, and the property subject to search under a search warrant. The lesson provides illustrative warrants and affidavits with which you can explore the concepts of curtilage, plain view, staleness, the permissible scope and intensity of a search under a warrant, protective sweeps and searches and seizures of persons on premises where warrants are executed. It also briefly treats the degree to which searches can affect constitutional rights other than the Fourth Amendment.

75 minutes
CRMPRO24

This lesson explores non-capital, criminal sentencing with a particular focus on the constitutional criminal procedural issues. The lesson assumes some basic familiarity with sentencing.

45 minutes
CRMPRO16

This lesson reviews the reasoning and holding of the landmark case of Terry v. Ohio, 392 U.S. 1 (1968) and explores the broader issues relating to investigative detentions and limited searches spawned by the Terry decision. The lesson examines when a seizure occurs, when reasonable suspicion to justify a seizure exists, the permissible scope of a Terry seizure, when officers have the authority to frisk, and the permissible scope of a frisk.

45-60 minutes
CRMPRO12

This lesson examines the "stop and frisk" exception to the warrant requirement. The lesson explores the justifications for creating that exception, the scope of the exception, and raises questions regarding the decision's extension and application. The decision is intended for students who have studied these issues in class and who wish to further refine their knowlege.

45 minutes (25 minutes without the essay)
CRMPRO06

Although the Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures, there is nothing to prevent the citizenry from waiving their constitutional rights. In this lesson, we examine the "consent" exception to the warrant requirement. The lesson is intended for students who have studied these issues in class, and wish to refine and expand their knowledge.

45 minutes
CRMPRO04

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