CRIMINAL
PROCEDURE II
D704
Indiana University School of Law-Indianapolis
Spring 1999
Professor Orentlicher
Text: Miller & Wright, Criminal Procedures: Cases, Statutes, and Executive Materials (Aspen Law & Business 1998).
Grading: Your grade will be based primarily on a closed book, final examination in class, which is scheduled for Monday, May 3, 9:00 am. If you would like to get a sense of the kind of exam I give, there are copies of previous exams from Bioethics and Law, Fourteenth Amendment and Professional Responsibility on reserve in the library. Class participation is an important part of the class, both to enhance your learning and that of your classmates. As long as the amount and quality of your participation fall within a reasonable range, it will not affect your grade. Unusually good or poor participation can raise or lower your grade, respectively.
Attendance: As indicated by my grading policy, attendance and participation are an important part of this course. I will not be taking attendance, however. You are adults, and it is your responsibility to arrange your time so that you can attend class.
Office Hours: I do not have formal office hours, but I am generally in my office and welcome students to come by at their convenience. I also welcome advance appointments to ensure that I will be in the office when you come by. My office is in Room 134, and my phone number is 274-4993. You can also contact me by e-mail with any questions, at dorentli@iupui.edu. My secretary is Corey Fuqua, Room 132, 274-1913, palockha@iupui.edu.
Scheduling: We will ordinarily meet on Mondays and Wednesdays, 10:30 - 11:45 am, Room 116.
Assignments
The assignments are from the Miller & Wright casebook. Please note that, on some dates, there are assignments for more than one topic.
I expect that we will follow the assignments as indicated in the syllabus. As we proceed through the assignments, however, I may make adjustments. If that is the case, I will let you know in class or by e-mail. You will also be able to find any changes by consulting this web page.
I. Evaluating Charges
A. Defense Counsel
1. When Will Counsel Be Provided
a. Types of Charges (Jan. 11)
pp. 807-824
b. Point in the Proceedings (Jan. 13)
pp. 824-836
2. Selection and Rejection of Counsel (Jan. 13)
pp. 836-846
3. Adequacy of Counsel (Jan. 20)
pp. 846-868
B. Pretrial Release and Detention
1. Pretrial Release (Jan. 25)
pp. 907-940
2. Pretrial Detention (Jan. 27)
pp. 940-954
C. Charging
1. Prosecutorial Screening
a. Declination and Diversion (Feb. 1)
pp. 961-985
b. Encouraging or Mandating Criminal Charges (Feb. 3)
pp. 985-994 (top 4 lines)
c. Selection Among Charges (Feb. 3)
pp. 999-1007
d. Selective Prosecution (Feb. 3)
pp. 1020-1029
2. Grand Jury and Judicial Screening (Feb. 8)
pp. 1029-1051
D. Jeopardy and Joinder
1. Double Jeopardy
a. Multiple Sovereigns (Feb. 10)
pp. 1053-1074
b. "Same Offence" (Feb. 15)
pp. 1074-1097
2. Joinder (Feb. 17)
a. Discretionary Joinder and Severance of Offenses
pp. 1118-1132
b. Joint Trials of Defendants
pp. 1132-1139
E. Forfeiture of Assets
1. Property Subject to Forfeiture (Feb. 22)
a. Instrumentalities and Proceeds
pp. 1141-1148
b. Property Exempted
pp. 1148-1163
2. Procedures for Resolving Forfeitures (Feb. 24)
a. Parties and Innocent Owners
pp. 1170-1180
b. Proof and Presumptions
pp. 1180-1189
II. Resolving Guilt and Innocence
A. Discovery and Speedy Trial
1. Discovery
a. Prosecution Disclosures (Mar. 1)
pp. 1193-1214
b. Defense Disclosures (Mar. 3)
pp. 1214-1226
2. Speedy Trial Preparation
a. Pre-accusation Delay (Mar. 3)
pp. 1235-1243
b. Speedy Trial After Accusation (Mar. 8)
pp. 1243-1255
III. Pleas and Bargains
A. Why Bargain? (Mar. 8)
pp. 1269-1279
B. Validity of Individual Plea Bargains (Mar. 10)
1. Lack of Knowledge
pp. 1321-1330
2. Involuntary Pleas
pp. 1330-1340
C. Making and Breaking Bargains (Mar. 22)
1. Breaking Bargains
pp. 1345-1355
2. Remedies for Broken Bargains
pp. 1355-1361
D. The Future of Bargaining (Mar. 22)
pp. 1361-1367
IV. Decisionmakers at Trial
A. Judge or Jury? (Mar. 24)
1. Availability of Jury Trial
pp. 1379-1389
2. Essential Nature of the Jury
pp. 1389-1398
3. Waiver of Jury Trial
pp. 1398-1408
B. Selection of Jurors
1. Voir Dire (Mar. 29)
pp. 1408-1421
2. Dismissal for Cause (Mar. 29)
pp. 1421-1427
3. Peremptory Challenges (Mar. 31)
pp. 1427-1457
C. Jury Deliberations and Verdicts (Apr. 5)
1. Instructions to Deadlocked Juries
pp. 1457-1469
2. Jury Nullification
pp. 1469-1478
D. The Public as Decisionmaker (Apr. 5)
pp. 1478-1489
V. Witnesses and Proof
A. Burden of Proof (Apr. 7)
pp. 1491-1512
B. Confrontation of Witnesses (Apr. 12)
1. The Value of Confrontation
pp. 1527-1547
pp. 1547-1556
C. Self-Incrimination Privilege at Trial (Apr. 14)
1. Comments on Silence
pp. 1567-1584
2. Availability of Defense Witnesses
pp. 1584-1588
VI. Sentencing
A. Who Sentences? (Apr. 19)
1. Indeterminate Sentencing
pp. 1603-1621
2. Legislative Sentencing
pp. 1621-1633
3. Sentencing Commissions
pp. 1633-1644
B. Revisiting Investigations and Charges (Apr. 21)
1. Revisiting Investigations
pp. 1644-1651
2. Revisiting Charging Decisions: Relevant Conduct
pp. 1651-1661
C. Revisiting Pleas and Trials (Apr. 26)
1. Revisiting Proof at Trial
pp. 1661-1673
2. Revisiting Jury Verdicts
pp. 1671-1678
3. Revisiting Guilty Pleas and Refusals to Plead
pp. 1678-1686