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DEFENDANTS' 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
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