This class examines what happens once the judicial system is mobilized to prosecute an individual. How effective is this system in ensuring that those presumed innocent get their day in court? What role does discretion play? What role does advocacy play? Major topics include: bail, prosecutorial charging discretion, discovery, suppression, plea bargaining, the role of the press, experts, jury selection, jury persuasion, defendant testifying, ineffective assistance of counsel, and sentencing. This is an experiential course, with a high concentration on simulations.
This class is sometimes known as "Criminal Procedure II" because it picks up chronologically where Criminal Procedure ends. Criminal Procedure, however, is not a prerequisite.