HIS-152
Although concepts in constitutional law do not often manifest themselves
in the everyday practice of law, a basic understanding of the foundation
on which our entire legal system is built is vital to a student's
legal education. This course will provide our students with a general
understanding of the major issues in constitutional law, including
the separation of powers between the executive, legislative and judicial
branches of the federal government; federalism and states’ rights,
the concept of interstate commerce; freedom of speech (the First Amendment);
substantive and procedural due process; and the equal protection clause;
various areas of discrimination.
Perhaps the portions of the Constitution most relevant to the
everyday practice of law are those sections of the Bill of Rights
which deal with criminal procedure and litigation. Therefore, this
course will especially focus on the rights of a criminal defendant.
The areas to be highlighted on will include: the Fourth Amendment’s
protection against unreasonable searches and seizures by the police;
the Fifth and Fourteenth Amendments’ guarantees of “due
process” for an alleged criminal; the Sixth Amendment’s
guarantee of the right to counsel along with the landmark case of
Miranda v. Arizona; and the Eighth Amendment’s prohibition
of cruel and unusual punishment.
Legal Skills Acquired :
At the completion of this course, the student will:
(Constitional Law component)
- be able to articulate the roles of the federal,
state and local governments
- understand separation of powers and the roles
of the different branches of government.
- understand where an appeal can be brought.
- understand the due process and equal protection
clauses of the U.S. Constitution.
- be able to research cases involving clients’ claims
of government deprivation of civil rights.
- understand the freedoms of the First Amendment,
such as, speech, assembly and religion.
- understand when government may restrict freedoms.
- make an initial determination as to the merit
of a client’s claim based on the First
Amendment.
(Criminal Procedure component)
- understand the rights and responsibilities
of police in conducting searches.
- be able to determine whether a search was properly
made under the Fourth Amendment.
- able to analyze fruits of an illegal search.
- be able to draft and/or analyze a criminal
complaint.
- understand the arrest and trial process.
- understand the police interrogation process
and safeguards afforded to criminal defendants.
- understand the right to an attorney or to remain
silent.
- able to advise a police officer when he is
allowed to question a witness as well as when
the officer must read the defendant his “Miranda” rights.
- be qualified to research and prepare opinions
as to whether a particular statement made by
a defendant is admissible in court.
- understand the criminal defendant’s rights
at trial itself.
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