Criminal Law

A study of the constitutional and non-constitutional procedural components of the criminal process. Included are discretionary aspects of the decision to charge; the preliminary hearing; pre-trial release; grand jury proceedings; venue; jury selection; trial procedures; sentencing; double jeopardy; appeals, and post-conviction proceedings. Criminal Procedure I (Investigation) is not a prerequisite. Students who take Criminal Procedure II may not take Criminal Procedure Survey, LAW 403, for credit. Close Window

An in-depth study of the Fourth, Fifth and Sixth Amendments to the Constitution including criminal procedure. Considered are general due process concepts; the right to counsel; arrest, search and seizure; police interrogation and confessions; identification procedures; and the scope and administration of the exclusionary rules. Students who take Criminal Procedure I may not take Criminal Procedure Survey, LAW 403, for credit. Close Window

A survey of all of the major elements of the trial of a criminal case including search and seizure, interrogation, identification procedures, the right to counsel, arrest and prosecution, preliminary hearings, grand juries, jury selection, trial procedure and sentencing. The course will address all of the major issues covered by Criminal Procedure I and II but will do so in less depth. Students who take Criminal Procedure Survey may not take either Criminal Procedure I (Law 401) or Criminal Procedure II (Law 402) for credit. Close Window

An intensive study of the law of evidence primarily utilizing the Federal Rules of Evidence. Topics addressed by the course include relevance, authentication, real evidence, competence, hearsay, impeachment of witnesses, and privileges. This course satisfies the Third Year Practice requirement. Close Window

This seminar provides a broad overview of contemporary jury system management and trial procedure with an emphasis on current policy debates concerning the American jury. The course begins with a brief review of the history of the jury and current public perceptions of its role in contemporary society. It then examines the jury selection process from summoning and qualification procedures through voir dire. After a brief examination of jury behavior and decision-making based on contemporary social science, the course focuses on contemporary issues concerning the American jury in civil and criminal litigation. Specific topics include juror comprehension of expert testimony, civil jury verdicts and awards including punitive awards, racial and ethnic bias in criminal verdicts, and the effects of death qualification procedures in capital juries. Grades are based on a combination of homework assignments, short essays, a group project and class participation. Close Window

An examination of the federal judicial system encompassing such topics as allocation of federal judicial power; original jurisdiction of the Supreme Court; the Eleventh Amendment; suits in federal court against state officials; restrictions on federal adjudication of state-created rights; federal question jurisdiction and federal common law. Close Window

This is an advanced criminal law course that will cover procedural, substantive and practice issues related to "white-collar" criminal law. The class will cover the principal federal "white-collar" statutes, e.g., mail and wire fraud, conspiracy, securities law and insider trading, false statements, obstruction of justice, money laundering and public corruption. Corporate criminal liability and business crimes will be a course focus. The course will also cover practice related issues such as attorney-client privilege; "internal" investigations; grand jury practice, document production, immunity, plea bargaining, and co-operation agreements with the Department of Justice. The class will conclude with a take home examination. Prerequisite: Criminal Law. Recommended: Evidence. Close Window

This course examines the emergence of international criminal law during the last century and assesses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court. The court traces the substantive development of international criminal law through an examination of the core international crimes over which these bodies have jurisdiction: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems in an effort to meet the challenges of prosecuting large-scale crimes that can span many years, many miles, and feature many thousands of victims. Finally, the course will examine the political context in which the prosecution of international crimes takes place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes. Completion of Public International Law is desirable though not compulsory. Close Window

This seminar examines the roles and responsibilities of both prosecutors and law-enforcement officers in the United States. Specifically, this course will identify and critique various models of policing in the United States and how and whether these models are consistent with contemporary notions of public safety. This course will explore the discretion police officers enjoy and the rules that govern police interactions with individuals and communities they serve. The course will identify and critique various legal mechanisms and policy solutions that are currently used or proposed to hold police officers accountable for their conduct, evaluate the effectiveness of these solutions, and contemplate new proposals. This course will also explore the unique role of the prosecutor in the U.S. and what it means to do justice. Similar to law enforcement officers, prosecutors enjoy vast discretion, and this course will explore the advantages and disadvantages of that discretion. The course will explore prosecutors’ role in wrongful convictions in the U.S. and ways to minimize errors in the criminal justice system. In addition to caselaw, policy documents, and legislative materials, the class will focus on historical and contemporary case studies. Close Window

This six session "short course" will explore the numerous difficult legal issues involved with the police interrogation of suspects. The focus here will be on the way the constitutional mandate [especially as seen in the seminal U.S. Supreme Court holding in Miranda v. Arizona] works in actual practice. We will consider the Court’s key decisions, the warnings process, and questions decisions, the warnings process, and questions involving citizens in general and certain groups in particular [e.g., juveniles, racial minorities, inmates]. Class will meet in one two-hour session each week for six weeks. The assigned text will be a compilation of materials prepared by the professor distributed at no cost to students enrolled in the class. The grade for this class will be pass/fail. A pass grade will be based on class participation, attendance [attendance at 5 of 6 sessions required] and a 3-4 page essay due the last day of class critiquing an article discussing the Miranda decision. Close Window

The course will focus on litigation under 42 U.S.C. § 1983—the statute most commonly used to protect Americans’ constitutional rights. Topics covered will include the history of the statute, the categories of defendants who can be sued under the statute, theories of liability, available remedies, defenses to suits, immunity from suit, and awards of attorneys’ fees. The course will also cover the relationship between substantive rights and the litigation tools provided by the Federal Rules of Civil Procedure. The course will explore the major Supreme Court cases that define the principles of § 1983, and the class will discuss how the principles apply to actual cases that have arisen and been litigated in Virginia. Students will be graded based on a paper (approximately eight to ten pages) based on facts provided to the students, and classroom participation. Close Window

This seminar will consider various topics regarding criminal justice. The nature of the topics will vary from term to term; review Banner for term specific description. Close Window

This course will explore issues relating to two groups of juveniles: cases involving children relating to support, custody and child protection and those involving allegations of delinquency. The course will cover broader national approaches, but with a specific focus on Virginia law. Knowledge gained from this course will assist students as future lawyers and policy makers to better shape the juvenile court system. The course will be graded. Close Window

This course will explore the law that governs sentencing criminal defendants, with particular emphasis on the Federal Sentencing Guidelines. Students will analyze federal statutes, caselaw, and the complex federal sentencing guidelines that guide judges in determining the appropriate sentence for persons convicted of federal crimes – including length of incarceration, non- incarceration alternatives, and compensation due to crime victims. The course will also briefly the sentencing law and guidelines that govern state cases in Virginia. In addition to scheduled class sessions, there will be one mandatory class session at the federal courthouse in Newport News for students to observe an actual federal sentencing. The date for the class session at the federal courthouse will be announced after the drop/add period. This course will be graded on a pass/fail basis. Close Window

This seminar examines topical issues of criminal law. Our examination will include reading, discussing, and analyzing various theoretical approaches to the issues and reforms that may have been made. Our discussions will include applying and evaluating the theoretical literature to actual case law and doctrine. The nature of the topics will vary from term to term; please review Banner for term specific description. Close Window

Eligible placements include state or local government agencies and offices, such as city/county attorneys, attorneys general, and state legislators. This type of externship covers all William & Mary offices. Placements with prosecutors and public defenders are covered by their respective externships. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

The seminar examines the manner in which law and state power are used (or misused) in tackling the problems of development in Africa (economic as well as political). The insights gained and the methodology developed in the seminar will be useful in determining the appropriateness of state power in the context of other developing countries as well. Satisfies the Writing Requirement. Close Window

An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skills as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. Students who take Trial Advocacy-Basic Advanced Litigation may not take any other Trial Advocacy section (Tech Trial Ad or National Trial Team Trial Ad or Medical Malpractice Trial Ad) for credit. Pre-requisite: satisfactory completion of Evidence, or co-registration in Evidence. This course is open to third year students only, who satisfy the pre-req or co-req. Close Window

Eligible placements include the divisions/sections of the Virginia Attorney General's office. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

A review of the Virginia statutes and Rules of Court governing criminal procedure in Virginia's courts. Covers Va. Code Title 19.2, Rules of the Supreme Court of Virginia affecting criminal and traffic litigation and a large number of cases interpreting the statutes and rules. The course also lightly covers appellate procedure for criminal cases. Some of the topics covered are jurisdiction, venue, pre-trial motions and procedures, competency and insanity issues, trial, sentencing and appeals. It is not a constitutional law course but there is discussion of how state statutes and rules mesh with constitutional requirements. Course is structured for students who wish to do criminal litigation, either as defense counsel or prosecutor in Virginia. This course is open to 2L and 3L students. Either having completed or being enrolled in Criminal Procedure I & II is helpful, but not required. Close Window