Class Outline
Part 1: Introduction—The American Way of Justice
§ The criminal process in the United States
§ Goals of criminal procedure
§ Criminal justice as a “system”
§ The “war on drugs”
§ Excessive punishment
Part 2: The Fourth Amendment
§ The threshold of the Fourth Amendment
§ Searches and seizures
§ The warrant and probable cause requirements
§ Exceptions to warrant and/or probable cause requirements
§ Regulating technological policing
§ Pretextual and predatory policing
Part 3: The Fifth and Sixth Amendments
§ Interrogation and entrapment
§ Miranda rights
§ Miranda’s hidden rights
§ “Custody,” “interrogation,” “self–incriminating,” “testimonial”
§ Invocation and waiver
Part 4: Professional Ethics I
§ History and overview of the regulation of the legal profession
§ The role of the prosecutor
§ The charging decision and the grand jury
§ The defense counsel’s duty to provide zealous advocacy
Part 5: Professional Ethics II
§ Discovery and Brady
§ Punishment without trial: guilty pleas and plea bargaining
§ Prosecutorial misconduct and wrongful convictions
Part 6: The Path Forward—Lessons for Taiwan
§ Police reform
§ Prosecutorial reform
§ Bail reform
§ Juvenile justice reform
§ Prison reform
§ Re-entry reform
§ Evidence-based criminal justice reform
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