CRIMINAL LAW
(What you can and
cannot do) |
CRIMINAL PROCEDURE
(What law enforcement
can and cannot do) |
CONSTITUTIONAL LAW
(What the government
can and cannot do) |
CRIME AND PUNISHMENT
|
INTRODUCTION |
INTRODUCTION |
| “What is Crime?” |
“So What?” – What Criminal Procedure is For |
Social Crises – The Stuff of Constitutional Law |
| “Take That!” – Punishment |
“Meet the Players” – Police, Prosecutors, Defense Counsel, and Judges |
What IS a Constitution? |
| “For the Love of God, Why?” – Rehabilitation |
“POLICE vs. PRIVACY”
FOURTH AMENDMENT
SEARCH AND SEIZURE |
The U.S. Constitution |
| “Don’t Do That Again!” – Deterrence |
The Fourth Amendment |
“WHAT WERE THEY THINKING?”
WHY THE CONSTITUTION
SAYS WHAT IT SAYS |
| “The Three ‘R’s” – Removal, Retribution, and Retaliation |
The Exclusionary Rule |
Why a Constitution? |
CULPABILITY |
Search Warrants and Standing |
Popular Sovereignty |
| “I Didn’t Mean To!” – Culpability: Mens Rea |
Wiretaps |
Coming to Philadelphia |
| “Axes of Evil” – Responsibility and Depravity |
Stop, Frisk, and Arrest |
Debates and Deliberation – Inventing the Amendment Process |
| “What Have You DONE?” – Actus Reus and Causation |
Traffic Stops and Car Searches;
Consent Searches; and
Dog Sniffs |
The Devil Is in the Details |
| “Interlude 1” – The Jury |
Emergency Exceptions: Hot Pursuit, Plain View, Deadly Force, Abandonment, Destruction of Evidence, Rescue, Public Safety, Exigent Circumstances |
Decisions, Decisions |
| “At Least You Tried” – Attempt |
Fourth Amendment Flowchart |
The Brink of Disaster – Slavery, the South, and the Three-Fifths Clause |
| “We’ll All Go Down Together” – Solicitation, Accomplice Liability, and Conspiracy |
“CONVICT YOURSELF”
FIFTH AMENDMENT
SELF-INCRIMINATION |
Writing The Final Draft |
| DEFENSES |
Core Principles of
Self-Incrimination |
Failure on the Final Day? |
| “Excuse Me!” – Mistake, Justification, Intoxication, and Insanity |
History of Self-Incrimination Law:
English Common Law to
Star Chamber and Magna Carta |
How Should We Interpret the Constitution? |
| “I Was Entrapped!” – Entrapment |
History of Self-Incrimination Law: From Inquisition and Religious Persecution to the Rights of Englishmen |
“A HISTORY OF GOVERNMENT
IN SIX REVOLUTIONS”
FROM THE PALEOLITHIC
TO PHILADELPHIA
The Origins of the American Mind |
| “I Had No Choice!” – Necessity |
History of Self-Incrimination Law: Colonial America to the Fifth Amendment |
Enlightenment Ideas |
| “Do or Die!” – Duress |
History of Self-Incrimination Law: Police Brutality |
The Cognitive Revolution –
Our Actual State of Nature |
| “It Was Him or Me” – Self-Defense |
History of Self-Incrimination Law: 1930s, 1940s, and 1950s Due Process and the Polygraph |
The Cognitive Revolution –
Bands |
| INJUSTICE |
History of Self-Incrimination Law: Inbau-Reid Interrogation – How to Get an Innocent Person to Confess |
The Cognitive Revolution – Social Regulation the Natural Way |
| “Guilt Without Fault” (part A) – Overcriminalization, Strict Liability, Bad Acts vs. Merely Prohibited Acts, Overbroad Crimes, and Other Injustices |
History of Self-Incrimination Law: The Miranda Rule |
The Junk Food Revolution –
Family, Tribe, and Clan |
| “Guilt Without Fault” (part B) – How Civilization Causes Overcriminalization |
Taking the Fifth – Compelled Testimony, Contempt, Immunity, Waiver |
The Junk Food Revolution –
Piety, Prayer, and Patriarchy |
| “Guilt Without Fault” (Part C) – The Evolution of Criminal Law from Olde England to the United States |
Miranda – Introduction |
The Junk Food Revolution –
Tribal Government and Justice |
| “Guilt Without Fault” (Part D) – The Invention of Strict Liability |
Miranda – Custody |
The Junk Food Revolution – The Perils of Population |
| “Guilt Without Fault” (Part E) – Statutory Rape, Drunk Driving, and Regulatory Offenses |
Miranda – Voluntariness |
The Institution Revolution –
Ritual and Sacrifice |
| “Guilt Without Fault” (Part F) – Conclusion |
Miranda – “Stop” vs. “Custody” |
The Institution Revolution – Inventing Gods and Religion |
| EXAMPLES |
Miranda – Interrogation |
The Institution Revolution – Inventing the State and the Law |
| “Putting It All Together” – Theft |
Miranda – Public Safety Exception |
The Institution Revolution – The End of Equality |
| “Putting It All Together” – Assault |
MIranda – Penalty When Police Didn’t Mirandize |
The Institution Revolution – The Trouble with Territory |
| “Putting It All Together” – Hate Crimes |
Miranda – “Anything You Say” |
The Institution Revolution – Let There Be Law |
| “Putting It All Together” – Rape |
Miranda – Fixing a Miranda Mistake |
|
| “Putting It All Together” – Murder |
Miranda – Waiver |
|
| “Putting It All Together” – Felony Murder |
Miranda – Properly Invoking One’s Rights |
|
| “Putting It All Together” – Terrorism |
Fifth Amendment Flowchart |
|
| CONCLUSION |
“IT WAS YOU”
EYEWITNESS IDENTIFICATION |
|
| Final Page |
Introduction to Eyewitness Identification |
|
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It’s All About Memory |
|
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Memory Mistakes |
|
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Facial Recognition |
|
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Identification Procedures:
Lineups and Photo Arrays |
|
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Identification Procedures:
Showups and Sketches |
|
|
Identification Procedures:
Best Practices |
|
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The Law: Pre-Trial Identifications |
|
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The Law: In-Court Identifications |
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Eyewitness I.D. Flowchart
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CONCLUSION
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Final Pages |
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