週次 |
日期 |
單元主題 |
第1週 |
09/16 |
Introduction to course |
第2週 |
09/23 |
Overview of constitutional governance in America:
1. Separation of powers (the division of powers among three branches of government, legislative, executive, and judicial)
2. Judicial review |
第3週 |
09/30 |
Overview of constitutional governance in America (cont'd):
Federalism (the allocation and sharing of powers between the states on the one hand and the federal government on the other) & constitutional underpinning necessary for federal criminal statutes |
第4週 |
10/07 |
Overview of constitutional governance of America (cont'd): 1. The Supremacy Clause (Constitution, federal statutes, and treaties) 2. Structure of the court system |
第5週 |
10/14 |
Classification of offenses & Crime specific elements and intent requirements |
第6週 |
10/21 |
Criminal responsibility (accessories, aiding and abetting, conspiring) |
第7週 |
10/28 |
Constitutionally protected rights and their application in criminal proceedings: 1. Bill of Rights 2. Due Process Clause of the 14th Amendment |
第8週 |
11/04 |
Constitutionally protected rights and their application in criminal proceedings (cont'd) |
第9週 |
11/11 |
Constitutionally protected rights and their application in criminal proceedings (cont'd) |
第10週 |
11/18 |
The anatomy of a federal criminal case: an overview |
第11週 |
11/25 |
The anatomy of a federal criminal case (cont'd): The Investigation and the charging decision |
第12週 |
12/02 |
The anatomy of a federal criminal case (cont'd): 1. Dynamics of bringing the accused before the court and the transition to open proceedings 2. The role and timing of plea negotiations and bargains and the considerations that drive them, including the direct and collateral consequences of conviction 3. Pretrial motions, the joinder of defendants and offenses, preparation, discovery and defendants' constitutional right to exculpatory evidence |
第13週 |
12/09 |
The anatomy of a federal criminal case (cont'd) (the dynamics of trials): 1. Application of rules of evidence 2. Application of privileges at trial: fifth amendment, attorney-client, and marital 3. The presumption of innocence and the government's burden of proof |
第14週 |
12/16 |
The anatomy of a federal criminal case (procedures and tactical perspective) (former or current prosecutor guest lecturer): 1. Court trials 2. Jury trials 3. Non-capital sentencing |
第15週 |
12/23 |
The anatomy of a federal criminal case (post-sentencing review): 1. Role of appellate courts and appellate advocacy 2. Collateral review (attacks on conviction no longer subject to direct review) |
第16週 |
12/30 |
Panel discussion on the death penalty in America and Taiwan (death penalty litigation experienced guest panelists) |
第17週 |
01/06 |
Retrospective |
第18週 |
01/13 |
Exam |