SYLLABUS
Political Science 359-090
Constitutional Rights of the Accused
Fall 2007
Room Maybank 111
Tuesday & Thursday 8:00-9:15
Phone 579-1440
e-mail rcarr@Charlestonlaw.org
Judge Robert Carr
Hollings Judicial Center
Office Hours: 2:30-3:30
M & W & by appointment
Course Description: This course focuses on the historical origins and development of the
interpretation of the basic constitutional rights and freedoms of the individual relative to the
police powers of the government, in particular individuals accused or suspected of crimes,
and how the court has applied the resulting legal precedents to subsequent disputes. The
subject, however, is further animated by consideration of political factors both internal and
external to the court=s decision to combine the lessons of the legal models with the
influences of the political process. Emphasis is on the evolution and application of the
relevant portions of the Bill of Rights.
Texts: Banaszak, Fair Trial rights of the Accused, and assigned cases.
Requirements:
1. Attendance is mandatory.
2. Briefs: In Order to understand class discussions and participate you must brief the
cases.
For
information
on
how
to
brief
a
case
see:
http://www.lawnerds.com/guide/briefing.html
3. Weekly Tests: There will be a test most weeks. It may be essay or multiple choice.
The grades on the tests will make up 20% of your grade
4. Required Paper: An in depth study of the history of a current case before the United
States Supreme Court dealing with Rights of the Accused. The paper should include a
review of the origins of the case in the trial court, appellate decisions, briefs before the
U.S. Supreme Court and any final decision by the Supreme Court. The paper will count
as 30% of your final grade and will be due by October 30. This Paper will be graded
on a curve. In other words the best paper gets an A; the worst gets an F. The
paper must conform to the standards established by the Political Science.See POLS
Citation Guide at http://www.polsci.cofc.edu
5. Exams: A mid-term exam and a final exam will each make-up 25% of the semester
grade. There will be no make-ups without an advance written request and permission
from the instructor prior to the dates posted below.
6. Last four digits of your student ID number will be used to identify all work.
7. Grading Definitions: 97.5 = A+, 97.4 to 93 = A, 92.5 - =A-, 87.5=B+, 87.4 to 83 = B
82- = B-, 77.5+=C+, 77.4 to 73 = C, 72- = C -, 67.5 =D+, 67.4 to 63 = D, 62-=D8. The alternate meeting site for this class is the front of the Hollings Judicial Center,
Broad and Meeting Streets. Class may be moved to the Hollings Judicial Center in order to
meet with guest lecturers or to participate in telephone conferences with guest lecturers.
Maximum advanced notice will be provided.
Course Outline and Reading Assignments:
All assignments, unless otherwise provided for as announced, are required. Students
will be prepared to discuss reading materials as announced.
August 21
Introduction: the Historical basis for Constitutional Rights of the
Accused. (Pg. 1-28)
August 23
Continuation: the Historical basis for Constitutional Rights of the
Accused. (Pg. 28-49)
August 28
19th Century Trial Rights: Barron Case and Habeas Corpus Act (Pg.
49-56)
August 30
Continuation: 19th Century trial Rights - Ex Parte Milligan, and
Fourteenth Amendment (Pg. 56-63) and
Hamdi
http://www.oyez.org/cases/2000-009/2003/2003_03_6696/opinion/
September 4
14th Amendment, Due Process and Trial Rights:
Hurtado, Wilson, (Pg. 63 -68)
September 6
Cont. 14th Amend. Ball, Chicago B&Q.R. Co. (Pg 68-74)
September 11
Cont. 14th Amend. Bram, Twining (pg. 74-82)
September 13
Cont. 14th Amend. Powell & Norris (pg. 82-89)
September 18
Cont. 14th Amend. Brown, Palko (pg. 89-97)
September 20
Cont. 14th Amend. Betts, Adamson (pg. 97-106)
September 25
Cont. 14th Amend.
Silverthorne, http://supreme.justia.com/us/251/385/case.html
Weeks, http://en.wikipedia.org/wiki/Weeks_v._United_States
Carroll, http://supreme.justia.com/us/267/132/case.html
Wolf, http://en.wikipedia.org/wiki/Wolf_v._Colorado
Rochin
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=342&invol=165
September 27
Cole, In re Oliver Butte (Pg. Intro Only 119-124),
Mapp v. Ohio http://www.oyez.org/cases/1960-1969/1960/1960_236/
Hudson v. Michigan
http://www.law.cornell.edu/supct/html/04-1360.ZS.html
October 2
Gideon pg. 122 Overview Due Process Revolution
October 4
Midterm
October 9
Arrest Payton v. New York,
http://supreme.justia.com/us/445/573/case.html
Terry v. Ohio
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0
367_0643_ZO.html
October 11
Search Warrant Requirements,
http://caselaw.lp.findlaw.com/data/constitution/amendment04/02.html
Katz v. U.S. http://en.wikipedia.org/wiki/Katz_v._United_States
October 16
Fall Break
October 18
Search Warrant Exceptions,
Chimel v. California
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=395&pag
e=752
Mendenhall v. U.S.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0446_0544_ZC.html
October 23
Search Warrant Exceptions, Cont.:,
Schneckloth v. Bustamante,
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0412_0218_ZS.html
Coolidge v. New Hamshire
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=403&invol=443
October 25
Miranda (Pg. 149), Dickerson (Pg. 208)
Escobedo (pg. 134), Massiah (126)
October 30
Miranda/Escobedo Overview: (Handouts) Paper Due
November 1
Review of Paper Topics Kyllo v. U.S.
http://www.law.cornell.edu/supct/html/99-8508.ZS.html
November 6
4th Amendment & 5th Amendment Issue Recognition (Handouts)
November 8
RTC U.S.A. v. Henry & Innis
http://supreme.justia.com/us/447/264/case.html
November 13
RTC Cont. Edwards, Strickland (Pg. 196-203) & Argersinger (pg.
184), Gault (pg. 160)
November 15
Trial Rights Pointer (pg. 138), Sheppard (pg. 143)
November 20
Trial Rights Baker, Speedy Trial Act (Pg. 187-196), Duncan
(pg.169), Doggett (pg.203)
November 22
Thanksgiving
November 27
Trial Rights Washington, Bruton (Pg.164-169)
November 29
Review
December 4
Reading Day
December 8
EXAM (Unless Otherwise Announced)
Web Sites for Additional Reading Assignments
Legal Information Institute at Cornell Law School.
http://www.law.cornell.edu
A comprehensive site for students researching legal information and judicial decisions;
provides information on the United States judiciary and the United States Supreme
Court. Users can research individual members of the Supreme Court, read opinions on
nearly 600 historical cases, and find out the schedule for, arguments by, and opinions of
the Court. Users can also find information on state courts, constitutions and statutes,
and link to other sites providing information on the government.
THOMAS: Legislative Information on the Internet.
http://thomas.loc.gov
A site maintained by the Library of Congress that provides in-depthinformation on the
United States Congress. Searching by bill numberor keyword, users can learn about the
legislative process, find theirown state's members of Congress, and access a
comprehensivedatabase on current and past legislation. Users can also search thefull
text of the Congressional Record, a daily record of activity in Congress, and committee
information.
WWW Virtual Library: U.S. Federal Government Agencies Page.
http://www.lib.lsu.edu/gov/fedgov.html Links to the Web sites of most United States
agencies, commissions,and subgroups. Users can visit the Office of the First Lady,
theNational Imagery and Mapping Agency, the Marine Corps, theNational Security
Council, the President's Foreign IntelligenceAdvisory Board, and everything in between.
This site is organized by government hierarchy and can be searched by keyword.
WWW Virtual Library: U.S. Courts http://www.lib.lsu.edu/gov/judicial.html Links to
the Web sites of most United States courts. This site is organized by court hierarchy
and can be searched by keyword.
US Supreme Court Multimedia Database: The Oyez Project of Northwestern
University http://www.oyez.com/ The OYEZ Project contains many hundreds of hours of
audio from the United States Supreme Court. The Project also provides abstracts and
other materials for leading cases in constitutional law decided by the Supreme Court of
the United States. The OYEZ Project aims to include all leading constitutional law
cases.
The Supreme Court http://www.supremecourtus.gov// The official site of the United
states Supreme Court. In addition to information about the court, all of the courts
opinions may be accessed on line.
The American Civil Liberties Union (ACLU) http://www.aclu.org/
How to Brief a Case: http://www.lawnerds.com/guide/briefing.html
Political Science Department Citation Guide: http://www.polsci.cofc.edu