(2 cr.) This course examines the legal and pragmatic place of habeas corpus and other post-conviction remedies in our criminal justice system, including cases of wrongful conviction and innocence. Topics include the function of habeas in relationship to the other stages of a criminal case, with emphasis on actual innocence and the death penalty, and the role of DNA and other forensic science tools. This course also explores the duties of the prosecution, involuntary confessions, racial discrimination and ineffective assistance of counsel. Students receive an introduction to the contrasting procedural rules governing habeas corpus in state and federal court, and a comparison of habeas corpus versus other remedies (including non-adversarial remedies) for addressing wrongful convictions and claims of innocence. Prerequisite: Criminal Procedure Adjudicative or Investigative (2 or 3 credits) Prerequisite: LAWS 431 or LAWS 432..


Law Spring 2020

Section 01