美國刑事訴訟法

This course is an introduction to U.S. criminal procedures. As the subject is rather broad, the course will focus on some of the most prominent issues. Students will be assigned reading materials each week, which will consist of articles, papers, and cases. Students should expect to gain a solid understanding of the fundamentals of U.S. criminal procedures, which will allow those interested in the subject to conduct further studies or research. This course will cover these major topics: 1) Steps in a U.S. criminal case 2) The right to counsel (a) Sixth Amendment right to counsel (b) Fifth Amendment right to counsel 3) Brady and the right to discovery 4) Search and seizure (a) The warrant requirement (b) Terry and reasonable suspicion (c) Exigent circumstances (d) Search incident to arrest (e) Automobile exception (f) Technology in search and seizure and the “REP” Learning goals: 1) Learn the fundamentals of U.S. criminal procedures; 2) Learn how various legal proceedings are conducted in the U.S. via simplified simulations; and Expected outcome: 1) All students should complete the course and feel comfortable with the big, fundamental topics in U.S. criminal procedures; 2) Students uninterested in the subject should expect to complete this course with a higher comfort level reading and discussing U.S. legal cases; and 3) Students interested in the subject should complete this course with the confidence to conduct further studies or research into the field.

Prior knowledge: Students do not need prior knowledge of U.S. criminal law. Ideally, students should have at least some prior exposure to U.S. case briefing and analysis, but such exposure is not strictly required. English: This course will be taught entirely in English, and all reading materials will be in English. As such, students are expected to have good English reading and writing abilities. Students should also have at least a willingness to speak English in class when called upon. Student Background: This course is for students who are interested in U.S. criminal procedures and related constitutional safeguards. Students will be introduced to the nuanced rules of U.S. criminal litigation, so some prior experience in other fields of law may be helpful. Students interested in criminal law but otherwise lacks legal experience are welcomed to take the course, but should be warned that the first few classes will be challenging without prior exposure to law. The class will involve some oral discussions and simulations in English; students will be graded on their willingness to participate, not their proficiency in spoken English. *本課程優先保留給科法碩專班同學,外系同學如果有特殊理由想選修本課程,請與金孟華老師聯繫mhchin@nycu.edu.tw **本課程實體授課地點為台北北門校區(2/24, 5/18, 5/25除外),新竹教室(MB1063)遠距,授課老師重視課堂互動,科法所碩專博學生須實體到台北上課至少5次(期中期末考不算入次數),此要求為評量之基礎,請同學們斟酌選課。 ***本課程為英文授課,但英文能力不是評量重點,上課時學生得使用中文發問,必要時老師會以中文說明。 *This course is prioritized for students in the law school. If students from other departments have special reasons to take this course, please contact Professor Mong-Hwa Chin at mhchin@nycu.edu.tw. **The physical location for this course is at the Taipei Beimen Campus (except for 2/24, 5/18, 5/25), a remote classroom will be in Hsinchu (MB1063). The instructor values class interaction, and students from the law school are required to attend in person at least 5 times (excluding mid-term and final exams from the count). This requirement is included in the assessment, so students are advised to consider this when selecting the course. ***This course is conducted in English, but English proficiency is not the primary focus of evaluation. Students are allowed to ask questions in Chinese during class, and the instructor will provide explanations in Chinese when necessary.

Course related information and announcements will be distributed at appropriate times. Makeup classes, if any, will be announced via appropriate platforms.

1) Class participation (10%): Students will be called upon to discuss reading materials during class. Students are graded on preparedness, not English proficiency. 2) Midterm exam (30%): The duration is 2 hours. The exam will be part multiple choice, and part short essays. 3) Final Exam (50%): Students will be given the choice of an in-class exam or take-home paper. The in-class exam will be 3 hours, and will be part multiple choice, part short essay. The take-home paper will ask students to provide their legal analysis on a hypothetical case. 4) Simulation (10%): Students will be graded based on their performance during the end-of-semester simulation. 5) “Push Points” (5%): Push points given to students who actively participate in simulations, or make efforts to correct any mistakes made on their midterm exams. How the test is related to the expected outcome: The test will be focused on the reading materials and how they apply to hypothetical fact patterns. Students are graded on how critically they think, and how effectively they apply the concepts; outstanding writing abilities are commended, but not necessary to achieve high marks.

All reading materials will be prepared by the instructor. Students are not expected to purchase any reading materials.

地點

classroom

時間

Before/after class

聯絡方式

mhchin@nycu.edu.tw