POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/30, we started with the Holland case, looking at the Florida Supreme Court's power to declare common law crimes, and its decision not to create the crime of misprision of a felony. We then looked at the Maine statute regarding common law crimes, and the circumstances under which the state requires reporting. We looked at the mandated reported of child abuse and neglect, and the lack of any consequences for failure to do so. I also went over the federal misprision of felony statute, 18 USC §4. We then turned to the Glassford case. We looked at the various provisions of the contract, and which ones the Court found unconscionable. On Friday we will finish the case brief for Glassford, and then I'll talk about cases discussing both arbitration clauses and exculpatory clauses. The assignment for Friday April 1 is to finish Chapter II of the text (Caperton).
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/30, I began by going over the current Supreme Court case of Utah v. Strieff. We went over the concepts of flagrant police misconduct, the purpose of the police (mis)conduct, and the role of deterrence. We discussed the Utah Supreme Court way of looking at the case (inevitable discovery instead of attenuation) and how there was no party defending that view at the U.S. Supreme Court oral argument. We talked about the positions staked out by the Court's exclusionists, versus the admissibles. And we talked about how Ferguson, Missouri loomed over the question of outstanding arrest warrants. We then left the 4th Amendment behind, and moved the 5th and the 6th. We examined the text of those amendments, read literally. Then we went over the facts of Escobedo. We will pick up on Friday with the decision by the Supreme Court in Escobedo, both majority and dissent. The assignment for Friday April 1 is to read in the text through p. 530 (Miranda).
Wednesday, March 30, 2016
Monday, March 28, 2016
March 28, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 3/28, I distributed one handout, Maine statutes regarding hindering apprehension, common law crimes, and various mandatory reporting requirements. We went over the Mobbley case, and compared it to Maine law. Along the way, we discussed dictum in a case. We talked about the responsibility to report crime, and looked at the Massachusetts statute that criminalized certain failures to report. We will pick up with the Holland case on Wednesday. The assignment for Wednesday 3/30 is to review Holland (previously assigned), read today's handout, and read in the text through p. 77 (Glassford).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 3/28, we first finished our discussion of Herring, where there was both police misconduct and the misconduct caused the discovery of the evidence. We looked at the majority decision, as well as both dissents. We then discussed the Davis case, in which there was also police misconduct that caused the discovery of the evidence. We looked at the majority, concurrence, and dissenting opinions. On Wednesday I'll talk about an exclusion case currently before the Supreme Court. Utah v. Strieff. The assignment for Wednesday 3/30 is to read in the text through p. 522 (Escobedo).
In class today, Monday 3/28, I distributed one handout, Maine statutes regarding hindering apprehension, common law crimes, and various mandatory reporting requirements. We went over the Mobbley case, and compared it to Maine law. Along the way, we discussed dictum in a case. We talked about the responsibility to report crime, and looked at the Massachusetts statute that criminalized certain failures to report. We will pick up with the Holland case on Wednesday. The assignment for Wednesday 3/30 is to review Holland (previously assigned), read today's handout, and read in the text through p. 77 (Glassford).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 3/28, we first finished our discussion of Herring, where there was both police misconduct and the misconduct caused the discovery of the evidence. We looked at the majority decision, as well as both dissents. We then discussed the Davis case, in which there was also police misconduct that caused the discovery of the evidence. We looked at the majority, concurrence, and dissenting opinions. On Wednesday I'll talk about an exclusion case currently before the Supreme Court. Utah v. Strieff. The assignment for Wednesday 3/30 is to read in the text through p. 522 (Escobedo).
Friday, March 25, 2016
March 25, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 3/25, I distributed one handout, a list of Supreme Court opinions about capital punishment. We finished our discussion of Gregg v. Georgia, going over the Stewart, Brennan, and Marshall opinions. We then went through the handout of capital punishment cases, grouping those cases into categories such as procedures to be used, judge/jury division of responsibility, categories of defendant, categories of crimes, and methods of execution. The assignment for Monday 3/28 is to read and prepare to discuss through p.67 in the text (Mobbley and Holland).
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 3/25, I distributed one handout, the 2011 Supreme Court case of Davis v. U.S. We reviewed how the Supreme Court "strangled" (in Brennan's words) the exclusionary rule in Leon, but how that strangulation still had a lot of variations to play out. We went through Hudson, which had the situation of police misconduct (as opposed to magistrate's mistake in Leon). We began our discussion of Herring, which had both police misconduct and causation), and we'll finish up Herring on Monday. Along the way, we also discussed the four mental states of intent, knowledge, recklessness, and carelessness. The assignment for Monday 3/28 is to review Herring, and to read and prepare to discuss the Davis handout. If you weren't in class, you can find Davis here
https://scholar.google.com/scholar_case?q=davis+v.+U.S.+2011&hl=en&as_sdt=4,60&case=2510124668192463279&scilh=0
or you can email me and I'll send you the edited version that I gave the class today.
In class today, Friday 3/25, I distributed one handout, a list of Supreme Court opinions about capital punishment. We finished our discussion of Gregg v. Georgia, going over the Stewart, Brennan, and Marshall opinions. We then went through the handout of capital punishment cases, grouping those cases into categories such as procedures to be used, judge/jury division of responsibility, categories of defendant, categories of crimes, and methods of execution. The assignment for Monday 3/28 is to read and prepare to discuss through p.67 in the text (Mobbley and Holland).
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 3/25, I distributed one handout, the 2011 Supreme Court case of Davis v. U.S. We reviewed how the Supreme Court "strangled" (in Brennan's words) the exclusionary rule in Leon, but how that strangulation still had a lot of variations to play out. We went through Hudson, which had the situation of police misconduct (as opposed to magistrate's mistake in Leon). We began our discussion of Herring, which had both police misconduct and causation), and we'll finish up Herring on Monday. Along the way, we also discussed the four mental states of intent, knowledge, recklessness, and carelessness. The assignment for Monday 3/28 is to review Herring, and to read and prepare to discuss the Davis handout. If you weren't in class, you can find Davis here
https://scholar.google.com/scholar_case?q=davis+v.+U.S.+2011&hl=en&as_sdt=4,60&case=2510124668192463279&scilh=0
or you can email me and I'll send you the edited version that I gave the class today.
Wednesday, March 23, 2016
March 23, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/23, I distributed two handouts: an article about Furman, the 1972 death penalty case, and an article about a 2015 death penalty case. We first talked a little more about Suggs v.Norris, and whether sexual services could play any part in the consideration given and received. I then went over a Maine case, Paffhausen v. Balano, that distinguished contracts that could be inferred (quantum meruit) versus non-contract cases (unjust enrichment), both in terms of what needed to be proven, and what the measure of damages should be. We then went on to Chapter II of the text, and ethics. I talked about two current Supreme Court cases, Whole Women's Health v. Hellerstedt (the Texas abortion case) and Zubik v. Burwell (today's oral argument about contraceptive coverage under Obamacare). We talked about the two handouts, and then began our discussion of Gregg v. Georgia. We talked about Stewart's first two categories of 8th Amendment interpretation (history, and society) and started the third category (the Supreme Court independently decides). That's where we'll pick up on Friday. The assignment for Friday 3/25 is read today's two handouts, and to review Gregg v. Georgia.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/23, we first went over the political winds that blew between the time of Mapp and the time of Leon. We then went through Leon, comparing the clash at each point between White and Brennan. We looked at the nature of the exclusionary rule, the suitability of applying a cost/benefit analysis, and the application of that analysis. We looked at whether Leon was limited to deliberate police misconduct. I left the class with the question of what other circumstances (in addition to the bad warrant in Leon) might allow the admissibility of unconstitutionally seized evidence. The assignment for Friday 3/25 is to read in the text and prepare to discuss pp. 509-517 (Hudson and Herring).
In class today, Wednesday 3/23, I distributed two handouts: an article about Furman, the 1972 death penalty case, and an article about a 2015 death penalty case. We first talked a little more about Suggs v.Norris, and whether sexual services could play any part in the consideration given and received. I then went over a Maine case, Paffhausen v. Balano, that distinguished contracts that could be inferred (quantum meruit) versus non-contract cases (unjust enrichment), both in terms of what needed to be proven, and what the measure of damages should be. We then went on to Chapter II of the text, and ethics. I talked about two current Supreme Court cases, Whole Women's Health v. Hellerstedt (the Texas abortion case) and Zubik v. Burwell (today's oral argument about contraceptive coverage under Obamacare). We talked about the two handouts, and then began our discussion of Gregg v. Georgia. We talked about Stewart's first two categories of 8th Amendment interpretation (history, and society) and started the third category (the Supreme Court independently decides). That's where we'll pick up on Friday. The assignment for Friday 3/25 is read today's two handouts, and to review Gregg v. Georgia.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/23, we first went over the political winds that blew between the time of Mapp and the time of Leon. We then went through Leon, comparing the clash at each point between White and Brennan. We looked at the nature of the exclusionary rule, the suitability of applying a cost/benefit analysis, and the application of that analysis. We looked at whether Leon was limited to deliberate police misconduct. I left the class with the question of what other circumstances (in addition to the bad warrant in Leon) might allow the admissibility of unconstitutionally seized evidence. The assignment for Friday 3/25 is to read in the text and prepare to discuss pp. 509-517 (Hudson and Herring).
Monday, March 21, 2016
March 21, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 3/21, we first went over the Maine statute regarding use of force in defense of premises, and examined what might happen to the Brineys if they had been criminally prosecuted in Maine. We then went through Suggs v. Norris, including both the questions of law and the questions of fact decided by the North Carolina court. On Wednesday I will start with a Maine case regarding implied contracts. The assignment for Wednesday 3/23 is to read in the text and prepare to discuss pp. 52-58 (Gregg v. Georgia).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 3/21, we went over Weeks, Wolf, and Mapp v. Ohio. We discussed incorporation, the exclusionary rule, and the exact holding of Mapp. We also discussed the costs and benefits of the exclusionary rule. The assignment for Wednesday 3/23 is to read in the text pp. 504-509 (US v. Leon).
In class today, Monday 3/21, we first went over the Maine statute regarding use of force in defense of premises, and examined what might happen to the Brineys if they had been criminally prosecuted in Maine. We then went through Suggs v. Norris, including both the questions of law and the questions of fact decided by the North Carolina court. On Wednesday I will start with a Maine case regarding implied contracts. The assignment for Wednesday 3/23 is to read in the text and prepare to discuss pp. 52-58 (Gregg v. Georgia).
POS 484 CRIMINAL DUE PROCESS
In class today, Monday 3/21, we went over Weeks, Wolf, and Mapp v. Ohio. We discussed incorporation, the exclusionary rule, and the exact holding of Mapp. We also discussed the costs and benefits of the exclusionary rule. The assignment for Wednesday 3/23 is to read in the text pp. 504-509 (US v. Leon).
Friday, March 4, 2016
March 4, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 3/4, I handed back Exam #1, and we went over it. We then looked at the Maine criminal statute regarding the use of force (previously handed out). We looked at the definitions of "deadly" and "non-deadly" force. We looked at §105, the use of non-deadly force to prevent someone from taking your stuff (or recovering it immediately after it's taken). We will pick up after Spring break with the rest of the statute. The assignment for Monday 3/21 is to review the use of force handout, and to read in the text through the end of Chapter 1 (Suggs v. Norris). I hope that you have a good Spring Break.
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 3/4, I handed back Exam #1, and we went over it. We began our discussion of Mapp v. Ohio, just going over the ways in which rights of the criminally accused (and all others) might be enforced. We will pick up after Spring Break with the questions of incorporation and of the exclusionary rule. The assignment for Monday 3/21 is to review Mapp v. Ohio (previously assigned). I hope that you have a good Spring Break.
In class today, Friday 3/4, I handed back Exam #1, and we went over it. We then looked at the Maine criminal statute regarding the use of force (previously handed out). We looked at the definitions of "deadly" and "non-deadly" force. We looked at §105, the use of non-deadly force to prevent someone from taking your stuff (or recovering it immediately after it's taken). We will pick up after Spring break with the rest of the statute. The assignment for Monday 3/21 is to review the use of force handout, and to read in the text through the end of Chapter 1 (Suggs v. Norris). I hope that you have a good Spring Break.
POS 484 CRIMINAL DUE PROCESS
In class today, Friday 3/4, I handed back Exam #1, and we went over it. We began our discussion of Mapp v. Ohio, just going over the ways in which rights of the criminally accused (and all others) might be enforced. We will pick up after Spring Break with the questions of incorporation and of the exclusionary rule. The assignment for Monday 3/21 is to review Mapp v. Ohio (previously assigned). I hope that you have a good Spring Break.
Wednesday, March 2, 2016
March 2, 2016
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 3/2 the class took Exam #1. I plan to hand the exams back and go over them on Friday. We will also finish our discussion of Katko v. Briney, and go over the Maine statute (previously handed out) regarding use of force.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/2 the class took Exam #1. I plan to hand the exams back and go over them on Friday. Your assignment for Friday 3/4 is to read in the text Mapp v. Ohio, through p. 504
In class today, Wednesday 3/2 the class took Exam #1. I plan to hand the exams back and go over them on Friday. We will also finish our discussion of Katko v. Briney, and go over the Maine statute (previously handed out) regarding use of force.
POS 484 CRIMINAL DUE PROCESS
In class today, Wednesday 3/2 the class took Exam #1. I plan to hand the exams back and go over them on Friday. Your assignment for Friday 3/4 is to read in the text Mapp v. Ohio, through p. 504
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