1. American society, crime, and the constitution The constitution and crime "We the people" and the war on drugs : politicians and their families, athletes, entertainers Criminal justice : not the end of the story The American system of juvenile justice What is the juvenile justice system? Why a separate system for juveniles? Are juveniles different? : American society's view Are juveniles different? : the court's view A brief history of juvenile justice What happens in juvenile court? Copping a plea Juvenile detention Juvenile delinquency and guilt When a child is treated as an adult : waiver to adult court Judicial review of waiver to adult court 2. What is crime? Constitutional limits on government's power to make crimes The principle of notice The principle of harm The structure of criminal laws Theft offenses Offenses against property Offenses against the person Inchoate crimes Defenses 3. Fourth Amendment : protection from unreasonable searches and seizures The right to be left alone The exclusionary rule Reasonable expectation of privacy Fourth Amendment search Constitutional garbage Constitutional baggage Other expectations of privacy Plane view Copped out Non-company business City heat Expectation of privacy or not? : search or not? What is a seizure? Bad bust stop The free to leave standard Seizure and consent Consent to search Seizures on the street Probable cause and the warrant requirement Probable cause Totality of circumstances test The warrant requirement
4. Exceptions swallow the rule : warrantless searches Exception 1 : hot pursuit Exception 2 : plain view Exception 3 : search incident to an arrest Exception 4 : automobile exception Automobile exception in practice The problem with pretext Exception 5 : consensual searches Exception 6 : reasonable suspicion Refining the definition of reasonable suspicion A reasonable search Realities of reasonable suspicion Exclusionary rule review 5. School searches Search of belongings Standard for searches T.L.O. review Drug testing and after-school activities Drug testing for all students? Strip searches Locker searches Suppression hearing Commonwealth of Pennsylvania v. Cass Locker-sniffing dogs Metal detectors and constitution 6. Fifth Amendment : privilege against self-incrimination The screaming eagle Not taking the stand The purposes and values served by the Fifth Amendment Protections against self-incrimination The Miranda case Juveniles and the Miranda warnings The Michael C. case : juvenile waiver The Haley case What is custody? Exercises : custody or not? Answers : custody or not? Pull over, Jack What is interrogation? Exercises : interrogation or not? Answers : interrogation or not? The dangers of false confession
7. Sixth Amendment : right to counsel
The right to legal counsel
Initial meeting : establishment of an attorney-client relationship
Continuing representation : protection of rights
Pretrial duties : investigation and advice
Powell v. State of Alabama
Right to counsel for juveniles
Juvenile waiver of right to counsel
Right to effective counsel
Reality of ineffective counsel
8. Cruel and unusual punishment
The death penalty and juveniles
The Supreme Court and the juvenile death penalty
Execution of people with mental retardation
9. The future of youth justice
The goals of criminal punishment
Record prison populations
Movement toward decarceration
The racial dynamics of the criminal justice system
Felon and ex-felon disenfranchisement
Life in prison without parole
Appendix A. The case of Trevon Jones
Appendix B. Constitution of the United States
Appendix E. Marshall-Brennan Fellows 1999-2005.
