10110168Criminal Law - Legal Studies/Paralegal
Course Information
Description
This course provides an overview of substantive and procedural criminal law, with particular emphasis on the elemental analysis of Wisconsin criminal statutes, the drafting of prosecutorial and defense documents, and the processes by which Constitutional rights of defendants are upheld.
Total Credits
3
Course Competencies
  1. Analyze the role of the burden of proof and presumption of innocence in the American Criminal Justice System
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product demonstrates comprehension of the various elements of burden of proof and presumption of innocence and, when necessary, draws appropriate distinctions between the two
    Work product draws from correct sources of legal authority, including case law/precedent, constitutional law and jury instructions
    Work product properly integrates burden of proof and presumption of innocence with a wide range of criminal law scenarios, including police investigation, arrest, prosecutorial discretion in the charging decision, jury selection and deliberation, defenses arguments and motion practice

  2. Synthesize elements of common criminal offenses from specific mock trial fact patterns based upon real-world scenarios
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product reflects thorough understanding of all potentially relevant substantive criminal law statutes located in the Criminal Code of Wisconsin, as applied to a diverse range of mock trial fact scenarios
    Work product exhibits a full consideration of all potentially applicable governing statutes culminating in a rational decision based upon a logical application of law to facts
    Work product recognizes that material factual inconsistencies are to be resolved in the light most favorable to the defense to ensure the presumption of innocence is upheld and ethical standards are maintained

  3. Understand the basic mission of various agencies and actors within the American Criminal Justice System
    Assessment Strategies
    Team Project and Trial Notebook Projects
    Criteria
    Work product correctly identifies the principal players from each of the three branches of government – legislative, executive and judicial – involved in the criminal justice system and precisely explains the role of each
    Work product acknowledges zones of overlapping authority that could result in conflict between agencies/actors and offers potential resolutions
    Work product, when fitting, diagnoses systemic shortcomings and offers practical improvements

  4. Evaluate whether there is sufficient evidence to issue criminal charges, and if so, what to charge
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product addresses all potentially applicable governing statutes related to the factual and legal question(s) presented
    Work product takes into account the relative strengths/weaknesses of the available evidence and relevant witness credibility factors to arrive at a reasonable outcome/determination
    Work product demonstrates an equitable weighing and balancing of the interests of the defendant, alleged victim(s), and society’s general interest in public protection and accountability

  5. Utilize proper structure, wording, grammar, punctuation, and citation in all written work product
    Assessment Strategies
    Document Drafting Projects, Trial Notebook Projects and Team Projects
    Criteria
    Work product is written using the appropriate structure / document template(s) specified by the instructor
    Work product shows evidence of professional level of accuracy in grammar, spelling and punctuation
    Work product accurately cites to primary and/or secondary sources of law in accordance with Harvard Bluebook’s Uniform System of Citation or collateral course materials (handouts, instructions, etc.)
    Work product is submitted in accordance with applicable deadlines

  6. Apply statutory and/or factual defenses to advocate on behalf of mock trial clients
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product reveals a methodical consideration of all potentially applicable governing statutes in connection with the set of available facts
    Work product identifies the client’s best interests and legal arguments are tailored accordingly
    Work product zealously advances the client’s cause without exceeding the boundaries of governing rules of professional responsibility/ethics

  7. Evaluate whether police conduct infringes a criminal defendant's constitutional rights
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product shows comprehensive awareness of fundamental rights established by the Bill of Rights, particularly the Fourth, Fifth, Sixth and Eighth Amendments
    Work product incorporates U.S. Supreme Court and/or Wisconsin Supreme Court precedent in support of arguments made

  8. Analyze substantive and procedural due process rights and state statutory provisions that are designed to protect criminal defendants
    Assessment Strategies
    Team Project, Document Drafting Projects, and Trial Notebook Projects
    Criteria
    Work product correctly distinguishes between substantive vs. procedural due process rights
    Work product identifies governing law, particularly Wisconsin Statutes, that exist to protect a criminal defendant’s substantive and/or procedural due process rights
    Work product judiciously explores questions of due process and fundamental fairness and resolves such questions in an evenhanded, logical and thorough manner

  9. Compose effective criminal litigation documents
    Assessment Strategies
    Document Drafting Projects, Trial Notebook Assignments, and Team Projects
    Criteria
    Work product/documents are clear, concise, and complete
    Work product/documents accurately track with correct templates/required formatting
    Work product/documents fully comply with applicable statutes, common law principles, rules of professional conduct, and/or project deadlines.
    Work product/documents appropriately advocate on clients’ behalf with goal of persuading the court to resolve disputed questions of law, or fact, or both, in clients’ favor

  10. Understand the Wisconsin state court criminal pretrial and trial processes from incident to formal charging to discovery to motion practice and jury selection / presentation of the case to sentencing
    Assessment Strategies
    Document Drafting Projects, Trial Notebook Assignments, and Team Projects
    Criteria
    Work product/documents fully account for all governing statutes and any other applicable sources of law
    Work product/documents display a comprehensive knowledge of the purpose of each step in the criminal court process
    Work product/documents identify proper remedies to be employed if errors occur during the process

  11. Identify and apply ethical standards and responsibilities that affect lawyers and non-lawyer members of the litigation team in criminal litigation
    Assessment Strategies
    Team Projects, Trial Notebook Assignments and Document Drafting Projects
    Criteria
    Work product/documents fully comply with all applicable rules of professional conduct
    Work product/documents resulted from a strategic process designed to ensure full compliance with all applicable rules of professional conduct
    Discuss/develop strategies to ensure accountability and remedy mistakes relating to any lapse in compliance with rules of professional conduct