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Loyola University Chicago

Registrar

School of Law

Criminal Law

Skills

This course takes students through the progression of a federal criminal case from indictment to sentencing, and gives students an understanding of what kind of written advocacy is common at each stage of the case. Students will be given practical guidance for writing persuasively at each of those stages. With fact patterns drawn from actual federal criminal cases, students will hone their skills by writing various motions and a sentencing memorandum, from the side of either the prosecution or the defense. Students will present oral argument on one of the written assignments. Students will also observe a federal court proceeding relevant to the topics covered in class.

Skills

From the convening of a grand jury to the disposition of charges, federal criminal prosecutions involve a series of complex investigative and prosecutorial topics. This class will explore complex issues involved in federal criminal law including corporate criminal liability, the prosecution of public corruption cases, involving foreign and domestic initiatives, and organizational prosecutions utilizing RICO. Taught by an experienced trial attorney, Ms. McClellan (currently an Assistant United States Attorney) the class will analyze issues surrounding the prosecution and defense of complex criminal matters. In the context of corporate criminal matters, the issues analyzed will involve the expansion of the principles surrounding corporate liability, internal and external investigations and whistle blowers after the Dodd Frank Act. With regard to prosecutions of public corruption, the course will focus on domestic political/public corruption and foreign anti bribery initiatives pursuant to the Federal Corrupt Practices Act. Complex criminal prosecutions aimed at organizations utilizing RICO statutes and similar remedies will be reviewed and analyzed for their efficacy. The course will focus on issues that arise in the prosecutive stage of these complex matters, beginning with the charging decisions through the disposition of the case. Questions of trial strategy will be examined, as well as, alternatives to trial, comparing and contrasting the remedies available when the defendant is an institution as opposed to an individual.

JD Required 
Bar

This course introduces the elements of crime by teaching principles that apply to many crimes. These principles include the nature of criminal acts and of criminal fault, as well as defenses such as self-protection. Homicide and other specific crimes may also be discussed, as may theories of punishment. The primary materials are statutes -- in particular, the Model Penal Code and/or the Illinois Criminal Code.

Bar

This course is designed to provide a detailed examination of the criminal judicial process, pre-trial to post-trial, and includes an examination of: prosecutorial discretion, right to bail, pre-trial motions, double jeopardy, plea bargaining, discovery, jury selection, various trial issues, appeals, and post-trial remedies. (Norton, Raphael)

Bar

This course provides a general overview of the criminal justice process, and focuses on the constitutional and other legal requirements that affect law enforcement practices and procedures. Specific topics may include confessions and interrogations, identification procedures, arrest, search and seizure, surveillance, police entrapment, and the right to counsel. (Norton, Raphael)

During this seminar we will analyze and discuss how the criminal justice system is attempting to deal with today’s challenges. Topics that might be covered include measures to deal with the gang problem in Chicago; life sentences for juveniles; methods for addressing claims of actual innocence; and the pros and cons of the plea bargaining process. The course materials will include assigned articles and lectures by guest speakers involved in the issues being reviewed. Grades will be based on a paper relating to one of the topics and participation in the seminar. (Devine)

This seminar will review the use of the death penalty in our country's history and then take an in-depth look at the issues relating to whether there should be a death penalty.

We will examine national developments on the issue and discuss the recent history of the death penalty in Illinois, including the removal of all prisoners from Death Row by former Governor George Ryan, the report of the commission appointed by the Governor to examine capital punishment issues, the basis for the moratorium on the death penalty and the factors affecting Governor Quinn's decision on the 2011 bill to ban the death penalty.

Assigned readings will include Debating the Death Penalty, edited by Hugo Bedau and Paul Cassell (Oxford, 2004), Ultimate Punishment by Scott Turow, portions of the Report of the Governor's Commission on the Death Penalty, and various articles and court decisions.

There will be guest speakers who have participated in aspects of the death penalty process and the debate on its use.

Each participant will be assigned a paper on a topic covered in these materials. (Devine)

Experiential Learning
Skills

Students who have completed all first year courses (Civil Procedure, Contracts, Constitutional Law, Criminal Law, Property, Torts, and Legal Writing) and who wish to receive graded credit for work performed in an approved field placement may apply for this externship. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Rule 711 license. Students enrolled in this course may receive two or three hours of graded credit for supervised work performed in an approved field placement. This externship includes a classroom component that focuses on the performance of discrete legal tasks. It has been designed to allow students an opportunity to further develop practical lawyering skills. Students will be graded on classroom participation, simulations, practice area based drafting and research assignments, and field placement evaluations. There will be no final examination. (Gough)

Experiential Learning
Skills

Students will follow the evolution of a federal criminal case from investigation to trial.  The class will focus on one mock problem— which will likely be a federal narcotics investigation that resulted in a two-count indictment.  The indictment will allege that the defendants conspired to distribute more than 280 grams of a controlled substance and that they indeed distributed the controlled substance.  Because it will be too complex for a one-semester course, I do not recommend that the mock problem include a Title III investigation. The class will be divided into three parts: 1) Investigation 2) Suppression Hearing and 3) Trial. (Tracy)

Skills

Federal Criminal Practice is taught by an Assistant United States Attorney and a former Staff Attorney from the Federal Defender Program, now in private practice as a defense attorney, specializing in white collar criminal defense and internal investigations. This course will expand students' knowledge of the scope and application of federal criminal law, and will challenge students to think and act as practicing prosecutors and defense attorneys. This course will review five major areas of federal criminal law: (1) the role and scope of the federal criminal system; (2) federal narcotics prosecutions; (3) the use of informants in federal investigations and prosecutions; (4) federal public corruption prosecutions including the use of the mail fraud statute; and (5) federal racketeering laws. Students will gain a working knowledge of the relevant case law on these topics and will also review and apply real cases prosecuted in federal court in the Northern District of Illinois.

This course is unique in that it will incorporate a practical component into the last four of these subject areas. Students will write and argue various motions, including a motion to suppress, a motion to dismiss an indictment, and a sentencing memorandum relating to the Federal Sentencing Guidelines. Students will also conduct direct or cross examination of a cooperating witness and give a short closing argument. Students are expected to complete four written submissions and two oral exercises. These assignments, along with class participation and attendance, will determine the student's final grade. (Ellis)

Skills

The sexual exploitation and trafficking of minors has reached a crisis point, both in the United States and abroad. The United States Congress has responded to this ever-increasing threat by passing extensive legislative enactments aimed at deterring this pernicious activity, providing severe – and often controversial – punishment for those who engage in it. While federal and state prosecutions in this area are at an all-time high, law enforcement and prosecutors continue to miss critical opportunities because they fail to fully understand the nature of the threat, and lack a solid grasp on the integrated arsenal of statutory tools at their disposal. Similarly, members of the judiciary, as well as victim advocates and pretrial service officers, may appreciate the laws on the proverbial books, but often lack familiarity with the sophisticated means employed by organized criminal group and the role of public corruption involved in the large-scale exploitation of children. They also misunderstand the rationalization through which individuals engaged in the exploitation of children tend to self justify their conduct, and have never confronted the statistical realities challenging the belief in meaningful rehabilitation of sex offenders. Put simply, although the complex and inter-related legislative anti-exploitation and anti-trafficking framework is now the firmly established law of the land, its theoretical and practical nuances are widely misunderstood, and indeed are all too frequently not understood at all, by the very professionals entrusted with the difficult task of protecting humanity’s most vulnerable.

This seminar will start with the statutory analysis rendered more comprehensible through the vehicle of real-world examples from the experience of Judge Kendall who will explain the history and present-day reality of the federal response to child exploitation. The seminar will analyze the various laws that govern the roles of the stakeholders: prosecutors, defense attorneys, judges, immigration officials, pretrial services officers, and victim advocates. The seminar will further explore all of the victim issues that make these cases complex and challenging. Students will explore victims' needs, rights, and opportunities for redress including restitution and expungement of criminal records. Students will hear first hand from federal agents who have prosecuted human trafficking cases; will see and hear the evidence presented to federal juries, will hear from a victim of the crime, and will learn from those victim advocates who seek to redress the harms inflicted upon victims.

The seminar will span two days and have multiple speakers and employ an interactive question and answer format. Students will be required to submit a 15 page paper on a topic of interest from the seminar for a final grade.

The Instructor: Honorable Virginia M. Kendall

Skills

The course will focus on a substantive review of Illinois criminal law, its origins and evolution. It will also focus on policy decisions and trends that that drive changes in criminal laws. While the focus of the course is Illinois centric, the statutes and policies reflect national criminal law and policy trends. (Baroni)

Perspective Elective
Skills

This seminar explores issues of family violence, with an emphasis on domestic violence, through an interdisciplinary lens. An overview of the laws, public policy, and psychosocial approaches and trends addressing family violence issues. The course seeks to provide an opportunity for students in different disciplines to learn about the theories, philosophies, ethics, and practices of the range of professions that must confront family violence issues, and the impact of decision making in one forum on the practices and decisions made in another forum. Student are challenged to consider the strengths and weakness of the responses of various disciplines, and their interaction.

Perspective Elective
Skills


This course will attempt to answer the following questions: How should society handle allegations of criminal behavior by children? In what way should the proceedings be designed to address the differences between children and adults? Who should decide whether a child should benefit from special treatment, judges or legislators? What responsibility do parents and communities bear in providing children an opportunity to change their behavior? How should the justice system and the school system interact? While the intersection between the child welfare and juvenile justice systems will be discussed, this course will not address child welfare practice generally or in much detail. Students will be required to prepare brief position papers during the term. The remainder of the grade will be based on performance in class and on a final examination or a major research paper written in lieu of the final exam. (Geraghty)

Experiential Learning

Skills

Few resources exist to assist individuals who have been exonerated after serving time in prison for crimes they did not commit.  Life After Innocence (“LAI”) – the first and still one of the only projects solely devoted to post-exoneration services – provides its student members with unique practical and educational experiences in a clinical classroom setting.

LAI provides a variety of legal and social services to its clients through direct interaction between students and exonerates. Students work together in practice groups to develop practical lawyering skills, acquire a deeper understanding of professional and ethical responsibility, and cultivate an attorney-client relationship in a unique and still emerging area of law. Projects may include obtaining expungement of criminal records, litigating petitions for certificates of innocence, drafting amicus briefs, and engaging with areas of law ranging from family law to criminal procedure. Students also work with exonerees as they procure identification, find housing, search for employment, obtain health services, and learn technological skills. Senior law students eligible for a 711 license may actively participate in court proceedings and draft legal documents under the supervision of LAI faculty members.

A weekly two and a half hour class meeting simulates the environment of a staff meeting in a small law firm. In addition to attending class, students will commit to performing 4-6 hours of course related work each week. Students will provide a weekly summary of time billed and agree to complete any projects not completed during the semester.

Prosecutors have significant power and discretion on both the federal and state levels. With those powers come responsibilities. The seminar will explore the limits of those powers and issues raised by attempts to regulate them. Among the topics we will explore: prosecutorial immunity; the discretion to charge or not to charge, including the death penalty; the obligation to disclose information to the defense under Brady; and the scope of acceptable closing arguments. Guest speakers will address both sides of these issues. Materials will include law review articles and excerpts from text books and general circulation books. There will be one major paper assigned. (Devine)

Skills

A practical skills course on 4th Amendment/Search & Seizure law as it applies in Illinois, and how the most common issues are litigated in criminal cases. The class explores applicable Illinois statutes, Illinois Supreme Court rules, and federal and state case law that sets forth the prevailing legal basis for individuals’ rights against unreasonable search and seizure. Taught by a Cook County Assistant State’s Attorney and with question and answer sessions with a defense attorney and law enforcement; the course takes a balanced look at both the prosecution and defense approaches to Motions to Quash and Suppress, the bread and butter of pretrial litigation and the chief avenue for deciding 4th Amendment issues. After learning the legal basics, students will be tested on their ability to identify and analyze Search & Seizure issues in various scenarios and argue for or against 4th Amendment violations, as well as practice some basic motion writing and oral arguments.

Experiential Learning
Skills


This weekend course is designed to provide students with an overview of the issues and case law related to wrongful convictions. Students will gain an understanding of the dynamics of wrongful convictions and this burgeoning area of law. The course will also provide the opportunity for each student to research one recent case of wrongful conviction. 40% of the grade in this course is based on class participation. 60% is based on a research paper.

Loyola

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