Courses > Law & Legal Careers > Introduction to Criminal Law II

Explore the very real world of prosecutors, defense attorneys and detectives in this fascinating explanation of every phase of a criminal prosecution, in this course that continues an examination of criminal law. This course reveals how law enforcement officers investigate a criminal case and examines issues regarding warrants, indictment and the trial of a criminal suspect.

Along the way, the instructor (a former major-felony prosecutor) will dispel some of the common myths about criminal law and reveals the often-ignored but fascinating world of day-to-day criminal practice. Each lesson investigates a particular phase of a criminal case, from both the prosecution and defense viewpoints, including actual court documents to illustrate the procedural steps that all criminal cases follow, from arrest to appeal.

The instructor uses his extensive experience as an Assistant District Attorney (including appearances on Court TV) to explain criminal prosecution in an entertaining and engrossing manner. Throughout the course, you will encounter a wide variety of characters, from the defendant who refused to wear clothing during his trial, to timid armed robbers and charming burglars, all of whom help explain various aspects of the criminal justice system in a manner that many students have found enthralling.

This course, an excellent follow-up to Introduction to Criminal Law, focuses on important issues and Constitutional provisions, but never forgets that law is, ultimately, about people.

This course includes a knowledgeable and caring instructor who will guide you through your lessons, facilitate discussions, and answer your questions. The instructor for this course will be Neal Bevans.

Neal Bevans is a former Assistant District Attorney. A veteran of over 150 trials, Bevans has tried every major felony from rape, murder, and narcotics to armed robbery. One of his cases was televised nationally on Court TV. He has a Juris Doctor degree from the University of Georgia (Order of the Barrister) and has been a college instructor for over 10 years. He has also presented numerous seminars to medical professionals about the legal field, including training seminars for legal nurse consultants and sexual assault nurse examiners. In addition to practicing real estate law, he also worked as a title examiner and bought and sold real estate investment properties. An author of fiction and nonfiction material, his textbook Criminal Law and Procedure for Paralegals, was published in 2002. His second textbook, Tort Law for Legal Assistants, was published in 2003. He has also published numerous magazine articles about many aspects of the legal and medical fields, including articles focusing on developing a legal nurse consulting practice. He is also a contributing columnist to Legal Assistant Today magazine.

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Requirements:

Completion of Neal Bevans' Introduction to Criminal Law is recommended, but not required. Internet access, e-mail, and the Microsoft Internet Explorer or Mozilla Firefox Web browser.

Syllabus:

All courses run for six weeks, with a two-week grace period at the end. Two lessons are released each week for the six-week duration of the course. You do not have to be present when the lesson is released, but you must complete each lesson within two weeks of its release.

A new section of each course starts on the second or third Wednesday of each month. If enrolling in a series of two or more courses, please be sure to space the start date for each course at least two months apart.

Week One

Wednesday - Lesson 01

Today we'll start our journey into the world of prosecutors, detectives, and defense attorneys. You'll see the real world of criminal justice and understand the all-important steps that a criminal case must follow but Hollywood routinely ignores. You'll understand how police obtain a confession and what they can do with it. You'll find out how police investigate a crime scene and the real protocols they must follow to gather evidence. We'll also consider an area of criminal law that's rife with misconceptions: arrest. When exactly is a person considered under arrest and what effect does that have on the prosecution?

Friday - Lesson 02

Have you ever wondered exactly what a search warrant is and under what circumstances police need one to search your car or your home? You'll find out in this lesson. We'll also examine some of those mysterious concepts you hear about all the time on television, such as "plainview" and "contraband." Finally, you'll learn how drug dogs contribute to searches and see how the famous "exclusionary rule" prevents unconstitutionally seized evidence from being used at trial.

Week Two

Wednesday - Lesson 03

Do the police have to tell you that you're under arrest? Are they required to let you know what you're charged with before an arrest is legal? What are the consequences when an arrest is considered to be illegal or unconstitutional? Did you know that an arrest is considered legal even if the police don't read you your Miranda rights? In this lesson, we get into the nitty-gritty of arrest law. You'll see how television and movies present a completely distorted picture of the consequences of an arrest.

Friday - Lesson 04

In the hearings following an arrest, can prosecutors use hearsay testimony, unconstitutionally seized evidence, and ignore the rules of evidence? The answer is yes. If that answer surprises you, then you need to learn more about initial appearance hearings and preliminary hearings. All states have them. They're conducted shortly after a person is placed under arrest. However, many of the rules we associate with trials are waived for these hearings. When you finish this lesson, you'll understand why.

Week Three

Wednesday - Lesson 05

There's a group of citizens that has the power to dismiss criminal cases. This group has been a feature of American and English law for over a thousand years. Yet most people know next to nothing about it. This group is the grand jury and it has sweeping powers. Today you'll learn how the grand jury functions, and why its role in the criminal justice system is so important. You'll see that the grand jury has a great deal of power, including the power to subpoena individuals and force them to testify. You'll also discover how the grand jury uses indictments to bring criminal charges against individuals.

Friday - Lesson 06

You've seen CSI and lots of other law shows, but do you really know how prosecutors and detectives collect and use evidence? By the time you finish this lesson, you will. You'll see how detectives gather evidence, including physical evidence (such as blood spatter and DNA), as well as testimonial evidence (like the defendant's confession and witness statements). You'll also find out how the prosecution uses this evidence to prove the case against the defendant in the trial. Along the way, we'll dispel some of the more common misconceptions as we look at the use of circumstantial evidence and exactly what hearsay evidence is.

Week Four

Wednesday - Lesson 07

We've all heard the Miranda rights thousands of times. Every night, TV detectives read them to suspects. But how much do you actually know about interrogation techniques and the rights suspects have when they're being questioned? Did you know that every day in the United States, thousands are arrested and never read Miranda rights? Yet these arrests are perfectly legal. The focus of this lesson is to introduce you to interrogation techniques, what exactly the Miranda rights are, and when they're supposed to be used.

Friday - Lesson 08

When do suspects have the right to remain silent? Can they be put in photographic or physical lineups and shown to witnesses? Is it a violation of constitutional principles to make a suspect read a prepared statement to a witness? After today, you'll have a firm grasp on identification techniques—how police use them, and what their limitations are.

Week Five

Wednesday - Lesson 09

What exactly is a plea bargain? What is the purpose of an arraignment? Can a defense attorney force his or her client to plead guilty even when the client doesn't want to? In this lesson, we step inside the offices of district and defense attorneys. We'll get an inside view of plea-bargaining and why it's absolutely essential to the functioning of the criminal justice system. When we're done, you'll understand exactly why prosecutors offer defendants deals and why defendants accept them.

Friday - Lesson 10

If prosecutors know something about a case that's helpful to the defendant, are they obliged to let the defendant know it? How much of the state's file is the defendant allowed to see? What information is the defendant required to give prosecutors prior to trial? These are all questions that deal with discovery—the process of exchanging information between the parties in a case. Today you'll get a detailed list of information that police and prosecutors must provide to the defendant, as well as information that the defense must supply to the government.

Week Six

Wednesday - Lesson 11

Does Law & Order get it right? Are the trials you see every night on television even remotely like the trials that occur in the real world? Wouldn't you love to know how real trials work? This lesson will walk you through the various stages of criminal trials, showing you how different they are from what you see on TV.

Friday - Lesson 12

When a defendant is convicted, what are his or her chances of winning on appeal? How, exactly, does an appeal work? Is the deck stacked against the defendant? These are the issues we'll deal with in this final lesson. You'll see how appeals progress, and realize that despite what you see on TV, most defendants lose their appeals. We'll also explore the Supreme Court—how it functions in criminal cases, and the process involved in bringing a death penalty appeal.

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