CRIMINAL LAW and PROCEDURE
Suggested Additional Assignments
Students should draft a statute that focuses on corporate crime. Students must select one area of law, such
as the environment, employee safety, equal employment opportunity, or some other. They must then
isolate a type of conduct that they think deserves criminal liability; describe the acts with as much detail
as possible, and provide penalties.
Students should find a newspaper or magazine article involving corporate crime. How do the students
feel about the conduct alleged (or proven)? Are the penalties too harsh, or too weak? In their view, how
should the law deal with the defendants' conduct? Students should be cautioned to look at the legal
issues, and avoid emotionally driven arguments as much as possible. Student analysis should include
reference to the Master ethics Checklist collaboratively formulated in Lesson 2 as a basis for their
Class Collaboration Case Project:
Students should be divided into two teams, one of which will be the Middleton Case team and the other,
the Jacobsen Team.
Each team will read the case opinion, briefly summarize the facts and prepare a
presentation for the class which includes the case holding, the point of law determined by the case
holding, and then analyze the impact of the holding on criminal law.
They should research any
exceptions to the rule of law, and briefly explain what standard is used for establishing an exception.
Finally, they should present the collective positions for and against the rigorous enforcement of the rule,
and support each position.
(This assignment can readily be adapted to a
Read and Write
Action Learning Topic Debate
The class should be divided into two teams, and asked to read the Miranda case decisions, as well as case
decisions following in the Miranda line in which exceptions are carved out.
One team will represent the
proponents of Miranda as articulated by the Court, and the other will be opposed.
Each team is to
prepare a briefly position paper which will be presented in debate format with the instructor as
moderator. In addition to the points raised in the opinion, students should be asked to consider
constitutional compliance, and possible restrictions they would like to see removed, if appropriate. The
debate should be preceded by a brief summary of the case facts, with each side presenting the facts as
would be appropriate for the prosecution and the defense position.
Students should incorporate reference
to the British system and differences with our model, as articulated in both the Constitution and Miranda.
The instructor on the basis of persuasiveness of the arguments presented and adequacy of support for
points of argument from case opinions, statutory or constitutional sources, will select the winner.