Criminal Procedure Simulations

Legal educators are beginning to recognize the need for their students to hit the ground running when they graduate. This book is designed to help students do just that. It consists of nine simulations, covering a wide array of issues arising under the Fourth Amendment, the Fifth Amendment, and Sixth Amendment taught in the basic Criminal Procedure course and gives students the opportunity to learn essential lawyering skills. For example, it puts students in the role of counselor, trial and oral advocate, and legal writer. Some of the chapters include role summaries and require students to present testimony before the trial court hearing the defendant's motion to suppress evidence. Others consist of transcripts of hearings and require students to present arguments to the court. Why a second edition? The Supreme Court has changed the law in some key areas, including whether an officer can search a cell phone as part of a search incident to lawful arrest. One new simulation involves an issue dividing lower courts: whether digital cameras are like cell phones. Importantly, two new simulations allow a full discussion of racial profiling in policing practices.

Legal educators are beginning to recognize the need for their students to hit the ground running when they graduate. This book is designed to helps students to do just that. It consists of nine simulations, covering a wide array of issues arising under the Fourth Amendment, the Fifth Amendment, and Sixth Amendment taught in the basic Criminal Procedure course and gives students the opportunity to learn essential lawyering skills. For example, it puts students in the role of counselor, trial and oral advocate, and legal writer. Some of the chapters include role summaries and require students to present testimony before the trial court hearing the defendant's motion to suppress evidence. Others consist of transcripts of hearings and require students to present arguments to the court. Why a second edition? The Supreme Court has changed the law in some key areas, including whether an officer can search a cell phone as part of a search incident to lawful arrest. One new simulation involves an issue dividing lower courts: whether digital cameras are like cell phones. Importantly, two new simulations allow a full discussion of racial profiling in policing practices.

Softbound - New, softbound print book.

Legal education pedagogy is transforming rapidly. These simulations bring traditional torts casebooks alive in challenging and empowering ways; bring greater clarity and mastery to tort law concepts; and bridge the study of law into the dynamic practice of law. Using modern simulations representing clients in core "bread and butter" lawyering tasks, students apply their casebook rules to conduct discovery, advise clients, correspond with counsel, draft pleadings, calculate damages, and argue motions. Students move beyond the repetition of appellate cases, incorporating statutes and using secondary sources and practitioner tools to save valuable time and resources. While emphasizing substantive tort law mastery, the simulations further demonstrate how law practice seamlessly connects procedure, substance, and skills.

More than most legal educators, Civil Procedure professors recognize the need to teach their students how arcane legal rules apply to real human problems. That was true when the first edition of Civil Procedure Simulations: Bridge to Practice was published over a decade ago and remains true today. But one might ask why a second edition? The Supreme Court and lower federal courts have addressed some new complex questions since publication of the first edition. The Supreme Court has failed to resolve how its due process minimum contacts analysis works for internet cases, the personal jurisdiction issue in the first edition. Instead, it has complicated basic rules involving brick and mortar defendants. Enter the same trolling reporter Mike Ridge, but since we met him in the first edition, his internet employer fired him and he is now working for a brick and mortar newspaper that is about to publish a devasting story about another young lawyer. Valentina Rossi is contemplating a run for office and Ridge wants to publish a story claiming that she and her former boss had an illicit romance, leading to the termination of an unwanted pregnancy. Although most readers might want to dig into the potentially salacious details, a proceduralist can sense a vertical choice of law issue that has divided lower federal courts: does a state's anti-SLAPP law apply in federal court? For the answers, be sure to read the new simulations.

This book discusses issues relating to the application of AI and computational modelling in criminal proceedings from a European perspective. Part one provides a definition of the topics. Rather than focusing on policing or prevention of crime – largely tackled by recent literature – it explores ways in which AI can affect the investigation and adjudication of crime. There are two main areas of application: the first is evidence gathering, which is addressed in Part two. This section examines how traditional evidentiary law is affected by both new ways of investigation – based on automated processes (often using machine learning) – and new kinds of evidence, automatically generated by AI instruments. Drawing on the comprehensive case law of the European Court of Human Rights, it also presents reflections on the reliability and, ultimately, the admissibility of such evidence. Part three investigates the second application area: judicial decision-making, providing an unbiased review of the meaning, benefits, and possible long-term effects of ‘predictive justice’ in the criminal field. It highlights the prediction of both violent behaviour, or recidivism, and future court decisions, based on precedents. Touching on the foundations of common law and civil law traditions, the book offers insights into the usefulness of ‘prediction’ in criminal proceedings.

The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the ’classroom’ experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.

Softbound - New, softbound print book.