Sadiq Reza

3 credits

This course focuses on the constitutional rules of the criminal process from arrest to sentencing and appeal ("bail to jail"), particularly under the Fifth, Sixth, and Eighth Amendments. Topics include the right to counsel, effective assistance of counsel, pretrial release and detention, charging, grand jury, prosecutorial discretion, discovery, double jeopardy, plea bargaining, jury vs. bench trial, jury selection, speedy trial, confrontation, jury instructions, proof beyond a reasonable doubt, sentencing, and appeals. RESTRICTIONS: Enrollment is limited to students who have not taken and are not currently enrolled in Criminal Procedure: Comprehensive (JD 819). Students who have taken or who are enrolled in Criminal Procedure: Constitutional (JD 821) are permitted to take this course. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

4 credits

This course surveys the constitutional rules that govern investigation, prosecution, and adjudication in the criminal process and derive primarily from the 4th, 5th, 6th, and 8th Amendments. Topics include police powers and limits in searches and seizures (e.g. stops, frisks, arrests, excessive force, profiling, and surveillance), police interrogations (Miranda), the exclusionary rule (the suppression of evidence obtained unconstitutionally), bail and detention, the right to counsel, the right to trial by jury, grand jury proceedings, prosecutorial charging and discretion, double jeopardy, discovery and exculpatory evidence, plea bargaining, jury selection, and the rights to a public, speedy, and fair trial. We will discuss policy and practical considerations as well as the governing constitutional doctrines, and classroom demonstrations will illustrate the course material. RESTRICTION: Students may not enroll in this section and Criminal Procedure: Constitutional (JD821) or Criminal Procedure: Adjudicatory (JD820).

3 credits

This course introduces students to the sources, jurisprudential methodology, doctrines, actors and institutions, and operation of Islamic law from classical to modern times. Readings include primary sources--foundational texts, fatwas (legal opinions), case reports, and constitutional and statutory provisions--along with secondary sources that discuss the history and evolution of Islamic law, theories of Islamic legal interpretation, competing views of the meaning and application of Islamic law, and variations in the role Islamic law plays in the legal systems of today's Muslim-majority countries. Specific topics to be covered include: the roots of the law and the derivation of legal rules from those roots; the respective roles of scholars, judges, executive officials and other actors in determining and enforcing rules of Islamic law; judicial procedure and rules of evidence; reform and the reception of Western law in the 19th and 20th centuries; democracy, constitutionalism, and contemporary theories and forms of "Islamic" states; and Islamic law in the U.S. and other "non-Muslim" lands. Cases in criminal law, family law, Islamic finance, and other fields will provide opportunities for in-depth discussions of substantive Islamic law, and regular reference to both the common-law tradition and the modern American legal system will offer comparative perspectives. PREREQUISITE: None. No background in Islamic studies is required. GRADING NOTICE: This class will not offer the CR/NC/H option. Grades will be based on a seminar paper (50%) and class performance (50%), including participation and short weekly written reflections. UPPERCLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement either partially or in full. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.