Foundational Courses

Criminal Procedure is divided into two parts: investigation and adjudication. Students may take separate courses in investigation and adjudication or may take a one-semester course that covers both, although less intensively. Criminal Procedure A and B each stand on their own and may be taken in either order. One may be taken without the other. Criminal Procedure A focuses on the investigation part, that is, focuses on police investigation and the rights of defendants. This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.

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FALL 2025: LAW JD 848 A1, Sep 2nd to Dec 19th 2025

This course covers the same subject areas as Criminal Procedure A and Criminal Procedure B, although less intensively. This course is suitable for those who want to cover both the investigatory process and the adjudicatory process in one semester. More specifically, this course surveys the constitutional rules that govern investigation, prosecution, and adjudication in the criminal process, rules that 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 A or B.

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FALL 2025: LAW JD 819 A1, Sep 2nd to Dec 19th 2025
SPRG 2026: LAW JD 819 A1, Jan 12th to Apr 22nd 2026

Criminal Procedure is divided into two parts: investigation and adjudication. Students may take separate courses in investigation and adjudication or may take a one-semester course that covers both, although less intensively. Criminal Procedure A and B each stand on their own and may be taken in either order. One may be taken without the other. Criminal Procedure B focuses on adjudication, that is, 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. RESTRICTION: Students may not enroll in this section and Criminal Procedure AB.

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SPRG 2026: LAW JD 820 A1, Jan 12th to Apr 22nd 2026

This 3-credit course will examine the rules and doctrines of Evidence Law with a focus on the Federal Rules of Evidence and pertinent constitutional law. We will cover hearsay and its exceptions, relevance, prejudice, character evidence, impeachment, and other central subjects. Emphasis will be on the practical application, the policies and purposes, and theoretical considerations of Evidence Law. This course utilizes a problem-based approach to learning and encourages critical analysis of how Evidence Law impacts equity and justice. Assessment for the course will be based upon a bar-style multiple-choice final examination, a policy paper, and short review assignments due before each class (after the first week). This course satisfies BU Law clinics' Evidence prerequisite/co-requisite requirement.

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Donweber/Gonzales Rose/Lowy: Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer. UPPER-CLASS WRITING REQUIREMENT: Professor Gonzales Rose’s section may be used to satisfy the requirement partially or in full. Pedro: In this course, we will examine evidence rules and principles with a focus on the U.S. Federal Rules of Evidence, relevant constitutional provisions, and cases interpreting both. In addition to covering the rules of evidence, the course explores the significance of evidence as a strategic device in civil and criminal litigation, especially at trial. Some topics covered include: hearsay and its exceptions; relevance and prejudice; examination and impeachment of witnesses; privileges; expert testimony; and scientific, character, and propensity evidence. We will frequently use anonymous polling and discussion with a problems-based approach. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. The course includes mandatory, practice quizzes and a practice midterm (specific student performance on the practices do not count toward the final grade) and assessment for the course will be based upon a final examination

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FALL 2025: LAW JD 831 A1, Sep 2nd to Dec 19th 2025
FALL 2025: LAW JD 831 B1, Sep 2nd to Dec 19th 2025
FALL 2025: LAW JD 831 C1, Sep 2nd to Dec 19th 2025
SPRG 2026: LAW JD 831 D1, Jan 12th to Apr 22nd 2026
SPRG 2026: LAW JD 831 P1, Jan 12th to Apr 22nd 2026

This course examines federal criminal law as a distinct legal system shaped by the dynamic interplay between Congress, the executive branch, and the judiciary. Students will explore the Constitutional foundations of federal jurisdiction, the statutory framework of key offenses—including corruption, racketeering, and criminal violations of Constitutional rights—and the evolving role of federal agencies in enforcement. The course not only covers established doctrine but also highlights the unsettled questions that challenge courts, prosecutors, and policymakers. By analyzing case law, statutory materials, and institutional responses, students will gain insight into how each branch of government influences the development and enforcement of federal criminal law. This course will have a required final exam. PREREQUISITES: Criminal Law, Constitutional Law.

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FALL 2025: LAW JD 847 A1, Sep 2nd to Dec 19th 2025

The course is designed to cover substantial instruction in the rules of professional conduct, and the values and responsibilities of the legal profession and its members, with a particular emphasis as the rules apply to criminal practice. This class is open to all students but Criminal Clinic students are given priority in enrollment. NOTE: This course satisfies the Professional Responsibility requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

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FALL 2025: LAW JD 983 A1, Sep 2nd to Dec 19th 2025