Federal Criminal Law
The subject matter of the course is the scope of federal criminal jurisdiction, and particular federal substantive crimes, including the major offenses used to prosecute political corruption at the federal, state, and local level, drug offenses, organized crime (RICO), and money laundering, as well as forfeiture and the sentencing guidelines.
Enrollment is limited to 20 students. Each student takes part in at least two simulated appellate cases in which students play the roles of counsel for the United States and the defendant, and other students make up the court. The class is scheduled for an extended period to permit time to argue these cases and then have follow-up class discussion. These simulations allow students to probe the legal doctrines involved, and also provide excellent training in lawyering skills. They also stimulate extended discussion about the role of courts in lawmaking. Every year there are a number of guest speakers (most of whom are Duke alumni). Generally these include at least one federal prosecutor, one defense lawyer, and one federal judge. The guest speakers not only conduct classes, but also remain on campus to spend time informally with interested students to answer questions about career options, ethics, etc.
The grading in the course is based on three elements: the simulated cases (30%), a paper (35%), and a take home examination (35%). The paper usually involves the analysis of a piece of proposed federal legislation; it is based largely or exclusively on materials assigned for class discussion, rather than original research. The take home examination is written over a 24-hour period at any time during the examination period.
Federal criminal law is recommended either for second-or third-year students. It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.