Southern New Hampshire University Graduate Catalog 2011-2012

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Course Descriptions the subject of debate and advocacy as will the perennial issues surrounding police behavior—police misconduct, police abuse of discretion and police alienation from communities. An equally important aspect of the course will relate to the legal issues that surround police practice on a day-to-day basis. Police search and seizure, confessions and witness cooperation, identification and investigative field practices, and the law of arrest and detention will be assessed from a professional, statutory and constitutional perspective. Attention will be given to the efficacy of judicially ordered remedies in the conduct of police and whether other methods of intervention may generate better results. A comprehensive view of litigation tactics and strategies in police misconduct cases from initial investigation to appeals, receive significant coverage. JUS 601 Correctional Policy and Practice (3 credits) Concepts related to correctional law and its applications are the central theme of the course. Aside from the usual review of correctional law issues relating to prison modalities and regimen, discipline and due process, constitutional protections during incarceration, with special analysis of 8th and 14th Amendment claims, the course expends considerable time on the role of function of institutional processes and operations in the correctional sphere—allowing an even-handed discussion of the rights and responsibilities of both the correctional officers and supervisory personnel and the inmates within their custody. Further treatment includes emerging questions in the prison environment including HIV/AIDS in the facility, free expression and political speech, the right to vote, family and conjugal visitation, matters involving parole and furlough as well as the theory of rehabilitation, both medical and mental in prison operations. Lastly, the course evaluates the diverse schools of thought in the matter of punishment including its legitimacy and its condemnation and addresses the more controversial questions in prison practice and therapeutic activity as punishment. JUS 602 Courts and Judicial Process (3 credits) This course is a study of select issues and problems concerning the judicial function and appellate process in the federal system. Initially, the course is devoted to a study of legal doctrine affecting the appellate process, including: judicial issues of particular interest at the appellate level; final orders and interlocutory appeals; prudential considerations limiting appellate review; issues of federalism affecting relations between federal and state courts; waiver of appealable issues; the proper scope and standard of review (with emphasis on administrative agency appeals); and the remedial authority of the courts. The course ends with a focus on the judicial process from a more reflective and philosophical perspective, including: a critique of the judicial philosophies of some leading jurists; a consideration of the function of courts and judges in a democratic society; and preparation of a short paper dealing with some significant aspect of the judicial process. JUS 603 Law, Ethics, and Justice System (3 credits) This course will offer an inquiry into the interplay of law, morality, ethical reasoning and Western legal tradition. The course exposes the tradition and foundations of the

American legal system with special emphasis on its jurisprudential foundations. Questions of right, justice, equity, law as moral command and order, natural law reasoning and the dignity of the human person are central to the instruction. The course delivers a critical look at how our legal and justice institutions have come about and provides a method for dealing and delving into perennial legal and moral problems that plague cultures. An overview of the major legal theories about the nature of law and its place in the political system will be included. Among the issues considered are the origin of law, its relationship with divine law, obligations of obedience and disobedience, and the relationship between political sovereignty and law. JUS 604 Legal and Justice Research (3 credits) A review of the American legal system, including the courts and the legislatures, role and functions of its personnel, form and substance of law from a procedural and substantive perspective, and primary and secondary sources of the law. Students will be exposed to federalism, the function of law making, and dispute resolution in the judicial system. The course also surveys the processes of the judicial, legislative, and executive branches and the role of administrative agencies. Another facet of the course is dedicated to the mastery of legal method and the research tools essential to that success including: judicial reports, including federal and state court reports and citation forms; case finding aids, including federal, state, and Supreme Court digests and encyclopedias; citors such as Shepard's Citations; digests; annotated law reports; legal periodicals, including periodical indexes and research procedure; the nature, function and characteristics of treatises; research procedures; state and federal administrative law; federal, state and local court rules; miscellaneous research aids and non-legal research aids. The student will also be exposed to the various types of law including crimes, civil actions, contract and business actions as well as other typologies of law. Course participants will have ample opportunity to hone and develop critical legal skills by argument, advocacy, interpretation, and preparation of legal documents. JUS 605 Organized Crime (3 credits) A graduate level examination of the dynamic referred to as “organized crime” picking up where the undergraduate course ends. Specific crimes, like racketeering, extortion, bribery, official corruption, graft, drugs, prostitution and other illicit trafficking will be analyzed. Investigative techniques and prosecutorial strategies that relate to the identification and elimination of organized crime are a major component of the course content. JUS 606 Planning/Tactics: Homeland and WMD (3 credits) A graduate level examination to provide students with a thorough understanding of the strategic, political, legal, and organizational challenges associated with the defense of the U.S. homeland, the efforts that are under way to meet these challenges, and possible policy options. The course starts by examining the range of potential threats to the U.S. homeland, focusing on potential terrorist acts. The course then examines strategies and means for addressing these threats, 99


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