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Reflections on Christopher Smith's Article "Teaching the Irrelevance of Law on Criminal Procedure"

NCJ Number
168361
Journal
Journal of Criminal Justice Education Volume: 7 Issue: 1 Dated: (Spring 1996) Pages: 59-63
Author(s)
M Zalman
Date Published
1996
Length
5 pages
Annotation
This paper analyzes and comments on the argument of Christopher Smith that criminal procedure should not be taught from a strictly doctrinal approach that uses a casebook or hornbook to reproduce only cases and rules.
Abstract
Smith recommends eliminating a separate criminal procedure course and replacing it with greater law-in-society content in other courses. This approach might work in some departments, although much would depend on the instructor's legal sophistication and sensitivity. However, an alternative teaching model would move us closer to the goal of understanding legal doctrine in context and making criminal justice practitioners more sensitive to the principles of constitutional restraints. This model is the Albany Model used in the second class the author attended in the School of Criminal Justice at the State University of New York at Albany. The model consists of two elements: team teaching and specialized materials that focus on law in context. Nevertheless, Smith's essay encourages suggestions of ways in which existing course content can be modified to provide a clearer understanding of the social context of criminal procedure and provides an occasion for hard thinking about what is being taught. Footnote and 9 references

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