Deals with matters outside the scope of the basic courses in criminal law and procedure. It comprises three segments. The first is devoted to some of the more frequently prosecuted federal crimes. These are examined through analysis of certain across-the-board troublesome common elements, such as: culpable mental state in tax evasion, money laundering, use of interstate facilities for distribution of drug paraphernalia, sexual exploitation of children; and the materiality element in the various false statement statutes. Also covered are the major enterprise criminality statutes, RICO and Continuing Criminal Enterprise together with the application of double jeopardy and collateral estoppel. The next segment is devoted to sentencing under both the federal guidelines and the New York sentencing structure, including substantive and procedural provisions of the death penalty statutes as well as federal and New York asset forfeiture provisions. The final segment explores collateral attack (setting aside convictions and sentences) under habeas corpus and New York CPL Article 440, including retroactive application of subsequent decisions in both federal and New York practice. No prerequisite other than basic first year criminal law.
80 New Scotland Avenue, Albany, NY 12208-3494
| PHONE: 518-445-2311 |