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13 Ohio St. J. Crim. L. 469 (2015-2016)
Criminal Procedure: It Wasn't Always So

handle is hein.journals/osjcl13 and id is 481 raw text is: 






Criminal Procedure: It Wasn't Always So


                             Ellen   S. Podgor*

     It is hard to imagine a law school curriculum without a course in criminal
procedure.  Today,  law schools  struggle to decide whether criminal procedure
should be taught in the first year or upper level curriculum; whether it should be
combined  with the study of substantive criminal law; whether it should be limited
to one course or have spinoff courses to cover specific areas such as habeas corpus
or computer crimes; and whether an appropriate number of credit hours have been
awarded  for this subject matter. Yet, despite these discussions, criminal procedure
is firmly entrenched in the law school curriculum. But it was not always this way.
     Perhaps equally  incomprehensible is a world  where  there is a dearth of
criminal procedure casebooks.  With few prominent  Supreme  Court opinions and
no law school classes covering this subject, there was no need for course materials
fifty years ago.
     Today  it is a given that there are criminal procedure courses in law schools
and an ever-expanding list of casebooks and study guides, with one of the original
casebooks authored by Professor Yale Kamisar  now  in its fourteenth edition with
six co-authors.1 And there are also many annual supplements to provide students
with new  cases and materials of that year's Supreme Court decisions. Although
the past had few materials, the concerns of today are more focused on whether the
criminal procedure books should be  one or two volumes, whether  habeas corpus
materials needs a separate book, and the appropriate balance between state and
federal materials.
     This backdrop  provided the creation of the panel titled Teaching Criminal
Procedure:  Fifty Years of Experience, a  panel held at the 2015  Southeastern
Association of Law Schools (SEALS)  Conference.  Although others participated as
a part of this panel,2 the keynote speakers were Professors Yale Kamisar and Jerold
Israel. The two essays that follow capture the essence of the presentations by these
two professors.



        Gary R. Trombley Family White Collar Crime Research Professor and Professor of Law at
Stetson University College of Law.
     I  YALE KAMIsAR, WAYNE R. LAFAVE, JEROLD H. ISRAEL, NANCY J. KING, ORIN S. KERR &
EVE BRENSIKE PRIMUS, MODERN CRIMINAL PROCEDURE: CASES, COMMENTS, AND QUESTIONS (14th
ed. 2015).
     2  The panel was moderated by Professor Stephen Singer of Loyola University New Orleans.
In addition to Professors Kamisar and Israel, the panelists were Professors Steven Friedland of Elon
University School of Law, Jancy Hoeffel of Tulane University Law School, and myself


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