William Polk: US Criminal Law

Syllabus

First Session:
The U.S. Criminal Justice System and the Rest of the World - Some Differences
a. It is fragmented - 52 separate systems
b. Local election of state judges and prosecutors
c. Local juries decide guilt or innocence at trial
d. Procedure based, not substance based
e. Plea bargaining - How to negotiate your client into (or out of) prison

Second Session
Basics of Criminal Law
a. An act, or failure to act, plus a criminal state of mind
b. Did the act cause the result?
c. Some defenses
i. Insanity
ii. Self Defense
d. Complicity - I didn't pull the trigger, how can I be guilty?
e. Conspiracy - We planned the crime but didn't carry it out - are we guilty?
f. Course of a criminal case

Third Session
Defendant's Rights - Constitutional Rights
a. The exclusionary rule - Illegally obtained evidence may not be used
b. Right to a lawyer
c. Search and Seizure - Can the police stop me on the street and search me?

Fourth Session
"White Collar " Crime - Yes, businessmen (and women) can go to prison, too
Fifth Session
Why Do We Punish and Why Does the U.S. Still Have the Death Penalty?

Last Session
Problems in the U.S. System
a. Too many in jails and prisons
b. It's better to be rich than poor, if you are charged with a crime
c. Wrongful convictions

Resume

William F. Polk, Jr.

Academic:

• Vanderbilt University (Nashville, Tennessee), Bachelor of Arts, 1961
• Brandeis School of Law, University Of Louisville (Kentucky) , J.D., 1976.
• American University, Washington College of Law (District of Columbia), LL.M degree, May, 2005

Legal Experience:

• 27 years in private and public practice in Western Kentucky, with concentration in criminal law, prosecution and defense
• 1977 - 1988, Assistant Commonwealth's Attorney (part time felony prosecutor); partner, Walker and Polk, civil practice
• 1988 - 1993, solo civil practice, contract public defender, private criminal defense
• 1993 - 2004, partner, Polk and Polk, civil practice and criminal defense
• Lead or sole counsel in approximately 275 jury trials, including approximately 40 - 45 civil jury trials, primarily in state courts, some federal court experience in criminal cases; 95% of criminal trials were felony offenses
• Licensed to practice in Kentucky and the District of Columbia

Teaching Experience:

• 2009 - 2013 Lecture series in U.S. criminal law and constitutional law in universities in Serbia, Bulgaria, Hungary, Estonia, Lithuania, and Albania