Houston Community College System Court Systems and Practices 1306 Fall Semester, 2013 Instructor: R. Nicole Stagg CRN Number: 63556 Class Meetings: Tuesdays; 1:00 p.m.-4:00 p.m.; (Hybrid course) Angela Morales Building ESID 3003 Office Hours: Tuesdays, 4:00 p.m.-4:30 p.m. in the library or the classroom, by appointment ONLY. My e-mail address is stagglaw@yahoo.com, or rashaun.stagg@hccs.edu. I prefer to be contacted on my yahoo email. I can also be reached at (713) 223-5811. Discipline/Program: Criminal Justice Course Title: Court Systems and Practices 1306 Course Rubic and Number: CRIJ 1306 Semester with Course Reference Number (CRN): Fall 2013 Semester, CRN 63556 Course Semester Credit Hours (SCH): 3 hours, Lecture Course Contact Hours: 48 Contact Hours Course Continuing Education Units (CEU): 0 Course Length (Number of weeks): 8 weeks Type of Instruction: Lecture Course Description: The format of this course is both lecture-oriented and structured with daily discussions of the course reading materials and current events. Students are required to participate in class discussions and group activities. Students are expected to be aware of current, national, and local events in order to participate in class discussions. Ultimately, the goal of this course is to help each member of this class to arrive at a deeper, more comprehensive understanding of criminal procedure. This course is an in-depth analysis of criminal evidence rules in the United States and Texas. Topics include trial procedures, examination of witnesses, real/physical evidence, circumstantial evidence, hearsay evidence and exceptions, privileged communications, declarations against interests, and judicial notice. (No prerequisites) Class participation is a very valuable part of the learning experience in this course. Questions are welcomed, and we will set aside time each day of class for discussions. Students are expected to come to class prepared to share their questions, comments, criticisms, and insights with others. Simply showing up for class, while necessary for a good grade, is not sufficient. Course Prerequisites: None Course Goals and Objectives: Upon completion of this course students should be able to write college level reports, analyze various written works, and have a basic understanding of: Student should be able to fulfill all of the SLOs (Student Learning Objectives) as described below: Course Student Learning Outcomes (SLO): 1. 2. 3. 4. To acquire an understanding of the Constitutional and practical grounds for criminal procedure To understand the role of the judiciary and the rule of law in society To examine the historical evolution of procedural doctrines, standards, and tests To analyze both early and contemporary Fourth, Fifth, and Sixth Amendment safeguards 1 5. 6. 7. To articulate informed opinion about principles of fairness, due process, and liberty To identify the practical legal necessities for organizing successful strategy & tactics for trial To appreciate the foundations and principles underlying the basic rules of evidence General Education Goals: In addition to the above objectives, the more general goals of this course are to provide the student with the following tools to help develop his or her potential: 1. Development of the student's analytical thinking capabilities through comparison and contrast in the application of theories and concepts to social problems 2. Enhancement of the student's literacy skills through assigned readings, discussions, examinations, and other requirements 3. Utilization of the historical perspective which helps with student understanding of evolutionary developments over time 4. Understanding of the scientific method through research requirements and in-depth case studies 5. Improvement in social interaction skills and understanding human behavior through consideration of the impact legal and social systems have on individuals 6. Increased student awareness of cultural and multi-cultural issues through study of how social problems and social movements are related to, and affect, minority groups 7. Preparation for more advanced study in criminal justice. Attendance and Drop Policy: You are expected to attend all lecture classes. You are also responsible for material covered during your absences. Instructors may be willing to consult with you for make-up assignments, but it is your responsibility to contact the instructor. Class attendance is checked daily. Although it is your responsibility to drop a course for nonattendance, the instructor has the authority to drop you for excessive absences. You may be dropped from a course after accumulating absences in excess of 12.5% of the total hours of instruction. For example: For a 3 credit-hour lecture class meeting 3 hours per week (48 hours of instruction), you can be dropped after 6 hours of absences. For a 4 credit-hour lecture class meeting 6 hours per week (96 hours of instruction), you can be dropped after 12 hours of absence. 3-peaters: NOTICE: Students who take a course more than twice face significant tuition/fee increased at HCC and other Texas public colleges and universities. Please ask your instructor/counselor about opportunities for tutoring/other assistance prior to considering course withdrawal or if you are not receiving passing grades. The Texas State Legislature has begun to impose penalties on students who drop courses excessively. In 2007 the Legislature passed a law limiting students to no more than 6 total course withdrawals throughout their academic career in obtaining a baccalaureate degree. To help students avoid having to drop/withdraw from any class, HCC has instituted an Early Alert process by which your instructor will “alert” you and HCC student services of the chance you might fail a class because of excessive absences and/or poor academic performance. You should visit with your instructor, a counselor, or HCC online Student Services to learn about your options. Students are expected to attend every class meeting. Additionally, students are responsible for materials covered during their absences. Although it is the responsibility of the student to officially withdraw from the course, a student may be dropped for reasons outlines in the Policy regarding W, F, and I section on the last pages of this syllabus. The last day for administrative and student withdrawals is November 22, 2013 by 4:30 p.m. Failure of a student to withdraw officially could result in the student receiving a grade of “F” in the course. Texts: Carlson, Ronald L. Criminal Justice Procedure (7th) Instructional Methods: Lecture, in class discussion, online course assignments, and in-class exams. 2 Student Assignments: Participation: Students are expected to participate in class discussion/debates and when the teacher calls on them. Reading must be completed in order to participate. By asking students about readings, the instructor can also check whether they have completed readings or not. Exams: There will be three (3) exams given during the semester, as well as the final exam. The 3 exams will consist of a total of 50 questions, 25 multiple-choice questions and 25 true-false questions. The final exam is a comprehensive multiple-choice exam and will consist of questions from the last sections and from previous exams. In addition, there will be a written assignment. Written Assignment/Term Paper: Students are required to submit a written assignment during the semester. The written assignment is worth 15% of the final grade in the course. The assigned essay should be approximately 5-6 pages (1500-1800 words) in length plus appendices, typed on any word processing software that allows for checking spelling and grammar, and a cover sheet. The cover sheet and bibliography should not be counted in your 5-6 page requirement. You will be expected to incorporate material from assigned readings. These papers will be graded according to the soundness and intellectual rigor of their argument, their use of relevant class material (including, reading, lecture, and class discussions), and the quality of their written expression. All papers must be written with consideration for grammatical rules. Spelling and grammar are part of your written assignment grade. Students must document the sources used in the research of the paper in an appropriate manner (footnotes or endnotes and bibliography) using any method (MLA, Chicago, etc.) Failure to document your sources will result in a grade not exceeding 70. If you have any questions on the assignment, please contact me before the due date. The written assignment may be about any approved topic related to criminal justice/procedure and must be approved by the instructor. The written assignment meets the reading, listening, writing, speaking, critical thinking, and computer literacy competencies. Student Assessments: Students will be assessed for their ability to successfully complete the assignments mentioned above according to the grading criteria mentioned above. Instructor Requirements: Attendance: Although attendance will be take at the beginning of class, this merely for administrative purposes. I do not require students to attend class, and I WILL NOT DROP ANYBODY for low attendance. This being said, attendance to the lectures is absolutely necessary if you want to do well in the class. If you fail to attend class, not only will I have little or nothing to base your participation grade on, but you will miss important material from my lectures. Much of this material is NOT in the assigned reading but WILL be on the exams. In other words, it’s up to you whether or not you want to attend, but if you don’t, then you are likely to do poorly on the assignments. I recommend making friends with at least one other student so that you can share notes if/when you need to skip a meeting. Make-ups: There will be no make-ups except in cases of legitimate emergency (note: Having a hangover, or being in jail for DWI or DUI, will not be considered a legitimate emergency). This policy applies to all exams (or possible quizzes). Cheating and Plagiarism: I have a no tolerance policy regarding cheating and plagiarism. Not only will you receive an “F” for the course if caught cheating or plagiarizing, but the Dean will also be notified of your actions. I WILL NOT DROP A STUDENT. IT IS STUDENT’S RESPONSIBILITY TO PROCESS THE PAPERWORK BEFORE THE DUE DATE. THOSE STUDENTS WHO FAIL TO DO SO WILL BE ASSIGNED A LETTER GRADE BASED ON THE SCHEME BELOW. Grading: Students will also be graded on written reports/journals over the text material assigned, exams and the writing assignment, and class participation. Exam 1 Exam 2 20% 20% 3 Exam 3 20% Written Assignment 15% Online Assignments 5% Final Exam 20% ________________________________________________________________ TOTAL 100% HCC Grading Scale: 90-100 = A 80-89 = B 70-79 = C 60-69 = D 0-59 = F All make-up exams will be given on the last class day. This does not apply to the final exam, which must be taken on the day assigned. Make-up exams consist of short answer/essay questions from the sections assigned for the missed exam. Students will not receive a grade above 70 on make-up exams. Assignments not turned in on the date will not be graded until the end of the semester and will not receive a grade exceeding 70. ADA Statement: Students with Disabilities Any student with a documented disability (e.g. physical, learning, psychiatric, vision, hearing, etc.) and who needs to arrange reasonable accommodation must contact the Disability Services Office at the respective college at the beginning of each semester. Faculty is authorized to provide only the accommodations requested by the Disability Support Services Office. The DSS Counselor for the Southeast College is Mrs. Baldwin and she can be reached at (713) 718-7218. Scholastic Dishonesty: There will be no sharing of answers on exams and written assignment. In addition, students must present their original work on all assignments and document all outside resources. Plagiarism is not allowed. Cheating will result in a grade of “F” in the course, as well as disciplinary actions. Academic Honesty: Academic irregularities cannot be tolerated. Attempts to compromise the integrity of this course will result in a grade of zero for the assignment or dismissal from the class. Student must not collaborate on the exams in any way (including the use of materials from former students) and must not copy material from any source to use as their essay answers or discussion contributions. See the HCCS Student Handbook for details. Cheating is not that hard to define and as college students, you should have a firm idea about what cheating is. Just to be clear, here are a few simple definitions: - - Cheating is: Copying from another student’s exam. Cheating is: During an exam, using materials not authorized by the person giving the exam. Cheating is: Collaborating with another student during an exam without proper authority. Cheating is: Knowingly using, buying, selling, stealing, transporting, or soliciting in whole or part the contents of an exam or paper. Cheating is: Bribing another person to obtain a copy of an exam. Cheating is: Plagiarism which means using someone’s work or someone’s ideas and representing them to be your own. That “someone” may be another student, a friend, a relative, a book author, an author of material on a web site, etc. Do not take material from anywhere without giving proper credit or reference. In other words, do not copy from an Internet source and paste it into your essay answer space. Cheating is: Collusion, which means the unauthorized collaboration with another person in preparing written work offered for credit when you represent that work to be your own. The Semester Writing Assignment will be submitted to TurnItIn.com which is a service HCCS subscribes to for identifying plagiarized material. In this class, the standard penalty for academic dishonesty is a grade of zero on the assignment. The penalty for gross plagiarism and cheating on exams is failure in the course. Depending on severity and frequency, academic dishonesty can lead to a recommendation for probation or dismissal from the College System. If you ever have any questions about what is cheating, what is plagiarism or what is unauthorized collusion, please contact your instructor before you do anything or submit anything. It is much better to ask first than to get caught. 4 Course Outline: The following reading assignments fulfill the reading, listening, and critical thinking components required by the core curriculums. October 22: (Tuesday) First day of class, No assigned reading, round-table discussion regarding current events, criminal procedure, and course expectations. Discuss writing assignment and the requirements. Chapter 1; An Overview of Criminal Justice in America October 29: (Tuesday) Chapter 2; Arrest, Appearance, and Preliminary Hearing; (pages 19-32) Chapter 2; Arrest, Appearance, and Preliminary Hearing; (pages 32-58) Chapter 2; Arrest, Appearance, and Preliminary Hearing; (pages 58-74) Chapter 3; Bail Review for Exam #1 November 05: (Tuesday) EXAM #1 November 12: (Tuesday) Chapter 4; The Charging Instrument: Indictment or Information Chapter 5; Guilty Pleas Chapter 6; Criminal Trial; (pages 174-190) and (pages 190-220) Chapter 7; Sentencing, Crimes, and Corrections; (pages 223-246) Review answers from Exam #1 and review for Exam #2 November 19: (Tuesday) EXAM #2 November 26: (Tuesday) Chapter 7; Sentencing, Crimes, and Corrections; (pages 246-260) Chapter 8; Appeals and Habeas Corpus; (pages 263-28) Chapter 9; Special Problems; Location of Trial and Double Jeopardy Chapter 10; Miscellaneous Proceedings, Juvenile Justice, Misdemeanor Trials, Damages Suits Against Police, Prisoner Rights; (pages 313-351) Review answers from Exam #2 and review for Exam #3 LAST DAY FOR ADMINISTRATIVE/STUDENT WITHDRAWALS; 4:30 P.M. December 02: (Tuesday) EXAM #3 Final Writing Assignment Due! Review answers from Exam #3 and review for Final Exam December 09: (Tuesday) FINAL EXAM; 1:00 P.M. – 4:00 P.M. In the event of unforeseen circumstances, the information on this syllabus is subject to change. I will notify you if any changes occur. POLICY REGARDING “W,” “F,” “I,” and Student Course Reinstatement Policy: Copy the following statements into your Syllabus. You may customize these statements for your class, but do not change their intent. Withdrawal from a Course (“W”)/Withdrawal Deadline It is your responsibility to officially withdraw from a class and prevent an “F” from appearing on your transcript. When considering withdrawal from a course, remember the following information: If you withdraw before the Official Date of Record, no grade is given and your transcript reflects no record of the course. A “W” (indicating withdrawal) appears on your transcript if you withdraw from a course after the Official Date of Record and before the final deadline. 5 College policy requires instructors to write “never attended” on the official roll sheet next to the names of those students who do not attend class by the Official Date of Record. If you do not attend class before the Official Date of Record, the college may automatically drop you from the course. To “attend class” in online distance education classes, you must log onto the course in WebCT (or Blackboard Vista) before the Official Date of Record. If you do not do so, “never attended” will be marked on the official roll sheet. The college may automatically drop you from the course, and you will be denied access to your course in WebCT (or Blackboard Vista). International Students: Receiving a “W” in course may affect the status of your student VISA. Once a W is given for the course, it will not be changed to an F because of the visa consideration. Since January 1, 2003, International Students are restricted in the number of distance education course that they may take during each semester. Only ONE online/distance education class may be counted towards the enrollment requirement for International Students per semester. Please contact the International Student Office at 713-718-8520 if you have any questions about your visa status and other transfer issues. A “W” (withdrawal) may negatively impact your ability to receive financial aid or your visa status if you are an international student. Students who take a course three or more times face additional tuition/fee increases at HCC and other Texas public colleges and universities. If you are considering course withdrawal because you are not earning passing grades, confer with your instructor/counselor as early as possible about your study habits, reading and writing homework, test-taking skills, attendance, course participation, and opportunities for tutoring or other assistance that might be available. The Texas Legislature passed a law limiting first time entering freshmen to no more than SIX total course withdrawals throughout their educational career in obtaining a baccalaureate degree. This policy is effective beginning with the Fall 2007 semester. There may be future penalties imposed. If you MUST withdraw, visit with your instructor, a counselor or online student services associate prior to withdrawing (dropping) the class BEFORE the “Last Day for Administrative/Student Withdrawals” posted in the HCC Schedule of Classes. Instructors are no longer allowed to process a “W” on their final grades— YOU are responsible for processing the paperwork in a timely manner. Failure of a Course (“F”) You will receive an “F” in this class if your grade is less than 60%. Receiving an “F” (failure) may negatively impact your ability to receive financial aid. It is YOUR responsibility to submit college-level quality work in a timely fashion or to withdraw yourself from the course by the deadline if you cannot complete your work satisfactorily. Incomplete (“I”) You will receive an “I” (incomplete) only in the event of a documented emergency situation that prevents you from completing the last assignment, such as the final exam. You must speak with your instructor as soon as possible in the event of such an emergency to arrange a course completion schedule. If you receive an “I,” you must arrange with the instructor to complete the course work before the end of the next long semester. After that deadline, the “I” becomes an “I/F.” All “I” designations must be changed to grades prior to graduation. The changed grade will appear on your record as “I/Grade” (ex: “I/B”). Student Course Reinstatement Policy Students have a responsibility to arrange payment for their classes when they register, either through cash, credit card, financial aid, or the installment plan. Faculty members have a responsibility to check their class rolls regularly, especially during the early weeks of a term, and reconcile the official class roll to ensure that no one is attending class whose name does not appear on it. Students who are dropped from their courses for nonpayment of tuition and fees who request reinstatement after the official date of record payment of tuition and fees who request reinstatement after the official date of record (OE Date) may be reinstated by making payment in full and paying an additional $75 per course reinstatement fee. A student requesting reinstatement should present the registrar with a completed Enrollment Authorization Form with the signature of the instructor, department chair, or dean who should verify that the student has been regularly attending class. Students who are reinstated are responsible for all course policies and procedures, including attendance requirements. A dean may waive the 6 reinstatement fee upon determination that the student was dropped because of a college error. The dean should note the nature of the error in a memo to the registrar with appropriate documentation. Expectations of Civil Conduct Students are expected to conduct themselves professionally in their communication with the instructor, their classmates, and college staff and administration. Behavior inappropriate to the collegiate setting (including but not limited to abusive/derogatory/threatening/harassing language directed at the instructor or towards other students, staff or administrators) will not be tolerated, and may result in removal from the course if severe and/or repeated. HCC Policy Statement - Students’ Responsibility to Read the HCC DE Student Handbook/Student Services The Distance Education Student Handbook contains policies and procedures unique to the DE student. Students should have reviewed the handbook as part of the mandatory orientation. It is the student's responsibility to be familiar with the handbook's contents. The handbook contains valuable information, answers, and resources, such as DE contacts, policies and procedures (how to drop, attendance requirements, etc.), student services (ADA, financial aid, degree planning, etc.), course information, testing procedures, technical support, and academic calendars. Refer to the DE Student Handbook by visiting this link: http://de.hccs.edu/de/de-student-handbook Technical Compliance Notice and How to Handle Technology Problems This class is a distance-education class using Eagle Online for notes, linked slides, and assignments and assessments. Each student must maintain Internet access throughout this course -- from start to finish. Additionally, students are expected to maintain a state of technical compliance, including (but not limited to): upto-date software as required by the instructor; a stable Internet connection; and use of the Firefox browser when using Eagle Online. The instructor will not give consideration for lost/missing/unacceptable work stemming from technical non-compliance and/or end-user technical issues, including loss of computer or battery failure. Any student who cannot keep up with the coursework owing to a lack of computer or Internet access must drop the course. Any student found to have quit logging in (1 week) and whom the instructor is unable to contact is subject to being dropped without further warning, resulting in either a "W" or a "FX" grade, depending upon the time of the term at which the behavior is noted. You must contact the distance education technicians when you have technology problems by going to http://d2.parature.com/ics/support/default.asp?deptID=8081. HCC Student Course Grade Appeal Procedure Any student who takes issue with the course or how it is taught should first express his or her specific concerns to the instructor. Any challenges to the final course grade are governed by the HCC Student Course Grade Appeal Procedure. The following statements are excerpts from the Procedure: (http://www.hccs.edu/hccs/currentstudents/student-rights-policies-procedures) “A student has a right to appeal a grade that the student believes was contrary to procedures as specified in the course syllabus or was based on bias, caprice, or computational or clerical error.” “Faculty members have a right to have the grades they assign upheld unless it is clearly demonstrated that a grade was contrary to procedures as specified in the course syllabus or was based on bias, caprice, or computational or clerical error.” “The student has the burden of proof. The student must present clear evidence that a grade was contrary to procedures as specified in the course syllabus or was based on bias, caprice, or computational or clerical error.” 7