Temple College Criminal Justice
Courts and Criminal Procedure
CJSA 1313/CRIJ 1306
MISSION STATEMENT
The primary mission of the Temple College Criminal Justice Department is to provide
educational opportunities that will allow the student the ability to achieve their career goals. This
is accomplished in a twofold manner: 1) delivering quality criminal justice education that
provides the student with the basic knowledge, attitudes, and skills necessary to begin a career in
criminal justice, and 2) provide each student with the knowledge and ability to develop career
contacts in his or her chosen field.
Catalog Description
The judiciary in the Criminal Justice System, right to counsel, pretrial release, grand juries,
adjudication process, types and rules of evidence, sentencing.
Class Day and Time
Course Requirements
A.
Your first responsibility is to scholarship. The grade you receive will be the results of
your efforts, not a gift from the instructor.
B.
This course is designed to require a steady, continuous effort from the student. A crashcram policy will not result in the best grade possible. In addition to exams, factors such
as class participation, initiative, attendance and individual research will be considered in
grade computations.
C.
From time to time, special library and other assignments may be made given to members
of the class, individually, and/or in groups. You are expected to read all assignments and
fulfill your responsibilities to any assignment.
D.
Good class notes are indispensable for earning a good grade since both the material
assigned and material discussed will be the basis for examination material. Regular
attendance is essential for the same reason.
Examinations
A.
There will be a minimum of three examinations as follows;
1.
Three week examination
2.
Mid-Term examination
3.
Twelve-week examination 4.
Final examination
NOTE: The twelve week examination may be optional, at the instructors discretion.
B.
Unannounced short quizzes may be given covering material that has been assigned or
discussed.
C.
Occasionally a student will find it unavoidable to be absent from an examination. Only
student with excused absences will be permitted to make-up examinations. It is the
students responsibility to contact the instructor for test make-up dates.
D.
Examinations may be structured to include both subjective and objective types of
questions. At the time of testing students will be equipped with paper, pencil, and
scantron.
Evaluation of Students
1.
2.
3.
4.
Multiple choice, True/False, short answer completion, and matching.
Take home examinations.
Incentive Points
Special work (briefs, reaction papers, group projects, research paper)
Examination Dates
Three Week Examination
Twelve Week Examination
Mid-Term Examination
Final Examination
Semester Grade Computation
Exam
Three Week
Mid-Term
Twelve Week
Final Examination
Incentive Points
Special Work
Total Points
Points
100
200
200
300
50
150
1000
200
250
0
350
50
150
1000
Points
900 -1000 = A
800 - 899 = B
700 - 799 = C
600 - 699 = D
Withdrawal from a Course or Courses
From time to time a student may find it necessary to withdraw from a class or classes. The
Temple College catalog outlines the necessary procedures to properly withdraw from classes.
Refer to the catalog for the proper withdrawal policy.
Text
References:
Texas Criminal Law and Motor Vehicle Handbook, Gould Publishers of Texas Inc. 1995-1996
Module 1
SCANS Addressed
1; A,B,D,E 2;A,E 4;A 6;A
The Judiciary in the Criminal Justice System
A.
Historical Development
The student will;
1.
2.
Discuss the historical development of the judiciary in the Criminal Justice
System.
List and discuss the role of the courts in todays society.
Activities;
1.
2.
3.
4.
Lecture
Class discussion
Reading assignment
Assign Research Project & due date
Module 2
1; A,D,E 2; D,E 6;A 7;A
Structure of the American Court System
A.
Dual Court System
The student will;
1.
B.
List and discuss the function of the two types of court systems in the
United States.
Courts and Criminal Jurisdiction
The student will;
1.
2.
Identify the courts which have criminal jurisdiction.
Identify and discuss the jurisdiction of the following courts;
a.
b.
c.
d.
Court of criminal appeals
Court of appeals
District courts
Criminal district courts
e.
f.
g.
h.
I.
C.
County courts
All county courts at law with criminal jurisdiction
County criminal courts
Justice courts
Municipal courts
Courts of Record
The student will;
1.
D.
Define and discuss the purpose of a court of record.
Appellate Structure
The student will;
1.
2.
E.
List and discuss the role of the appellate courts as a rule making system.
Identify how the appellate courts cause changes in the law.
Court officers
The student will;
1.
Identify and discuss the role of the court officer.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 3
1; A,B,D,E 2;A,E 7;A
Prosecution
A.
Attorney General, District Attorney, City Attorney
The student will;
1.
Define the purpose and role of the;
a.
b.
c.
Attorney General
District Attorney
City Attorney
B.
Scope of Judicial Discretion
The student will;
1.
2.
C.
Discuss and identify the scope of prosecutorial discretion
Define prosecutorial discretion
Plea Bargaining
The student will;
1.
2.
3.
D.
Define plea bargaining
Identify and list the different type of plea bargaining
Discuss the purpose and role of plea bargaining
Court Officer vs. Police Officer roles
The student will;
1.
Compare and contrast the role of the court officer vs. the police officer
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 4
1;A,B,D,E, 2;A;E
Right to Counsel
A.
Public Defender System
The student will;
1.
2.
3.
B.
Discuss the legal authority for the public defender system
Discuss the justification for the public defender system
List and define the organization and staffing of the public defender system
Relevant case law
The student will;
1.
List and discuss relevant case law pertaining to the public defender system
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 5
1;A,B,D,E 2;A,E
Pre-trial Release
A.
Bail
The student will;
1.
B.
Define Bail and its purpose
Diversion
The student will;
1.
C.
Define and discuss the purpose of diversion
Release on Recognizance
The student will;
1.
D.
Define and discuss personal recognizance bond and its purpose
Relevant Case Law
The student will;
1.
E.
Discuss and identify relevant case law pertaining to bail
Social and Political Issues
The student will;
1.
Discuss the social and political issues relating to bail
Activities;
1.
Lecture
2.
3.
Class discussion
Reading assignment
Module 6
1;A,B,D,E 2;A,E
Grand Juries
A.
Functions of the Grand Jury
The student will;
1.
2.
3.
List and discuss the functions of the grand jury
Identify the methods used to select a grand jury
List and discuss the purpose of the grand jury
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 7
1;A,B,D,E 2;A,E
Process Adjudication
A.
Accusatory Pleadings
The student will;
1.
B.
Identify and define the types of accusatory pleadings
Jurisdiction and Venue
The student will;
1.
2.
3.
4.
C.
Define jurisdiction
Identify the purpose of jurisdiction
Define venue
Identify the purpose of venues
Arraignment and Preliminary Examination
The student will;
1.
2.
D.
Identify the procedures at an arraignment
Discuss the purpose of a preliminary examination
Trial Proceedings
The student will;
1.
2.
3.
4.
5.
6.
7.
E.
List and discuss the types of motions available to attorneys
List and discuss the role of the judge
List and discuss the role of the jury
Identify the method used to select a jury
Define and identify the purpose of voir dire
Define and identify the purpose of sequestration
Define verdict and its role in a trial
Post Conviction Remedies
The student will;
1.
F.
List the different types of punishments levied upon conviction
Variations in Juvenile Procedure
The student will;
1.
Compare and contrast the variations in juvenile justice procedures from
the adult justice procedures
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 8
1;A,B,D,E, 2;A,E
Types and Rules of Evidence
A.
Evidence
The student will;
1.
2.
Define evidence
Identify the purpose of evidence
B.
Forms of Evidence
The student will;
1.
2.
3.
4.
C.
Define and identify real evidence
Define and identify documentary evidence
Define identify testimonial evidence
Define identify judicial notice
Types of Evidence
The student will;
1.
2.
3.
4.
D.
Define and identify direct evidence
Define and identify circumstantial evidence
Define and identify cumulative evidence
Define and identify corroborative evidence
Admissibility
The student will;
1.
2.
3.
4.
5.
E.
Define relevancy
Identify the importance of relevancy
Define materiality
Identify the importance of materiality
Compare and contrast relevancy and materiality
Witness and Privileged Communications
The student will;
1.
2.
3.
F.
Define and identify the role of a witness
Define privileged communication
List and discuss the different types of privileged communications
Hearsay Rule and its Exceptions
The student will;
1.
2.
Define and identify the hearsay rule
List and discuss the exceptions to the hearsay rule
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 9
1;A,B,D,E 2;A,E
Sentencing
A.
Pre-sentencing Investigations
The student will;
1.
B.
Define and identify the purpose of the pre-sentencing investigation
Judicial Discretion
The student will;
1.
C.
Define and identify the role of judicial discretion
Variations in Sentencing Statutes
The student will;
1.
2.
3.
4.
Define and identify the role of sentencing
Define and identify the role of determinate sentencing
Define and identify the role of indeterminate sentencing
Define and identify the role of prescriptive sentencing
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
SCANS Skills
Foundation Skills defined in three areas; basic skills, thinking skills, and personal
qualities.
1.
Basic skills: a worker must read, write, perform arithmetic and
mathematical operations, listen, and speak effectively. These skills include;
A.
B.
C.
D.
E.
2.
Thinking Skills: A worker must think creatively, make decisions, solve
problems, visualize, know how to learn, and reason effectively. These skills
include;
A.
B.
C.
D.
E.
F.
3.
Reading: locate, understand, and interpret written information in prose and
in documents such as manuals, graphs, and schedules.
Writing: communicate thoughts ideas, information, and messages in
writing, and create documents such as letters, directions, manuals, reports,
graphs, and flow charts.
Arithmetic and Mathematical Operations: perform basic computations and
approach practical problems by choosing appropriately from a variety of
mathematical techniques.
Listening: receive, attend to, interpret, and respond to verbal messages and
other cues.
Speaking: organize and communicate orally.
Creative Thinking: generate new ideas.
Decision Making: specify goals and constraints, generate alternatives,
consider risks, and evaluate and choose the best alternative.
Problem Solving: recognize problems and devise and implement plans of
action.
Visualize: organize and process symbols, pictures, graphs, objects, and
other information.
Knowing How to Learn: use efficient learning techniques to acquire and
apply new knowledge and skills.
Reasoning: discover a rule or principle underlying the relationship
between two or more objects and apply it when solving a problem.
Personal Qualities: A worker must display responsibility, self esteem,
sociability, self management, integrity, and honesty. These skills include;
A.
B.
C.
D.
E.
Responsibility: exert a high level of effort and persevere toward goal
attainment.
Self Esteem: believe in one’s own self-worth and maintain a positive view
of oneself.
Sociability: demonstrate understanding, friendliness, adaptability,
empathy, and politeness in group settings.
Self Management: assess oneself accurately, set personal goals, monitor
progress, and exhibit self control.
Integrity and Honesty: choose ethical courses of action.
Workplace Competencies are defined in five areas: resources, interpersonal skills,
information, systems, and technology.
4.
Resources: A worker must identify, organize, plan, and allocate resources
effectively.
A.
Time: Select goal-relevant activities, rank them, allocate time, and prepare
and follow schedules.
B.
Money: Use or prepare budgets, make forecasts, keep records, and make
adjustments to meet objectives.
C.
Material and Facilities: Acquire, store, allocate, and use materials or space
efficiently.
D.
Human Resources: Access skills and distribute work accordingly, evaluate
performance and provide feedback.
5.
Interpersonal Skills: A worker must work with others effectively.
A.
B.
C.
D.
E.
F.
6.
Information: A worker must be able to acquire and use information.
A.
B.
C.
D.
7.
Acquire and Evaluate Information.
Organize and Maintain Information.
Interpret and Communicate Information.
Use Computers to Process Information.
Systems: A worker must understand complex interrelationships.
A.
B.
C.
8.
Participate as a Member of a Team: contribute to group effort.
Teach others new skills.
Serve Clients/Customers: work to satisfy customers’ expectations.
Exercise Leadership: communicate ideas to justify position, persuade and
convince others, responsibly challenge existing procedures and policies.
Negotiate: work toward agreements involving exchange of resources,
resolve divergent interests.
Work with Diversity: work well with men and woman from diverse
backgrounds.
Understand Systems: know how social, organizational, and technological
systems work and operate effectively with them.
Monitor and Correct Performance: distinguish trends, predict impacts on
system operations, diagnose deviations in systems’ performance and
correct malfunctions.
Improve or Design Systems: suggest modifications to existing systems
and develop new or alternative systems to improve performance.
Technology: A worker must be able to work with a variety of technologies.
A.
B.
Select Technology: choose procedures, tools, or equipment including
computers and related technologies.
Apply Technology: choose procedures, tools or equipment including
C.
computers and related technologies.
Maintain and Troubleshoot Equipment: Prevent, identify, or solve
problems with equipment, including computers and other technologies.