Temple College Criminal Justice Legal Aspects of Criminal Law CJSA 2300/CRIJ 2323 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. Course Description This course will discuss the law enforcement officers authority, responsibilities, constitutional constraints in making arrests. Laws of arrest, search and seizure and police liability. 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. 3. Three week examination Twelve-week examination 2. 4. Mid-Term examination 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: Module 1 Sources of Police Authority A. Police Powers The student will; 1. 2. B. Define police power. Identify were the police derive their power. Constitutions The student will; 1. 2. 3. 4. C. Identify the Constitutions that define police authority. List and define the Bill of Rights. Discuss the history of the United States Constitution. Discuss the history and purpose of the Texas Constitution. State Statutes The student will; 1. D. Discuss the methods used to create and enact state statutes. Traditions The student will; 1. Identify and Discuss the role traditions/customs play in making laws. Activities; 1. 2. 3. Lecture Class discussion Reading assignment Module 2 Police Responsibilities A. Legal obligation to enforce the law The student will; 1. 2. B. Identify the legal obligation to enforce statutory laws. List the statutes binding an officer to enforcing the law. Legal obligation to uphold the Constitution The student will; 1. 2. Identify and discuss the need for making a constitutional arrest. Identify and discuss the problems associated with making an illegal arrest. Activities; 1. 2. 3. Lecture Class discussion Reading assignment Module 3 Constitutional Constraints A. Bill of Rights The student will; 1. 2. 3. 4. 5. B. Discuss the history of the Bill of Rights. Define due process and its relationship to the criminal justice system. Define Equal Protection of the Law and its relationship to the criminal justice system. Define and discuss the term ” applicability to the states”. Determine which amendment makes the Bill of Rights applicable to the states. Exclusionary Rule The student will; 1. 2. 3. 4. 5. Discuss the history of the Exclusionary rule. List the exceptions to the Exclusionary rule. Define the concept of “Police the Police” as it relates to the Exclusionary rule. Define and discuss the “Fruit of the Poisonous Tree” doctrine. Define and discuss the “Silver Platter” doctrine. Activities; 1. 2. 3. Lecture Class discussion Reading assignment Model 4 Laws of Arrest, Search, and Seizure A. Definitions The student will; 1. 2. 3. 4. B. Define and contrast arrest and detention. Define and contrast search and frisk. Define and contrast probable cause and reasonable suspicion. Define entrapment. Legal Justification for Arrest or Detention The student will; 1. C. List and identify situations which are legal justifications for arrest or detentions. Legal Justification for Search and Frisk The student will; 1. D. List and identify situations which are legal justifications for search or frisk. Scope and type of Searches The student will; 1. 2. E. List the different types of search. Determine the scope of each type of search. Search Incident to Arrest The student will; 1. Define search incident to arrest. 2. Discuss the purpose of search incident to arrest. 3. 4. F. Identify the scope of search incident to arrest. List the requirement of search incident to arrest. Plainview The student will; 1. 2. 3. 4. G. Define Plain view; Discuss the purpose of Plain view List the requirement of a Plain view seizure. Identify the scope of a Plain view seizure. Consent to Search The student will; 1. 2. 3. 4. 5. 6. H. Define consent to search. List the types of consent to search. Discuss the purpose of consent to search. Identify the scope of consent to search. Discuss the need for the voluntariness requirement. Identify who may give consent to search. Warrantless Search and Seizure of Vehicles The student will; 1. 2. 3. 4. I. Define and identify the scope of vehicle searches. Identify the circumstances which permit an inventory of a vehicle. Discuss the need for a department policy defining the requirement of an impoundment and subsequent inventory. Define Emergency Circumstance/Exigent Circumstances. Open Fields and Abandoned Property The student will; 1. 2. 3. 4. 5. 6. Define the “open field” doctrine. Define abandoned property. Define curtilage. Discuss reasonable expectation of privacy and its effect on seizure of evidence. Determine when property has been legally abandoned. Discuss the necessity of lawful police behavior when recovering abandoned property. J. Stop and Frisk The student will; 1. 2. K. Define stop and frisk Define a stop. Use of Warrants The student will; 1. 2. 3. 4. List and define the two types of warrants. Determine the purpose each warrant. List the prerequisites required for a warrant Identify situations in which a warrant is necessary. Activities; 1. 2. 3. Lecture Class discussion Reading assignment Module 5 Case Studies in Arrest, Search and Seizure A. Case Studies Given specific case studies the student will; 1. 2. 3. 4. 5. 6. 7. 8. B. Identify the existence of probable cause to search or arrest. Identify when an arrest is authorized or occurred. Discuss when a search incident to arrest has occurred. Discuss when a consent to search had been authorized. List the necessary requisites for a Plain view seizure. Identify circumstances that allow a vehicle search. Identify when an officer may properly seize evidence which has been abandoned. Determine when an officer may stop and frisk a suspicious person. Briefs The student will; 1. 2. Locate and identify cases relating to arrest, search and seizure cases; Given case studies identify when a; a. b. c. d. e. f. search incident to arrest is permissible, consent to search is given, Plain view seizure may occur, warrantless search of a vehicle may take place, seizure of abandoned property may take place, stop and frisk is permissible. Activities; 1. 2. 3. Lecture Class discussion Reading assignment Module 6 Police Liability A. Civil The student will; 1. 2. 3. B. Define vicarious liability. Define strict liability. Contrast between vicarious and strict liability. Criminal The student will; 1. Criminal liability at the state and federal levels. Activities; 1. 2. 3. Lecture Class discussion Reading assignment