Temple College Criminal Justice Fundamentals of Criminal Law CJSA 1327/CRIJ 1310

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Temple College Criminal Justice

Fundamentals of Criminal Law

CJSA 1327/CRIJ 1310

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

A study of the nature of criminal law; philosophical and historical development, major definitions and concepts, classification of crimes; elements of crimes and penalties using Texas statutes as illustrations, criminal responsibility; and use of force law and concepts.

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 2.

Twelve-week examination 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.

Multiple choice, True/False, short answer completion, and matching.

Take home examinations.

3.

4.

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

Points

100 200

200 250

Twelve Week

Final Examination

200 0

300 350

Points

900 -1000 = A

800 - 899 = B

700 - 799 = C

600 - 699 = D

Incentive Points

Special Work

50

150

50

150

Total Points 1000 1000

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:

Gardner, Thomas J., Anderson, Terry, Criminal Law Principles and Cases, 6th edition, West

Publishing Company, 1996.

Module 1 SCANS Competencies

1;A,B,D,E 2;A,E 6,A 8;B

Nature of Criminal Law

A. Nature of Criminal Law

The student will;

1.

2.

List and discuss the goals of criminal law.

Identify and list the characteristics of criminal law.

B. The Adversary System

The student will;

1.

2.

Describe the adversary system.

Discuss the purpose of the adversary system.

C. Sources of Criminal Law

The student will;

1. List the sources of criminal law.

2. Describe the impact of each source on criminal law

Activities;

1.

2.

3.

4.

Lecture

Class discussion

Reading assignment

Assign research paper & due date

Module 2

1;A,B,D,E 2;A,E

Philosophical and Historical Development

A. Origins and Development of American Criminal Law

The student will;

B. The Political Setting of Criminal Law

The student will;

1. Describe how different political settings may effect criminal law.

C. The Judicial Role in Criminal Law

The student will;

1. Describe the role of the courts in criminal law.

Activities;

1.

2.

3.

Module 3

Lecture

Class discussion

Reading assignment

1;A,B,D,E 2;A,E

Major Definitions and Concepts

A. Malum in se vs. Malum prohibitum

The student will;

1.

2.

Define malum in se.

Define Malum prohibitum

3. Compare and contrast Malum in se and Malum prohibitum.

B.

1.

2.

Discuss the impact of common law on present-day law.

List and describe the constitutional guarantees that effect the law.

Substantive Law vs. Procedural Law

The student will;

1.

2.

Define substantive law

Define procedural law

3. Compare and contrast substantive law and procedural law

C. Corpus Delicti

The student will;

1.

2.

Define corpus delicti

Discuss the relevance of corpus delicti in a crime.

D. Mens Res vs. Actus Rea

The student will;

1.

2.

3.

Define mens res.

Define Actus Reas.

Compare and contrast mens res and actus reas.

E. Stare Decisis vs. Precedent

Activities;

1.

2.

3.

Module 4

The student will:

1.

2.

3.

Define stare decisis.

Define precedent.

Compare and contrast stare decisis and precedent.

Lecture

Class discussion

Reading assignment

1;A,B,D,E 2;A,E

Classification of Crime

A. Felony

The student will;

1.

2.

Define felony.

List the types of felonies.

3.

4.

5.

Compare and contrast crimes against persons and crimes against property.

List the crimes against persons and elements of each offense.

List crimes against property and the elements of each offense.

B. Misdemeanor

The student will;

1.

2.

3.

Define misdemeanors

List the types of misdemeanors and the elements of each offense.

Compare and contrast felonies and misdemeanors.

C. Breach of Peace

The student will;

1.

2.

3.

Define breach of the peace.

List the breach of peace offenses.

Distinguish breach of peace offenses from felonies and misdemeanors.

D. Morals Offenses/Victimless Crimes

The student will;

1.

2.

3.

4.

Define victimless crimes offenses.

List victimless crimes offenses.

Discuss the need for laws against victimless crimes.

Describe the trends in the acceptance of victimless crimes.

E. Inchoate Offenses (Preparatory Offenses)

The student will;

1.

2.

3.

4.

Define criminal attempt.

Define conspiracy.

Define solicitation.

List the punishments for each inchoate offense.

F. Lesser Included Offense

The student will;

1.

2.

3.

Describe the lesser included offense doctrine

Discuss the case law that applies to the lesser included doctrine.

Discuss the impact of the lesser included offense doctrine.

G. Habitual Criminal Offenses (Habitual and Repeat Offenders)

The student will;

1.

2.

3.

Define repeat and habitual felony offenders.

Discuss the “Three Strikes You’re Out Doctrine”.

Define enhancement.

4.

Activities;

Define habitual and repeat misdemeanor offenders.

1.

2.

3.

Lecture

Class discussion

Reading assignment

Module 5

1;A,B,D,E 2;A,E 6;A,D

Criminal Responsibility

A. Capacity to Commit Crime

The student will;

1.

2.

3.

4.

Medieval concepts of criminal responsibility

Discuss the concept of infancy and criminal responsibility.

Describe the age of reason.

Discuss Texas law as it pertains to age affecting criminal responsibility.

B. Causation (Proximate Cause)

The student will;

1.

2.

Define causation.

Discuss case law pertaining to causation

C. Diminished Responsibility

The student will;

1.

2.

3.

4.

Define insanity

Define and discuss the M’Naghten case and the “Right and Wrong” test.

Define and discuss the “Substantial Capacity” test.

Discuss what happens if a defendant is or becomes insane during, the commission of a crime, the subsequent trial and punishment.

Activities;

1.

2.

3.

Lecture

Class discussion

Reading assignment

Module 6

Use of Force

A. Use of Force Law

1;A,B,D,E 2;A,E, 6;A

4.

5.

6.

7.

8.

The student will;

1.

2.

3.

Define use of force.

Define custody.

Define deadly force.

Define force.

Define necessary force

Define reasonable force.

List and explain the legal authority for the use of force.

Discuss the civil liability of officers and legal remedies available to citizens when excessive/unnecessary force is used.

B. Use of Force Concepts

3.

4.

The student will;

1.

2.

Describe the psychological aspects of the use of force.

Identify the factors for using force when effecting an arrest.

5.

Identify the most common types of shooting incidents involving peace officers.

Identify and list the most common types of resistance encountered by law enforcement officers.

Identify considerations and forces affecting an officer’s decision to use deadly force.

C. Force Options

6.

7.

The student will;

1. List and discuss the force options available to officers.

2.

3.

4.

5.

Identify the principal considerations in applying a use of force continuum.

Discuss the impact of an officer’s professional presence.

Identify the communication strategies available in dealing with the public.

Identify elements every officers must recognize and control in every encounter.

Identify helpful tools used in redirecting someone’s behavior using verbal persuasion.

Identify the procedures followed after an officer involved shooting.

8.

9.

Identify possible consequences arising from improper or excessive use of force.

Identify the factors the courts use to determine if reasonable force was used in a case.

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. Reading: locate, understand, and interpret written information in prose and in documents such as manuals, graphs, and schedules.

B. Writing: communicate thoughts ideas, information, and messages in writing, and create documents such as letters, directions, manuals, reports, graphs, and flow charts.

C. Arithmetic and Mathematical Operations: perform basic computations and approach practical problems by choosing appropriately from a variety of mathematical techniques.

D. Listening: receive, attend to, interpret, and respond to verbal messages and other cues.

E. Speaking: organize and communicate orally.

2. Thinking Skills: A worker must think creatively, make decisions, solve problems, visualize, know how to learn, and reason effectively. These skills include;

A. Creative Thinking: generate new ideas.

B. Decision Making: specify goals and constraints, generate alternatives, consider risks, and evaluate and choose the best alternative.

C. Problem Solving: recognize problems and devise and implement plans of action.

D. Visualize: organize and process symbols, pictures, graphs, objects, and other information.

E. Knowing How to Learn: use efficient learning techniques to acquire and apply new knowledge and skills.

F. Reasoning: discover a rule or principle underlying the relationship

between two or more objects and apply it when solving a problem.

3. Personal Qualities: A worker must display responsibility, self esteem, sociability, self management, integrity, and honesty. These skills include;

A. Responsibility: exert a high level of effort and persevere toward goal attainment.

B. Self Esteem: believe in one’s own self-worth and maintain a positive view of oneself.

C. Sociability: demonstrate understanding, friendliness, adaptability, empathy, and politeness in group settings.

D. Self Management: assess oneself accurately, set personal goals, monitor progress, and exhibit self control.

E. 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. Participate as a Member of a Team: contribute to group effort.

B. Teach others new skills.

C.

Serve Clients/Customers: work to satisfy customers’ expectations.

D. Exercise Leadership: communicate ideas to justify position, persuade and convince others, responsibly challenge existing procedures and policies.

E. Negotiate: work toward agreements involving exchange of resources, resolve divergent interests.

F. Work with Diversity: work well with men and woman from diverse backgrounds.

6. Information: A worker must be able to acquire and use information.

A. Acquire and Evaluate Information.

8.

7.

B. Organize and Maintain Information.

C. Interpret and Communicate Information.

D. Use Computers to Process Information.

Systems: A worker must understand complex interrelationships.

A. Understand Systems: know how social, organizational, and technological systems work and operate effectively with them.

B. Monitor and Correct Performance: distinguish trends, predict impacts on system operations, diagnose deviations in systems’ performance and correct malfunctions.

C. 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. Select Technology: choose procedures, tools, or equipment including computers and related technologies.

B. Apply Technology: choose procedures, tools or equipment including computers and related technologies.

C. Maintain and Troubleshoot Equipment: Prevent, identify, or solve problems with equipment, including computers and other technologies.

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