MISSOURI WESTERN STATE UNIVERSITY Department of Criminal Justice, Legal Studies, & Social Work LAW 260 – Criminal Law Montella Smith, J.D. – Assistant Professor Office Hours: By Appointment Msmith84@missouriwestern.edu Phone: 816-271-4434 COURSE DESCRIPTION Explores the origin, development, and classification of substantive criminal law; reviews the laws of evidence of the particular importance at the operational level of law enforcement and criminal procedures in arrest, force, search and seizure. REQUIRED TEXT: CRIMINAL LAW. Sue Titus Reid, 9th Edition GENERAL COURSE OBJECTIVES: 1. Origin, development, and classification of substantive criminal law 2. Differences between criminal law and civil law and the outcomes of each 3. Standards of proof and essential elements of proof of criminality 4. Limitations on criminal law 5. Concept of criminal liability and legal criminal defenses 6. Establishment of mens rea and capacity to commit a crime 7. Constitutional rights versus safety and order in society 8. Levels of culpability 9. Purpose of criminal punishment and sentencing 10. Inchoate offenses 11. Aspects of criminal homicide and effects of terrorism 12. Types of evidence & credibility of evidence 13. Exclusionary rule and fruit of the poison tree doctrine 14. The legal exemption of immunity & privilege GRADING CRITERIA This course will be graded on a standard grading scale. The course grade will be determined by a total culmination of points earned during the semester. The standard grading scale is: A B C D F 90% - 100% 80% - 89% 70% - 79% 60% - 69% 0% - 59% REQUIREMENTS and ASSIGNMENTS 1. This course will consist of two (4) examinations (weather/time dependent). Each examination will be worth 100 points. The testing format will vary with each examination, however many of the questions will be short answer, listing, multiple choice, true or false, and fill-in the blank on a few occasions. Test material will be taken from: assigned readings, class materials and discussion examples – which MAY NOT be listed in the text, and class handouts. Students who miss an exam must make an appointment with the instructor to arrange for a make-up exam within 24 hours of the exam date. Students may be required to produce a doctor’s note or other evidence of an emergency that caused the absence. Such evidence may include receipts for emergency medical treatment or roadside automotive services. 2. Analysis assignments: Students will be given a scenario and will be expected to identify issues and engage in critical analysis. Students will be graded on their ability to identify important details and to explain the significance of facts and evidence. 3. The student will be required to write a (10) ten page analysis paper on an issue related to criminal law. Details will be provided in the assignment. TERM PAPER GUIDELINES I. Paper Format A. 10 pages (Title page, table of contents, etc. does not count in the total page count) a. 1 inch margins on sides and 1 inch margin top/bottom b. c. d. e. 12 point font Times New Roman or Arial Double spaced Paper pages should be numbered in the lower right corner B. APA style C. Construction a. b. c. d. e. f. II. Title Page I. Top of page – Title of paper II. Bottom section of page Your Name, LAW 190, Date Contents Page – Your objectives to be covered Paper Works Cited Page Appendices – If included Stapled in the top left corner – no paper clips or loose papers Sources A. Minimum of four (4) scholarly (peer reviewed) sources – can be either electronic journals or text books III. Plagiarism A. Plagiarism will result in a zero for the assignment. Please note that plagiarism can also adversely impact your employability in the Criminal Justice field and/or admission to graduate or law school. IV. Late Papers A. Late papers will not be accepted CLASS DEMEANOR Please treat your classmates with respect and courtesy. During our lives we will encounter people with different experiences and perspectives. We should embrace our differences and learn from each other. Some topics we will study may be controversial and emotional. Discourteous and abusive remarks will not be tolerated and will meet with swift disciplinary action. ATTENDANCE Regular attendance is necessary and it is the student’s responsibility to notify the instructor when unable to attend class or complete assignments. Students who participate in discussions and keep up with the reading schedule tend to succeed. Log on to the course often so that you remain current on materials. Acceptance or allowing make up work is at the discretion of the instructor. Assignment and exams dates are subject to change. It is the student’s responsibility to keep informed of all course changes through regular class attendance. CLASS PARTICIPATION/DISCUSSION Students are encouraged to participate in class discussions and to freely express their opinions about the concepts of the course. All students will be respectful of each other’s opinions. Students are expected to have read the assigned material and actively participate in class activities and discussions. Students will be called upon to answer questions and to discuss issues related to the class materials. Students will be graded on their preparedness and participation. ACCESSIBILITY RESOURCE CENTER Any student in this course who has a disability that prevents the fullest expression of abilities should contact me privately, as soon as possible, so that we may discuss class requirements. Alternatively you may contact the Accessibility Resource Center at (816) 271-4330 (Eder Hall 203). If you had an IEP in high school you do not automatically qualify for reasonable accommodations at MWSU. Additional information may be found at: www.missouriwestern.edu/ds. ACADEMIC HONESTY and STUDENT DUE PROCESS Academic honesty is required in all academic endeavors. Violations of academic honesty include any instance of plagiarism, cheating, seeking credit for another’s work, falsifying documents or academic records, or any other fraudulent activity. Violations of academic honesty may result in a failing grade on the assignment, failure in the course, or expulsion from the University. When a student’s grade has been affected, violations of academic honesty will be reported to the Provost or designated representative on the Academic Honesty Violation Report forms. Please see the Western Student Handbook and Calendar for specific activities identified as violations of this policy and the student due process procedure. This handbook is also available online at http://www.missouriwestern.edu/handbook/index.pdf SCHOOL CANCELLATION POLICY Missouri Western State University will close only in extraordinary circumstances. If the university plans to close due to weather/road conditions, the decision will be made as follows: Daytime Closing - normally the decision will be made by 6 am. Evening Closing - normally the decision will be made by 4 pm. Information on Western closing will be posted on the home page of the website at www.missouriwestern.edu. The information will also be broadcast on the following television stations: KCTV TV-5, KMBC TV-9, KQTV TV-2, KSHB TV-41, and WDAF TV-4; and the following radio stations: KAAN 95.5, KBEQ 104.3, KCUR 89.3, KFEQ 680, KFKF 94.1, KGNM 1270, KKJO 105.5, KKWK 100.1, KMBZ 980, KMRN 1360, KMXV 93.3, and KSJQ 92.7. If closings are not reported on the aforementioned stations, it should be assumed the university is open. It should be noted the university administration will take several factors into consideration when making the decision to close the university due to weather/road conditions. Therefore, it cannot be assumed the university will close when area schools are closed. An assignment will be placed on the Moodle Course in the event the University is closed. Fall 2014 Academic Calendar Classes are online. Classes Begin Monday January 13, 2014 Last Day to Withdraw is March 28, 2014 Spring Break: March 9 to March 16, 2014 Final Exam is Monday May 5, 2014 from 11:30 to 1:20 p.m. Final Grades due May 8, 2014