Criminal Law - Missouri Western State University

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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
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