ADJU 201 SDCCD Online; Miramar College ADJU 201 “California Criminal Procedure” Fall Semester 2008: 08/25/08 – 12/17/08 © 2004 by David Mehlhoff, rev. 2008 Use these “quickLinks” for easier navigation: SYLLABUS AGREEMENT COURSE INFORMATION GRADING POLICY STUDENT CODE OF CONDUCT ATTENDANCE ASSESSMENTS PARTICIPATION D.S.P.S. A FINAL WORD ABOUT THESE POLICIES SCHEDULE OF IMPORTANT DATES Table of Contents I. SYLLABUS AGREEMENT ....................................................................................................... 3 II. COURSE INFORMATION ....................................................................................................... 4 Course Description.............................................................................................................. 4 Course Objectives ............................................................................................................... 4 Required Textbooks ............................................................................................................ 4 Instructor Information ......................................................................................................... 4 Instructor Biography ........................................................................................................... 4 III. GRADING POLICY ................................................................................................................. 5 Evaluation Content Point Scale .......................................................................................... 5 Grading Rubric.................................................................................................................... 5 IV. STUDENT CODE OF CONDUCT .......................................................................................... 6 Academic Honesty and Integrity (Cheating and Plagiarism Policy) .................................. 6 Use of course communication mediums (chat, discussion boards, and email) ................... 6 Professionalism and Respect Policy ................................................................................... 7 V. ATTENDANCE ......................................................................................................................... 7 Weekly Requirements ......................................................................................................... 7 Withdrawal Regulations...................................................................................................... 7 VI. ASSESSMENTS....................................................................................................................... 7 1 ADJU 201 VII. PARTICIPATION ................................................................................................................... 8 Student Biography .............................................................................................................. 8 About Discussion Board Postings ....................................................................................... 8 Discussion Board Requirements ......................................................................................... 9 VIII. D.S.P.S. ................................................................................................................................ 10 IX. A FINAL WORD ABOUT THESE POLICIES ..................................................................... 10 X. SCHEDULE OF IMPORTANT DATES ................................................................................ 11 Top 2 ADJU 201 I. SYLLABUS AGREEMENT PRINT A COPY OF THIS SYLLABUS FOR YOUR REFERENCE By enrolling and remaining in this online course you agree to abide by all the assignments, directives, and policies listed in this syllabus and you acknowledge the following: a. You have taken the student tutorials offered by SDCCD Online and you have an understanding of how to navigate within an online course. b. You have read the Academic Honesty and Integrity policy and you will not engage in any form of academic dishonesty in this course; knowing the full consequences if you do. c. You understand how to operate a computer, send e-mail with attachments, and navigate on the Internet. d. You either own a computer or have regular access to one and you will keep your computer equipment maintained and running free of viruses during this course. e. If your primary computer is down for an extended duration you will use a secondary one (at the public library, college campus, Internet café, friend’s house, etc.). f. This is a self-directed course and you will regularly participate in the posted discussions and other assignments; checking the discussion boards at least three to four times throughout the calendar week. g. You will keep track of assignments, exams and project due dates as listed in this syllabus under Schedule of Important Dates. You have no appeal to the instructor if you miss the due date for an assignment, exam, project, etc. h. You will respond to the instructor in a timely manner when directed to do so. i. You will heed all directives set forth by the instructor during the semester that facilitate the instruction of this course online; this includes posted announcements on the course’s homepage, discussion board postings, and email messages. j. With prior student notification, the instructor reserves the right to make any modifications to this syllabus as circumstances dictate to facilitate the instruction of this course. Any technical problems must be directed to SDCCD Online; the instructor will not provide technical support if you are having computer problems. Any violation of this Syllabus Agreement could result in a grade penalty assessed against your overall course grade. Top 3 ADJU 201 II. COURSE INFORMATION Course Description This course provides a comprehensive look at the origin, development, philosophy and legal basis of criminal procedures in California. This includes a comprehensive examination of procedural state law, case law, California court system, Grand Jury system, trial procedures, sentencing, laws of arrest, use of force, and rules of evidence. Course Objectives After completion of this course, the student will have a greater understanding of the following: The sources of California criminal procedure. The various components of the criminal justice system. Investigation, arrest, and crime charging procedures. Court and trial procedures including; testimonial, sentencing and appeal procedures. Organization of the criminal justice system including juvenile justice procedures. Required Textbooks Scheb, J. and Scheb II, J. Criminal Procedure; 5th edition. Belmont, CA: Thomson Wadsworth Publishing Company, 2009. ISBN: 978-0-495-50386-6 Snipes, J. Guide to Criminal Procedure for California. Belmont, CA: Thomson Wadsworth Publishing Company, 2005. ISBN: 0-534-64344-2 NOTE: The California Penal Code and Vehicle Code are not required for purchase in this course. Although they are recommended, especially if you are an Administration of Justice major, you can just as well find the same legal information via the Internet. Instructor Information David Mehlhoff, M.A. Office hours: Contact via online. Contact: Use e-mail to contact the instructor about a private matter; allowing 24-48 hours for a response Monday - Friday. Any message sent during the weekend will be answered the following Monday or Tuesday. If you have a question about the topic, then post your question under General Student Questions on the Discussion Board. Instructor Biography Mr. Mehlhoff is a twelve year law enforcement veteran and he is now retired from the San Diego Police Department. He earned a B.A. degree in Political Science from San Jose State University and an M.A. degree in Leadership Studies from the University of San Diego. In addition to teaching Administration of Justice courses in this degree program, he also teaches a variety of criminal investigations and criminal law courses at the San Diego Regional Law Enforcement Academy at Miramar College. Top 4 ADJU 201 III. GRADING POLICY The instructor does not give progress reports; you are responsible for keeping track of your progress throughout the semester by recording your grades for the examinations, papers, and for keeping track of your participation in the discussions. The participation component is not graded until after the semester concludes and the attendance is tabulated from the Discussion Board participation. Your final grade will reflect the points you earned in this course; if you fall behind too much you will not be able to catch up. Extra credit is not available in this class so please do not ask. Evaluation Content Point Scale Evaluation Content Participation (ALL Discussion Board Topics) Exam One Exam Two Exam Three Out of 100 possible points 30 points (30%) 20 points (20%) 20 points (20%) 30 points (30%) Grading Rubric The following Grading Rubric will be used in evaluating your effort in this class: A: Outstanding academic work. Student demonstrates well-founded research with critical thought and analysis throughout and logically drawn conclusions; the work is a model for other students to emulate. Points earned are 90% - 100% of total. B: Grasps subject matter at a level considered being above average. Initiative is taken to demonstrate critical thought, analysis, and to draw logical conclusions. Points earned are 80% - 89% of total. C: Demonstrates comprehension of subject matter; academic work meets minimum assignment requirements. Critical thought and analysis is attempted but not consistent. Points earned are 70% - 79% of total. D: Below minimum standard academic work; does not meet the minimum requirements and is barely acceptable. Work does not show initiative or critical thought; illogically drawn conclusions are not supported with fact. Points earned are 60% - 69% of total. F: Quantity and quality of work is unacceptable. Fails to meet any standard for collegelevel; assignments are not completed or incomplete and missing major components. Points earned are below 60% of total. Remember, you are responsible for the grade you earn in this class; what you receive depends upon your earned points over the course of the semester. You are given every opportunity to succeed so it is up to you to embrace it; the instructor is not responsible for your sub-par or failing performance in this course at the end of the term. Top 5 ADJU 201 IV. STUDENT CODE OF CONDUCT The following policies include all communication mediums available in this course; chat rooms, discussion board, e-mail, telephone conversations, and any other means not mentioned but used in this course. Academic Honesty and Integrity (Cheating and Plagiarism Policy) Any student found in violation of the following “Academic Honesty and Integrity” policy will receive a "0" for that assignment, forfeit all participation points for this course, and possibly receive an "F" in the course. It is the instructor’s discretion to report violations of this policy to the college administration for adverse action against the offending student. Students are expected to be honest and ethical at all time in their pursuit of academic goals in accordance with Policy 3100; Student Rights, Responsibilities and Administrative Due Process. Procedure 3100.3 describes the "Academic and Administrative Sanctions for Students" found to be cheating. A copy of Procedure 3100.3 can be obtained in the Office of the Vice President of Student Services. Cheating, plagiarism or other forms of academic dishonesty is unacceptable and will not be tolerated in every aspect of this course. Examples of violations of this policy include (but are not limited to): Copying and pasting the work of another and presenting it as your own work; with or without reference acknowledgement. This includes (but not limited to); pasting into your written work another’s text without proper references and/or formatting. Submitting identical text or lengthy paraphrasing of the writings or work of another, with or without reference acknowledgement. Submitting material and/or writings portrayed as your own work that was; copied, loaned, purchased, stolen, or downloaded. Submitting work presented in another course. Collaborating with another person (either a student or non-student) in work to be presented without permission of the instructor. Knowingly and willingly working with another person to commit academic dishonesty. Altering or interfering with grading procedures. Failure to report to the instructor in a timely manner knowledge of academic dishonesty by another student in this course (your confidentiality is assured). Having someone else take an examination in your place, or using an additional means to assist you in taking the exam not approved by the instructor. Any other forms of academic dishonesty (however slight) not previously mentioned. The final determination of what constitutes academic dishonesty rests with the instructor. Use of course communication mediums (chat, discussion boards, and email) The course software and server is the property of the SDCCD and is intended for student use in the completion of this course. Therefore, you are not permitted to use the electronic means provided in this course to communicate with other students or the instructor for personal gain, or gain on behalf of other individuals or organizations. Additionally, you cannot solicit funds for charity, non-profit organizations, schools, or other businesses. If you are not clear before you send a message, you must contact the instructor first. 6 ADJU 201 Professionalism and Respect Policy You are expected to exhibit the same high degree of professionalism in this course as you would in the workplace. In your communications with fellow students and the instructor, exhibition of the following is prohibited: anger, flaming, flame baiting, sarcasm, swearing, derogatory or racial comments, sexual innuendos or harassment, threats of violence or retaliation, and any other behavior deemed inappropriate by the instructor. Correct spelling and grammar rules must be adhered to and also, do not type in all capital letters; make sure you understand and practice proper Netiquette. The instructor can track and monitor all of your activity in this course so be mindful of what you say and do. Any violation of this policy will result in disciplinary action from the instructor and Miramar College. Top V. ATTENDANCE Weekly Requirements You are responsible for keeping yourself informed and actively participate during the course and you are expected to put in a certain number of hours on a weekly basis; checking in at least three to four times throughout the week. You must be self-motivated to participate in the discussions and keep up with the reading. The instructor keeps track of your attendance in the course based on active participation in the discussion board topics. If you miss an assignment, discussion board posting, or exam you will be considered absent for that week and you will not be allowed to make-up the work you missed. It is the instructor’s discretion to withdraw any student after the initial add/drop deadline (generally two weeks after the semester begins) due to excessive absences or consistent nonparticipation in this course. As a guideline, if your miss more than two discussion board topics, or one examination at anytime during the semester, you run the risk of being withdrawn from the course by the instructor. Withdrawal Regulations It is your responsibility to drop or officially withdraw by the deadline if you are no longer participating in this course and the instructor has not already withdrawn you. If you do not drop or withdraw by the deadline and you remain on the instructor’s roster, you will receive the appropriate evaluative letter grade you have earned for the semester. Top VI. ASSESSMENTS EXAM One Two Three CHAPTERS 1–3 4–6 ALL (1-8) TEXTBOOK Criminal Procedure by Scheb and Scheb. Criminal Procedure by Scheb and Scheb Criminal Procedure by Scheb and Scheb. 7 ADJU 201 The examinations are based on the listed textbook. All of the information in the chapter is testable on the appropriate examination. I will designate a starting and ending date for each examination. You are given plenty of days to take the exam so if you fail to take it by the deadline, make-up dates are not allowed under any circumstances so do not ask the instructor for special consideration. This includes last minute personal, family, or work emergencies and any issues with your Internet connection or the SDCCD WebCT server; do not wait until the last few hours of the last day to take an examination as the risk of encountering an unforeseen problem outweighs the last-minute study time you may gain. Each exam is limited to the above listed chapters in the specified textbook and consists of a combination of multiple choice and true/false questions. In order to insure academic honesty on the students’ behalf and to protect the integrity of the test, you have a limited amount of time to answer the questions, so use your time wisely. Make sure you have read the appropriate chapters and used the chapter lecture notes posted under Course Content to assist you in exam preparation. You have no appeal to the instructor if any of the following occurs (so please do not ask): You missed the examination deadline, regardless of the excuse; You did not complete the test in the allotted time (this includes starting too close to the time deadline on the last day and you run out of time); You failed to “save” your answer to a question before moving on to the next question; You could not connect to the course because of Internet/server downtime; You had technical problems with your computer and you ran out of time (Remember, you are required to keep your computer in working order and free of viruses during this course). Top VII. PARTICIPATION Active participation is graded by involvement in, and satisfactory completion of, any tasks and discussion topics assigned by the instructor. Failure to complete these will reduce your overall participation grade, which affects your final course grade. Guidelines for discussion board participation is as follows: Student Biography Within the first two weeks of this course (before the add/drop deadline) you must introduce yourself to the rest of the class on the Discussion Board. Share a little about who you are; this is a great way for everyone to get to know each other but do not post offensive or degrading material, and personal photographs. Failure to post your biography within the designated time period may result in you being dropped from the course as a “no show” and you will not be reinstated after the “add” deadline. About Discussion Board Postings The Discussion Board allows for the free exchange of ideas and personal thoughts on specified topics so professionalism must be maintained at all times. Ensure your postings are grammatically correct, free of spelling errors and not typed in all capital letters. 8 ADJU 201 Your fellow students are your audience while the instructor remains behind the scenes, monitoring the discussions while minimally responding to your comments. The reason for this is; when the instructor posts a response, some students in the class may be influenced by it, thinking that they are wrong and this can easily color or inhibit the creative thinking of the student(s). Due to the informal nature of the discussion board, a posting is not graded as if it were an essay because you are still learning the material and in some instances, there may not be a specific “right” or “wrong” answer to the question. Also, many of the topics require opinion answers; as such, you may or may not agree with another student. Disagreement with another student does not mean the other person is wrong and you are right. In many cases, professional disagreement is good as it establishes dialog and it expands the boundaries of our personal viewpoints. If the instructor notices a questionable or offensive posting, it will be addressed privately so do not assume the instructor has overlooked it. If you have any concerns over another student’s posting, privately email the instructor instead of confronting the student on the discussion board. The instructor is the final arbitrator of all disagreements; professionalism must be maintained at all times. Discussion Board Requirements To satisfy participation requirements, you must participate in regular discussions at the direction of the instructor. Simply reading others’ postings is not considered participation. It is your responsibility to follow the reading schedule in this syllabus and having completed the reading before the topic opens in order to be prepared to answer the discussion board question and dialog with other students. The instructor will post on the Discussion Board one or two questions taken from the required reading(s) and within a timely manner you must thoughtfully and accurately answer the question(s) with examples given to support your position. Once you have answered the question, you must then respond to two other students’ postings with a quality response. Performing only a portion of these requirements, i.e. answering the question only, will merit partial participation credit or no credit at all for that particular week. When you respond to another student’s posting, merely saying “I agree (or disagree)” or “you make a good point” or any other comment without substance is NOT considered a quality response. Responses such as that do not show initiative or understanding of the topic and does nothing to continue the dialog thus earning you no credit for that week. The best way to gauge if you are giving a quality response to another student is to consider if your response required some thought on your behalf. The instructor can tell if you put some thought into the response just by reading your posting. The bottom line: Answering the discussion question with a quality response and dialoging with at least two other students with quality responses will earn you full participation credit for that week’s discussion topic. IMPORTANT: The topic will be posted to the discussion board on a Monday and you have until Sunday of that same week to post your answer and dialog with your fellow classmates. Credit will not be earned on any posting that comes in after 11:59 p.m. on Sunday. Do not e-mail your discussion 9 ADJU 201 answer to the instructor in lieu of posting on the discussion board because credit will not be earned. You must answer the question during the first half of the week (before Thursday) in order to give your classmates the opportunity to respond to you (and others) in a timely manner. Do not wait until Friday or Saturday to answer the question and then write your responses to the postings because this adversely affects the other students who attempt to have dialog throughout the discussion week. Top VIII. D.S.P.S. Students with disabilities who need academic accommodations should discuss options with the professor immediately. If you would like further information or have questions about Disability Support Programs and Services (D.S.P.S.), email them at: miradsps@sdccd.edu IX. A FINAL WORD ABOUT THESE POLICIES Many of the policies in this syllabus are strict regarding deadlines, participation, etc. The reason is because this class never meets in a classroom so you are required to work independently; this includes taking examinations unsupervised. This is the nature of an online course so in order to make it fair for everyone and preserve the academic integrity of the online course; these policies must be adhered to. If you do not agree with this or if you feel these policies are unfair; you should take this same course “on-ground” instead of burdening yourself with these requirements. Top 10 ADJU 201 X. SCHEDULE OF IMPORTANT DATES You are accountable to the important date deadlines (add/drop, withdrawal, etc.) as set forth in the college catalog and/or schedule. Regarding this course, it is your responsibility to comply with the following semester schedule. The instructor reserves the right to change the course schedule with prior classroom notice. WEEK DATE ASSIGNMENTS READ: Ch. 1; Scheb 1 8/25 2 9/1 3 9/8 DISCUSSION BOARD: Personal biography READ: Ch. 2; Scheb *DISCUSSION BOARD: Topic One; “State Parole system” READ: Ch. 2, 3; Snipes *DISCUSSION BOARD: Topic Two; “Searches” READ: Ch. 3; Scheb 4 9/15 5 9/22 6 9/29 7 10/6 EXAM ONE STUDY WORKSHEET: Chapters 1 – 3 (located in “Course Content”) READ: Ch. 5; Snipes EXAMINATION ONE (Chapters 1 – 3; “Criminal Procedure” by Scheb) READ: Ch. 4; Scheb *DISCUSSION BOARD: Topic Three; “Peace Officer Authority to Arrest” Continued: EXAMINATION ONE READ: Ch. 10; Snipes *DISCUSSION BOARD: Topic Four; “Constitutional issues related to arrest” READ: Ch. 5; Scheb 8 10/13 9 10/20 *DISCUSSION BOARD: Topic Five; “The “Good Faith” Exception” READ: Ch. 6; Scheb AND Ch. 12; Snipes 10 10/27 EXAM TWO STUDY WORKSHEET: Chapters 4 – 6 (located in “Course Content”) *DISCUSSION BOARD: Topic Six; “Prosecutorial Discretion” 11 11/3 EXAMINATION TWO (Chapters 4 – 6; “Criminal Procedure” by Scheb) READ: Ch. 13; Snipes *DISCUSSION BOARD: Topic Seven; “Closure of court proceedings” Continued: EXAMINATION TWO READ: Ch. 7; Scheb AND Ch. 14; Snipes 12 11/10 13 11/17 14 11/24 Happy Thanksgiving 15 *DISCUSSION BOARD: Topic Eight; “Plea-bargaining” READ: Ch. 8; Scheb *DISCUSSION BOARD: Topic Nine; “California sentencing structure” READ: Ch. 15; Snipes EXAM THREE STUDY WORKSHEET: Chapters 7, 8 (located in “Course Content”) *DISCUSSION BOARD: Topic Ten; “Criminal Procedure in crisis times” 12/1 EXAMINATION THREE (Chapters 1 – 8; “Criminal Procedure” by Scheb) Continued: EXAMINATION THREE 12/8 16 *ALL Discussion board comments must be posted by 11:59 p.m. on SUNDAY of that week to be eligible for credit. 11