SYLLABUS FOR CJSA 1313
Court Systems & Practices
Semester Hours Credit: 3
Lecture Hours: 48
Course Dates/Times: 19 August – 9 October 2014,
Tuesdays & Thursdays
Instructor: Mr Raymond Spain
Office Hours: 15 mins prior to and after class
(appointment preferred)
Instructor Email: spainctc@gmail.com
Phone: 0162-296-1039
INSTRUCTOR BIOGRAPHY
Raymond Spain became interested in ‘why people do what they do’ in middle school. In an
effort to find the answer, he took a job in security and then law enforcement. He continued the
journey by obtaining B.S. in Criminal Justice from Drury University. Now, with over 32 years
of experience in law enforcement and security he continues the learning journey as a current
Business and Organizational Security Management graduate degree seeking student.
I.
II.
INTRODUCTION
A.
This course provides an examination of the role of the judiciary in the criminal justice
system. It includes the structure of the American court system, prosecution, right to
counsel, pre-trial release, grand juries, adjudication process, types and rules of evidence,
and sentencing.
B.
It is a required course for the Associate of Applied Science in Criminal Justice
degree program.
C.
This course is occupationally related and serves in preparation for careers in criminal
justice, law enforcement, and corrections.
D.
Prerequisite(s): None
LEARNING OUTCOMES
Upon successful completion of this course, Court Systems and Practices, the student will:
A.
Discuss the nature and extent of individual rights guaranteed by the Constitution and
th
th
th
discuss in depth those rights in the 4 , 5 , & 6 Amendments that constitute the
heart of the law of criminal procedure.
B.
Describe the American judiciary system and its structure.
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III.
C.
Identify the roles of judicial officers and the trial processes from pretrial to
sentencing and interpret the role of evidence.
D.
Apply the law of arrest, search and seizure, confessions, and pretrial identification,
to particular fact situations, in each case.
INSTRUCTIONAL MATERIALS
A.
B.
The instructional materials identified for this course are viewable through
http://www.ctcd.edu/im/im_main.asp Text- America’s Courts and The Criminal
Justice System, David W. Neubauer and Henry F. Fradella, 11th edition, ISBN: 978-1285-06194-8
Resources:
1. Neubauer, David, America's Courts and The Criminal Justice System, 7th Ed,
Belmont, Ca: Wadsworth Publishing, 2002.
2. Bohm, Robert M. and Keith N. Haley, Introduction to Criminal Justice, McGrawHill, 2010.
3. Smith, Christopher E, Courts, Politics, and the Judicial Process, 2nd Ed,
Chicago, IL: Nelson-Hall Inc., 2002.
4. Ferdico, John N, Henry F. Fradella, Christopher D. Totten, Criminal Procedure,
11th Ed, Belmont, CA: Wadsworth, Cengage Learning, 2013.
IV.
COURSE REQUIREMENTS
A.
Your first responsibility is scholarship. The grade you receive for this course will
not be the grade of the instructor, but rather the grade you and you alone make.
B.
You should attend class regularly and be prepared to participate in classroom
discussions and to take unannounced quizzes relating to text assignments and lecture
material presented from the beginning of the course. Please refer to ‘Class
Attendance and Course Progress’ under the Academic Policies section in our current
CTC Course Catalog: http://www.ctcd.edu/academics/catalogs/catalog-continentalinternational/academic-policies/.
C.
You are encouraged to give your best effort throughout the course. From the
beginning, you should plan for a steady, organized, and continuous effort, which in
the long run will prove more effective for your final grade than a last minute crashcram policy. Your course grade is not determined solely by exam grade. Such
factors as class participation, initiative, attendance, and individual research papers or
projects will be considered in grade computation.
D.
From time to time, special library and/or outside assignments will be made to
members of the class individually and/or in groups. You are expected to read all
assignments and fulfill your responsibilities to any group assignment.
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E.
You are expected to read all assigned material and bring your textbook/reading
materials to class. Keep informed on all assignments, especially after an absence.
F.
Good class notes are indispensable for earning a good grade, since both the material
assigned and that discussed in class will be the basis for examination material.
G.
Scholastic Honesty: All students are required and expected to maintain the highest
standards of scholastic honesty in the preparation of all coursework and during
examinations. The following are considered examples of scholastic dishonesty:
Plagiarism: The taking of passages from the writing of others without giving proper
credit to the sources.
Collusion: Using another’s work as one’s own, or working together with another
person in the preparation of work, unless such joint preparation is specifically
approved in advance by the instructor.
Cheating: Giving or receiving information on examinations.
H.
V.
Special Work: A research or term paper will be required. The subject must be
appropriate for the course material. Check with the instructor when you have made
a selection. The paper should be 2-3 pages in length and follow APA (American
Psychological Association) format. The paper will be 20% of your final grade and
will be graded as follows: the topic-25%, the length-15%, the content-50%, and
grammar-10%. (www.apastyle.org)
EXAMINATIONS
A.
There will be a minimum of two major examinations and a written paper or project
as follows:
1. Mid-term exam on 11 September 2014
2. Final exam on 9 October 2014
3. Research paper due on 25 September 2014
VI.
B.
A student must be present for all examinations. Students who know in advance that
they will be absent from an examination due to valid reasons must arrange to take an
early examination. Unexpected absences due to illness or extenuating circumstances
will require the student to see the instructor about individual make-up work.
C.
Students without excused absences will be given a zero for the missed examination.
D.
Examinations will consist of both objective (true/false, multiple choice, fill in-theblank, and matching) and subjective (short answer and essay) questions. Students
must be able to communicate both orally and in written form, thus some questions
requiring the composition and writing of an essay answer will be required.
SEMESTER GRADE COMPUTATIONS
The final grade in this course will be based on the following:
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Quizzes, attendance & in-class participation
Research paper
Midterm exam
Final exam
Total possible points:
POINTS
90-100 =
80-89 =
70-79 =
60-69 =
0-59 =
15 points
20 points
25 points
40 points
100
GRADES
A or 4.0
B or 3.0
C or 2.0
D or 1.0
F or 0.0
VII. NOTES AND ADDITIONAL INSTRUCTIONS FROM COURSE INSTRUCTOR
A. Tuition refunds are made only in the case of class cancellation or official and timely
withdrawal from CTC or from a course. Please refer to the current course catalog for
more details, at http://europe.ctcd.edu/library/catalog.php.
B. GoArmyEd students should contact their education counselor before withdrawing and
are required to withdraw through the GoArmyEd portal.
Please note: a military withdrawal does not override CTC’s grading policy.
For self-pay students, refunds are computed from the date the Application for
Withdrawal or Refund is filed with the CTC Field Representative or designated
Student Services Officer. Special conditions apply to students who receive
federal, state, and/or institutional financial aid.
Tuition and fees paid directly to the Institution by the Veterans Administration, Title
IV (Financial Aid Programs, a sponsor, donor, or scholarship shall be refunded to the
source rather than directly to the students.
C. Course Withdrawals, Student Responsibilities: It is the student’s responsibility to
officially withdraw from a course. The instructor cannot initiate a withdrawal based upon
a student’s request. Rather, students must initiate the withdrawal with the designated
Education Center Representative, through the CTC Field Representative or the Student
Services Officer for that region.
Applications for Withdrawal will be accepted at any time before the completion of 75%
of the course, after which time the student will be assigned an “FN”- “Failure for Nonattendance.”
D. Incomplete / Course in Progress Grade Policy: An “IP” or “Incomplete” grade may be
assigned by an instructor if a student has made satisfactory progress in a course with the
exception of a major quiz, final exam, or other project. The “IP” grade may also be
assigned based on circumstances beyond a student’s control, such as personal illness,
death in the immediate family, or military orders. Notice of absences, with supporting
documentation, may be required by the instructor. The instructor makes the final decision
concerning the granting of the incomplete grade. With an “Incomplete” grade, students
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are required to complete a set amount of work before the instructor will submit an official
letter grade. This date can be determined by the instructor but must be within 45 days of
the course end date. After completion of the work the instructor can then change the
grade of “IP” to the appropriate letter grade. If this work is not completed by the
specified date the instructor will change the grade to “F”.
E. Cellular phones, beepers, and other electronic devices will be turned off while the
student is in the classroom or laboratory unless the student is using the device for class
purposes. No texting or social networking is allowed during class.
F. Instructor Discretion: The instructor reserves the right of final decision in course
requirements.
G. Civility: Individuals are expected to be cognizant of what a constructive educational
experience is and respectful of those participating in a learning environment. Failure to
do so can result in disciplinary action up to and including expulsion.
VIII. COURSE OUTLINE
Note: The instructor has the right to change the course schedule. Any changes will be announced
in class. If the student misses a class period and changes are announced, it is the student’s
responsibility to receive the missed information from a classmate or the instructor.
A. 19 August 2014: Course Introduction and Chapter 1, Courts, Crime and Controversy
1. Unit Objectives
Upon successful completion of this unit, the student will:
a. Describe how the courts are related to the other components of the criminal
justice system.
b. Discuss the major types of courts found in the United States.
c. Identify the most important actors in the courthouse.
d. List the steps in a typical felony prosecution.
e. Explain how a law in action perspective complements a law on the books
approach to studying the criminal courts.
f. Distinguish between the crime control model of criminal justice and the due
process model of criminal justice.
2. Learning Activities:
a. Discuss course requirements and activities as contained in the syllabus
b. Classroom lecture/discussion
c. Reading assignment: Chapter 1
d. Homework and other assignments designated by the instructor
B. 21 August 2014: Chapter 2, Law and Crime
1. Unit Objectives:
Upon successful completion of this unit, the student will:
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a. List the four key elements defining law.
b. Identify the three key characteristics of common law.
c. Explain the importance of the adversary system.
d. Name the four amendments of the Bill of Rights that deal specifically with
criminal procedure.
e. List the five major areas of civil law.
f. Identify the major elements of a crime.
g. Identify some of the most important legal defenses in American law.
h. Discuss the effects of the criminal law on courts.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 2
c. Homework and other assignments designated by the instructor
C. 26 August 2014: Chapter 3, Federal Courts
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Define the four primary types of jurisdiction: geographical, subject matter,
personal, and hierarchical.
b. Compare and contrast the tasks of trial and appellate courts.
c. Explain the historical evolution of the federal courts into their present structure
and operations.
d. Analyze the different responsibilities and workloads of U.S magistrate judges,
district judges, circuit judges, and Supreme Court justices.
e. Analyze the impact the federal courts have on the administration of criminal
justice at the state and local levels through their federal question jurisdiction.
f. Differentiate the jurisdiction and functions of Article III courts from those of
Article I courts and other specialized federal courts.
g. Distinguish the various agencies and their hierarchical responsibilities for the
administration of the federal court system.
h. Evaluate the major problems facing the federal courts and the strengths and
weaknesses of the major solutions that have been proposed to address these problems.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 3
c. Homework and other assignments designated by the instructor
D. 28 August 2014: Chapter 4, State Courts
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Outline the four layers of a typical state court system.
b. Describe the types of criminal cases handled by the trial courts of limited
jurisdiction.
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c. Discuss the similarities and differences between justice of the peace courts and
municipal courts.
d. List the four primary problems confronting the lower courts in the United
States.
e. Identify the types of civil and criminal cases filed in trial courts of general
jurisdiction.
f. Explain briefly the differences between a state high court of last resort in states
with and without intermediate courts of appeals.
g. List the key components of court unification.
h. Identify how problem solving courts using therapeutic jurisprudence handle
cases.
i. Discuss the consequences of court organization.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 4
c. Homework and other assignments designated by the instructor
E. 2 September 2014: Chapter 5, The Dynamics of Courthouse Justice
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Have a general sense of who works where in the courthouse.
b. Analyze the importance of assembly-line justice.
c. Describe why discretion is found in the criminal courts.
d. Identify the principal actors in the courtroom workgroup.
e. Indicate why ethics is important to the American legal system.
f. Contrast differing understandings of why delay is a problem in the courts.
g. Discuss the strengths and weaknesses of speedy trial laws.
h. Explain why law in action approaches to court delay are more effective than
law on the books approaches.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 5
c. Homework and other assignments designated by the instructor
F. 4 September 2014: Chapter 6, Prosecutors and Chapter 7, Defense Attorneys
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Discuss the two major characteristics of prosecutors in the United States.
b. Describe the three most important entities in federal prosecution.
c. Identify the three somewhat overlapping agencies involved in prosecution in
state courts.
d. Explain the major factors affecting the work life of assistant district attorneys.
e. Analyze the principal factors affecting prosecutorial ethics.
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f. Outline two major examples of the expanding domain of the prosecutor.
g. Interpret the four major legal issues surrounding the right to counsel.
h. Discuss how the courtroom workgroup affects how defense attorneys represent
their clients.
i. Explain why most lawyers do not represent criminal defendants.
j. Compare and contrast the three systems of providing indigents with courtappointed attorneys.
k. Recognize possible tensions between lawyers and clients.
l. Analyze the importance of legal ethics to the defense of criminal defendants.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 6 and Chapter 7
c. Homework and other assignments designated by the instructor
G. 9 September 2014: Chapter 8, Judges
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Discuss the role of the judge within the courtroom workgroup.
b. Name the three major ways that judges are selected in the United States.
c. Analyze the consequences of different methods of judicial selection.
d. Recognize major changes in the composition of the bench over that last several
decades.
e. Describe the activities of state judicial conduct commissions.
f. Explain the difference between the impeachment and the removal of a federal
judge.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 8
c. Homework and other assignments designated by the instructor
d. Review for Mid-term exam
H. 11 September 2014: Chapter 9, Defendants and Victims and Mid-Term Exam
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. List the three characteristics of defendants.
b. Describe how victims and witnesses view the court process.
c. Describe how court actors view victims and witnesses.
d. Discuss the prior relationships between defendants and victims and why this is
important in domestic violence cases.
e. Identify three types of programs that are designed to aid victims and witnesses
in coping with the criminal justice process.
f. Explain why some view victim programs as aiding victims whereas others view
these programs as manipulating victims.
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2. Learning Activities:
a.
b.
c.
d.
Classroom lecture/discussion
Reading assignment: Chapter 9
Homework and other assignments designated by the instructor
Mid-term exam
I. 16 September 2014: Chapter 10, From Arrest and Bail through Arraignment
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Define the two methods of estimating the amount of crime in the United States.
b. Discuss how arrests made by the police impact the criminal court process.
c. List the four ways that criminals are formally charged in court and the major
actors in each of these important documents.
d. List the four most common ways that defendants secure pretrial release.
e. Compare and contrast "law on the books" and "law in action" approaches to
bail setting, including the overall effects of the bail system on criminal defendants and
their cases.
f. Explain the role bail agents play in the criminal justice system.
g. Contrast how the law on the books approach to criminal justice and the law in
action perspective offer contrasting views of the preliminary hearing.
h. Explain why some jurisdictions use grand juries extensively and others do not.
i. Delineate the three major reasons for case attrition.
j. Describe the four layers of the criminal justice wedding cake.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 10
c. Homework and other assignments designated by the instructor
J. 18 September 2014: Chapter 11, Disclosing and Suppressing Evidence
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Explain the reasons why the process of discovery exists in both civil and
criminal cases, but is significantly curtailed in the latter.
b. Differentiate formal and informal discovery and the reasons why both are used
in criminal cases.
c. Identify the types of evidence subject to mandatory criminal discovery.
d. Compare and contrast the exclusionary rule and the fruit of the poisonous tree
doctrine.
e. Summarize how the decision in Miranda v. Arizona regulates the process of
police interrogations of suspects.
f. Explain the requirements governing the application for search warrants, the
issuance of search warrants, and the execution of search warrants.
g. Identify the major exceptions to the Fourth Amendment’s warrant requirement.
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h. Analyze the effect of the exclusionary rule on the operations of the courtroom
work group.
i. Evaluate whether the exclusionary rule should be abolished.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 11
c. Homework and other assignments designated by the instructor
K. 23 September 2014: Chapter 12, Negotiated Justice and the Plea of Guilty
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Distinguish between the three most common types of plea agreements.
b. Discuss the three major factors influencing bargaining and discretion.
c. Recognize the importance of Boykin v. Alabama.
d. List the major reason each of the members of the courtroom work group
engages in plea bargaining.
e. Indicate why a few cases go to trial but most defendants plead guilty.
f. Explain why adherents of the crime control model of criminal justice oppose
plea bargaining for different reasons from those of adherents of the due process model of
criminal justice.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 12
c. Homework and other assignments designated by the instructor
L. 25 September 2014: Chapter 13, Trials and Juries
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Trace the history of trials by jury.
b. Analyze the scope of the right to a trial by jury in a criminal case.
c. Evaluate the impact of differences in jury size and unanimity requirements.
d. Explain how a jury is summoned and selected, including the constitutional
limitations on these processes.
e. Discuss the function of jury consultants in the process of scientific jury
selection.
f. Distinguish between the presumptions that apply at the start of trials and the
burdens of proof applicable to overcoming them.
g. Summarize the basic rules of evidence concerning trustworthiness and
relevance of evidence.
h. Analyze how special limitations on expert witnesses affect the litigation of
criminal cases, especially with regard to leading types of forensic evidence.
i. Identify the steps in a in a criminal trial.
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j. Describe the effects and implications of pretrial publicity and the solutions that
courts use to prevent those effects from affecting a criminal trial.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 13
c. Homework and other assignments designated by the instructor
d. Research paper due
M. 30 September 2014: Chapter 14, Sentencing Options and Chapter 15 Sentencing Decisions
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Distinguish between the five major sentencing philosophies.
b. Describe how the three branches of government are involved in sentencing.
c. List at least four major issues related to imprisonment as a sentence in the
United States.
d. Identify the major alternatives to imprisonment.
e. Summarize the two U.S. Supreme Court rulings from the 1970s on capital
punishment that led to the bifurcated process for death penalty sentencing.
f. Indicate how the U.S. Supreme Court has narrowed the list of death-eligible
cases and offenders.
g. Discuss the major differences between the due process model of criminal
justice and the crime control model of justice with regard to the death penalty.
h. Define the concept of normal crimes and indicate the two most important
factors in determining normal penalties.
i. Distinguish between the concepts of sentencing disparities and discrimination.
j. Explain how scholars approach the issue of racial discrimination differently
than the general public and the implications these differing approaches have for the
conclusions reached.
l. Indicate why the offender–victim dyad is important in studies of racial
discrimination in capital punishment.
m. List the two major factors related to disparities and sentencing.
n. Recognize the main objective of changes in sentencing structure beginning in
the late 1960s and the major consequences of these changes.
o. Outline how the U.S. Supreme Court has limited state sentencing guidelines.
p. Identify the most recent changes in how the U.S. Supreme Court has responded
to federal sentencing guidelines.
q. Explain the law in action perspective on researching the impact of mandatory
minimum sentences.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 14 and Chapter 15
c. Homework and other assignments designated by the instructor
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N. 2 October 2014: Chapter 16, Appellate and Habeas Corpus Review
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Explain how appeals and appellate processes differ from trials and trial
processes.
b. Describe the two primary functions of appeals.
c. Explain how Double Jeopardy limits appeals by the prosecution in criminal
cases.
d. Define the contemporaneous objection rule and explain its impact on appeals.
e. Differentiate between mandatory and discretionary appellate jurisdiction.
f. Identify the different appellate standards of review and evaluate their impact on
the criminal appeals.
g. Describe the six customary phases in the appeals process.
h. Compare and contrast plain error, reversible error, and harmless error.
i. Analyze the reasons why most criminal appeals result in convictions being
affirmed.
j. Compare and contrast appeals and post-conviction review processes.
k. Identify the leading causes of wrongful convictions.
l. Analyze how state courts of last resort and the U.S. Supreme Court exercise
their discretion to set justice policy.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 16
c. Homework and other assignments designated by the instructor
O. 7 October 2014: Chapter 17, Juvenile Courts
1. Unit Objectives:
Upon successful completion of this unit, the student will:
a. Describe the child-saving movement and its relationship to the doctrine of
parens patriae.
b. List the five ways that juvenile courts differ from adult courts.
c. Discuss how states vary in terms on when a juvenile may be transferred to adult
court for prosecution.
d. Contrast the three major types of cases that are heard in juvenile court.
e. Identify and briefly describe the single most important Supreme Court case
with respect to juvenile justice.
f. Explain the difference between a juvenile case that is petitioned and one that is
nonpetitioned.
g. Compare and contrast how adherents of the crime control model and
proponents of the due process model of criminal justice see the future of juvenile courts.
2. Learning Activities:
a. Classroom lecture/discussion
b. Reading assignment: Chapter 17
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c. Review for final exam
P. 9 October 2014 Unit Sixteen:
1. Review for final exam
2. Final exam
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