COURSE SYLLABUS ARMSTRONG ATLANTIC STATE UNIVERSITY CRIMINAL JUSTICE 3500: Criminal Evidence & Procedure Spring, 2007 INSTRUCTOR: BECKY KOHLER da CRUZ, J.D. Assistant Professor of Criminal Justice & Law OFFICE: UH 219 PHONE: 912-921-7407 E-MAIL: dacruzbe@mail.armstrong.edu OFFICE HOURS: T-TH 9-10am, 11:30-1:00 pm, or by appointment COURSE DESCRIPTION: Historical and contemporary overview of the various rules governing criminal procedure and the rules of evidence as they affect the accused, the convicted, law enforcement, and the conduct of criminal prosecutions. The course is designed to introduce the student to the basic rights under the United States Constitution and to show how certain of these rights come into conflict with the maintenance of public order and the enforcement of the criminal laws of the United States and each individual state. PREREQUISITE: CRJU 1100 and POLS 2100 COURSE OBJECTIVES: To understand the development of individual rights under the 4th, 5th, 6th, 8th, and 14th Amendments. To become familiar with the legal terms used in the regulation of evidence and trial court procedures. To examine how case law decisions and state and federal laws affect the role of the police, courts, and corrections. To explore and gain proficiency in the various methods of legal research. REQUIRED TEXTBOOKS: John L. Worrall (2004). Criminal Procedure: From First Contact to Appeal. Allyn & Bacon. ISBN 0-205-34280-9 ATTENDANCE POLICY: Students are expected to be present for all scheduled classes as you are responsible for all information not only in the textbook but also what is presented in class. If you miss a class, get the lecture notes from a classmate. CLASS CONDUCT: Students are expected to treat others with respect and dignity at all times. Any behavior, which is disruptive to the learning environment, is strictly prohibited. Beepers and cell phones disrupt the class, THERE WILL A 1 POINT DEDUCTION EACH TIME YOUR PHONE RINGS IN CLASS. If you are disrupting the lecture, you will be removed from the classroom. ASSIGNMENTS: Week 1 Introduction to the Course Introduction to Criminal Procedure Chapters 1 Brief: Katz v. United States Week 2 Remedies for Constitutional Violations Chapter 2 Brief: Tennessee v. Garner Introduction to the Fourth Amendment Chapter 3 Brief: Terry v. Ohio Week 3 Searches & Arrests Chapter 4 & 5 Brief: Payton v. New York Week 4 Reasonable Suspicion Chapter 6 Brief: Reid v. Georgia Administrative Justification Chapter 7 Brief: Ferguson v. Charleston Week 5 Exam #1 Week 6 Interrogations & Confessions Chapter 8 Brief: Dickerson v. United States Identification Procedures Chapter 9 Week 7 Pre-Trial Court Proceedings Chapter 10 Courtroom Work Group Chapter 11 Brief: Oyler v. Boles Video: Real Justice Week 8 Plea Bargaining Chapter 12 Brief: United States v. Goodwin Week 9 Exam #2 Week 10 Rights at Trial Chapter 13 & 14 Brief: Barker v. Wingo Week 11 Paper Due Week 12 Introduction to Criminal Evidence Types of Evidence Week 13 Witnesses & Testimony Excluding Evidence Week 14 Sentencing, Appeals, & Habeas Corpus Worrall – Chapter 15 Brief: Herrera v. Collins Week 15 Exam #3 EVALUATION METHODS: 1. Examinations: Each exam will be non-cumulative. 2. Research Review Paper: Content of the Paper: The paper must discuss and summarize a research article within the purview of this course from a criminal justice or law related journal. It must: (a) Analyze and Discuss the program/service, etc. under scrutiny; (b) Summarize the research/content of the article. Indicate what the research determined about the program/service being evaluated, and where possible, relate the findings to the texts; (c) Provide your analysis and/or evaluation of the research. State what the research findings may mean to the criminal justice system The instructor is looking for what you have learned about procedural guidelines and evidentiary value within the criminal justice system. The most common mistakes are (i) selecting a poor article, (ii) merely summarizing the article and not analyzing it or discussing your views, (iii) failing to relate the article to broader issues as found in the texts. Broader issues are how the research or topic might yield a different approach to managing criminal justice agencies and individual performance within these agencies, usefulness of various alternatives, different approaches to agency management, etc. Format of the Paper: The paper should be presented in the following manner: (a) A title page with the title of the paper, your name, the course name & section number. (b) At least seven (7) pages of text typed and double-spaced. Use one-inch margins and type only in 10 or 12 inch Times New Roman or Courier font. (c) A separate page for bibliography. The journal article reviewed must be a minimum of 10 pages in length and other sources may be referenced throughout the paper. A copy of the article must accompany the paper. (d) Edit your paper. Make sure it is free of spelling, mechanical and grammatical errors. All information should be presented in paragraphs that logically connect. (e) Staple your paper in the upper left-hand corner. Do not use folders, plastic covers or paper clips. 3. Briefs: Students are required to brief each of the above cases. There are 11 assigned only 10 are due. Therefore, students will not be penalized for not turning in one brief. 4. Presentation: Students will be assigned content from a chapter to present in class. FINAL GRADE STANDARDS: Briefs . . . . . . . . . . . . . . . . . . . . . 50 points (5 points each) Presentation . . . . . . . . . . . . . . . 50 points Paper . . . . . . . . . . . . . . . . . . . . .100 points Test #1. . . . . . . . . . . . . . . . . . . . 100 points Test #2. . . . . . . . . . . . . . . . . . . . 100 points Test #3. . . . . . . . . . . . . . . . . . . . 100 points 500 points You can earn a maximum of five hundred (500) points in this course. The approximate letter and numerical equivalents are as follows: Grade Points Percent A 500-450 90-100% B 450-400 80-90% C 400-350 70-80% D 350-300 60-70% F 300-0 below 60% STANDARDS OF HONESTY: The college experience is founded on the concepts of honesty and integrity. Dishonesty, cheating, and plagiarism will not be tolerated in this course. Plagiarism is representing someone else’s work as your own. It includes quoting or paraphrasing a secondary source without citing that source, or copying, buying, or stealing written work from another person or another source. All class writings must be a student’s own original work, created this semester for this particular course. Remember, plagiarism is not only immoral- it is illegal. Students who commit plagiarism or who cheat on an examination will receive a zero (0) for that work, fail the course, and could be referred to the Vice President of Student Affairs for honor court. Such an offense will also become a matter of your academic record. MAKE-UP POLICY: Students are expected to take exams and turn in papers on the assigned dates. A Late paper WILL NOT be accepted for any reason. If you fail to take an exam on the designated date, your grade on the make-up exam will be reduced by 10 percent (1 letter grade). A make-up exam will ONLY be given when advance notice is provided to the instructor by the student who has good reason for not taking the exam on the dedicated date or if the student has an extreme emergency. In no event will a make-up exam be given 1 week after the date in which it was given or upon the student’s return from the emergency. EXTRA CREDIT POLICY: Do not count on any extra credit in this course. You are expected to learn the core material as assigned. IF any extra credit is offered during the semester, it must be completed on or before the last day of class - it will not be accepted during exam week.