INTRODUCTION TO CRIMINAL JUSTICE EXAM #3 Name:_________________ Date: __________________ Read each question CAREFULLY. Choose the BEST answer and mark the appropriate bubble on the scantron. You may write on the test. 1. The concept or philosophy of corrections which states that the rights of individuals must balance with community concerns (punish the guilty, etc.) is the concept of: a. voir dire b. public order c. restitution d. repentance e. amicus curiae 2. Probation and parole are __________________. a. essentially the same and are terms that are used interchangeably b. methods that use different supervision techniques but are usually administered by the same office c. are sentences handed down by the courts d. distinctly different forms of community corrections administered by different authorities e. none of the above 3. Revocation of parole in California a. b. c. d. requires the concurrence of an appellate court judge can be enacted merely on a decision to revoke by the parole officer is not governed by any particular due process requirement requires a hearing before a legally constituted hearing body, Board of Prison Terms e. is determined by the Warden of the closest prison to the offender’s home, upon the filing of charges by the parole officer. 4. Which of the following describes the situation of an offender living at home during the week, but returning to jail on weekends? a. split sentence b. shock probation c. split probation d. mixed sentence e. work furlough 5. Which of the following sentences would require the most contact between the offender and the probation officer? a. b. c. d. e. intensive probation home confinement shock probation informal probation mixed probation Intro to CJ Exam 3 2 6. Which of the following is the smallest correctional category? a. b. c. d. e. probation county (local) jail prison inmate jobs parole 7. With regard to granting prison releases, which of the following is NOT a factor considered by the US Parole Commission? a. b. c. d. e. inmate job readiness home/residence plans accomplishments while in custody prior experience while on probation or parole all of the above are factors to be considered before granting parole 8. In California, what percentage of paroled males return to prison within 3 years of release? a. b. c. d. e. less than 10% about 28% 45% to 50% about 57% about 72% 9. What is the term used by the FEDERAL government to denote ultra-high-security prisons? a. b. c. d. e. ULTRAMAX SUPERMAX ADMAX MAXIMAX SECUREMAX\ 10. __________ incapacitation seeks to identify the most dangerous of criminals and remove them from society. a. b. c. d. e. massive focused collective serious selective Intro to CJ Exam #3 3 11. Which of the following confinement units is locally administered and holds offenders typically sentenced to less than one year of imprisonment? a. b. c. d. e. halfway houses jails prisons ‘boot camps’ conservation camps 12. In California, the most dangerous and high-risk non-death penalty inmates will be found at what state prison? a. b. c. d. e. Pelican Bay Chino San Quentin Folsom Calipatria 13. Which of the following contemporary models of imprisonment is based on the philosophy of ‘just desserts,’ and/or ‘consequences?’ a. b. c. d. e. justice model consensus model conflict model retribution model punishment model 14. Which of the following is NOT a category describing prison capacity? a. b. c. d. e. rated operational design strategic all of the above are categories describing prison capacity 15. In California, correctional facilities are regulated under which of the following: a. b. c. d. e. Title 9, Health and Safety Code Title 15, Government Code Title 8, Administrative Code Title 4, Welfare and Institutions Code California has no statewide provisions regulating the operation of correctional facilities Intro to CJ Exam #3 4 16. The largest growth group in jails nationwide is: a. males b. juveniles c. minorities d. gang members e. females 17. A ‘typical’ state prison system will include ALL BUT WHICH of the following: a. high security b. medium security c. adult women prison d. mental hospital-type facility e. all of the above will be part of a ‘typical’ populous state prison system 18. A jail utilizing the combined resources from a variety of jurisdictions is called a/an: a. b. c. d. e. private jail regional jail county jail circuit jail halfway-house jail 19. The socialization of inmates into aspects of the prison social life, etc. (acceptance of prison lifestyle, etc.) is called: a. b. c. d. e. prisonization neutralization break down/build up correctional role development inmate schooling 20. What percentage of women in prison are mothers? a. b. c. d. e. 25% 35% 50% 70% 80% 21. The term used to describe how small societies develop when cut off (physically, socially) from the larger society is that of: a. b. c. d. e. subcultural norms organizational development total institution subcultural development acculturization Intro to CJ Exam #3 5 22. Which term describes aggressive men who assume the masculine role in homosexual relations in male prisons? a. b. c. d. e. fag hawk predator wolf rat 23. The _________ model of prison culture suggests that inmates bring values, roles and behavior patterns from the outside world a. b. c. d. e. adaptation importation captive deprivation evolutionary 24. Which of the following statements is NOT true regarding women in state prison: a. major disturbances are very rare b. women inmates tend to develop pseudo-families, often involving large, extended groups c. while inmate violence is less common, it is generally the result of inmate gambling or narcotics transactions d. there are more instances of sexual activity between inmates and staff at women’s prisons e. all of the above are true statements regarding women in state prison 25. In prison situations, ____________ develop to address the psychological, social, physical and sexual needs of inmates. a. b. c. d. e. role adaptations hierarchies inmate-staff dichotomies subcultures self-governance models Criminal Law – Exam 3 Short essay: Answer any 2 of the following questions (20 points each) in essay form in your Bluebook. 1. Compare and contrast common law concepts of the crime of rape with the modern (California) version of the crime. 2. Describe and discuss the various forms of criminal homicide in California 3. Define and discuss the two main tests for Insanity (M’Naghten and Modal Penal Code). Give a reasoned answer. Objective: Mark the correct answer on your Scantron with a No. 2 pencil. 1. “Murder” is: a. the unjustifiable killing of another. b. self-defense. c. the killing of oneself. d. an accidental killing of another 2. For the felony-murder rule to apply, which one of the following must be true? a. The killing must be intentional. b. The killing must occur during the commission of a felony. c. The actor must have had an adequate cause causing sudden passion. d. The actor must have a conscious indifference to human life. 3. Assisted Suicide is a crime in California. A = True B = False 4. The crime of " Suicide" in California is classified as: a. 1st degree felony b. Misdemeanor c. 3rd degree felony d. “Suicide” is not a crime in California 5. For a “death” to have occurred under common law there had to be: a. a stoppage of brain function b. a stoppage in heart and lung activity c. a doctor’s note d. two witnesses 6. Statutory rape requires that threats or force be used by the rapist. A = True B = False 7. The most serious form of homicide is: a. criminal negligence b. manslaughter c. murder d. intoxication manslaughter 8. “Sudden passion”, in California homicide law must come from: a. an “adequate provocation”. b. fear alone. c. anger at “the system”. d. an old grudge. 9. At common law a boy under the age of ______ was seen as incapable of committing rape. a. 14 b. 13 c. 12 d. 16 10. Which one of the following was NOT an element of common law Rape? a. sexual intercourse b. with a man or woman c. with force d. against the will of the victim. 11. “Pre-marital sexual conduct”, not a crime under common law, was called: a. fornication b. adultery c. molestation d. sexual battery 12. The term “Statutory rape” refers to: a. rape as defined by the law b. sexual intercourse with one under the age of consent c. sexual intercourse with one under the influence of alcohol d. bothering artworks 13. The statement, "Ignorance of the law is no excuse" is an example of which defense? a. laches b. Mistake of fact c. Necessity d. Mistake of law 14. Which one of the following is NOT a capital offense in California? a. murder for hire b. intentional felony murder c. murder caused by sudden passion d. murder of a police officer 15. Deception that relates not to the thing done (the alleged crime – like the Boro case) but merely to a collateral matter is called: a. Fraud in fact b. Statute of Frauds c. Fraud in the inducement d. just plain fraud e. All of the above 16. The standard for the legality of the use of force for police officers is: a. reasonableness b. rational relationship c. deliberate indifference d. necessity 17. Which of the following will NOT allow an “initial aggressor” to reclaim his right of self-defense? a. Initial aggressor withdraws from the conflict. b. Initial aggressor communicates somehow to the victim that he is no longer in danger. c. Initial aggressor abandons the conflict by running away d. Initial aggressor tires out and quits beating victim 18. Which one of the following is NOT a factor, as given in the notes, used in determining whether or not a defendant committed a crime under Duress? a. defendant's predisposition b. gravity of the threat c. opportunities for escape d. seriousness of crime involved 19. A defendant found "Not Guilty by Reason of Insanity" may be retried for the same offense if he/she later regains sanity. A = True B = False 20. California law allows the verdict "Guilty, But Mentally Ill" in criminal trials. A = True B = False 21. You must retreat from your home, if possible, when confronted with a burglar who threatens deadly force. A = True B = False 22. For which one of the following crimes may a California citizen NOT make a citizen’s arrest? a. Hit and run (failure to stop) b. DUI c. speeding d. witnessed felony 23. Which one of the following statements is FALSE concerning the Insanity Defense? a. Defendants plead insanity almost 50% of the time. b. Insanity is a legal term. c. Insanity defense is almost never successful. d. Insanity defense is pleaded in about 1% of all criminal cases. 24. California uses which test for the Insanity Defense? a. Substantial Capacity Test b. Irresistible Impulse Test c. Durham Rule d. M’Naghten Rule 25. The Insanity Defense is mostly successful when raised. A = True B = False 26. Which party bears the burden of proof on the defense of Duress? a. defendant b. prosecution c. victim d. jury 27. California uses the subjective version of the Entrapment defense: A = True B = False 28. Self Defense is considered an Excuse defense in criminal law. A = True B = False 29. States are required by the U.S. Constitution to provide for an Insanity Defense in their criminal statutes. A = True B = False 30. In a claim of spousal rape in California, the alleged victim generally has 3 years to file charges. A = True B = False POLICE SYSTEMS, PRACTICES CRIMINAL JUSTICE 331 FALL, 2013 - COURSE OUTLINE INSTRUCTOR: John Higley CLASS TIME: MWF 11-11:50 am OFFICE: James 271 CLASS LOCATION: BUS 252 OFFICE PHONE: (951) 343-4610 OFFICE HOURS: T/Th 7-8:00, 9:30-12:30; MWF 10-11:00 am. And by appointment E-MAIL: jhigley@calbaptist.edu REQUIRED TEXT: Dunham, Roger and Geoffrey Alpert (2010) Critical Issues in Policing: Contemporary Readings. Sixth edition. Long Grove, IL: Waveland Press, Inc. Peak, Kenneth J. (2012). Policing America – Challenges and Best Practices. Seventh edition. Upper Saddle River, New Jersey: Pearson/Prentice Hall. . Both textbooks are on reserve in the CBU library. COURSE DESCRIPTION: This course will provide an examination of the law enforcement function in the United States. We will explore many critical and often controversial issues related to policing in a ‘free society,’ as well as the effectiveness of traditional enforcement practices. Finally, the class will be exposed to the most current and dynamic crime and enforcement problems facing police agencies today. COURSE OBJECTIVES: Upon successful completion of this course, the student will be able to: *Discuss the history and development of law enforcement entities in the United States * Describe the unique responsibilities of enforcement agencies at the local, state and federal levels of government. How departments are organized and managed. * Recognize how social trends, crime, public demands and technology have shaped police goals and methods. * Acknowledge how departments address issues of accountability, while facing public demands, and within established legal limitations. CJ 331 Course Outline Page 2 * Recognize current crime issues and trends, and how agencies are evolving practices to address them. * Examine how philosophies of law and policing compare in other countries and societies. * Prepare a summary of a scholarly article. COURSE REQUIREMENTS: 1. All students are expected to attend class regularly, and to complete the reading assignments by the date indicated on the syllabus. Classroom discussion will occur daily, and students must be prepared to discuss readings. You are responsible for all of the material provided in the readings, through lecture presentations, handouts and guest speakers. 2. Two examinations will cover readings and all material presented in class. One exam will take place about the 8th week of the semester; the second exam will take place during finals week. These exams will include objective questions and an essay. Students will be required to bring a scantron (form 882-E) and a large blue book to class for each exam. Several potential essay questions will be handed out one week prior to the date of the exam; one essay question will be selected at random on exam day. All exams are closed note and closed book. 3. There will be two quizzes during the semester. The first quiz will be given 2 to 3 weeks after the beginning of class; the second 2 to 3 weeks after the midterm exam. Quizzes will cover classroom presentations and text materials discussed during that time period. A quiz may include ‘multiple choice,’ ‘fill in,’ and ‘short answer’ questions. ** NO make-up exams or quizzes will be offered. Absent the most serious and extenuating of circumstances, all students are expected to take examinations as given. Expect to take any approved make-up quiz or exam on the next day of class. Exceptions will be entirely at the discretion of the instructor, and will be considered on a case by case basis. It is the student's responsibility to contact the instructor to facilitate any make-up quiz or exam.. 4. As future criminal justice professionals, students must be able to properly summarize and analyze information in order to determine its relevant value, and to pursue proper courses of action. Professionals must possess strong written communication skills. This assignment will address these needs. Students will complete five (5) papers summarizing articles in the text, Critical Issues in Policing: Contemporary Readings. Each paper will be a maximum of 2 pages in length, typewritten and double spaced, and will summarize one article. CJ 331 Course Outline Page 3 Papers will be divided into two sections, summary and analysis. The summary is a brief but complete and accurate overview of the main points, ideas, opinions, etc., presented by the author(s). (No student opinions or thoughts at this point). A reader who has not seen the article should have an understanding of it by reading the summary. The second section, with the heading analysis, should be a critical evaluation of the author’s text and message(s). The student has the opportunity to offer his/her views of the article, based upon what has been discussed during the semester, personal experience or prior classes. Each paper shall be turned in with a title page (this page does NOT count toward the two page maximum) that will include: student name, author/article title/page number, and the due date of the assignment. NO LATE PAPERS will be accepted. Computer/printer/email or similar excuses are not acceptable. Any late or 'no' paper will receive a '0.' Grading criteria will include: * Orderly presentation of ideas (continuity of words and concepts, development of themes, examples and detail, overall organization, depth of analysis). * Smoothness of expression (absence of omissions, irrelevancies, shortness, wordiness or redundancy, appropriate use of tense). * Precision and clarity (use of precise words, grammar and mechanics). - Paper 1 will be from Chapters 1 thru 4 and 30, due September 20 Paper 2 will be from Chapters 11, 22 thru 25, due October 11 Paper 3 will be from Chapters 7, 9,14, 15 and 31 due November 1 Paper 4 will be from Chapters 5,16 thru 18 and 29 due November 22 Paper 5 will be from Chapters 10, 12, 13, 21 and 27, due December 4 GRADING: Two quizzes (50 points each) Midterm exam Final exam Article summaries (20 points each) Participation, attendance Total points possible CJ 331 Course Outline page 4 100 points 130 points 130 points 100 points 40 points = 500 points POINT DISTRIBUTION: ‘A’ = 460-500 ‘C’ = 360-389 ‘A-‘ = 450-459 ‘C-‘ = 350-359 ‘B+’ = 440-449 ‘D+’ = 340-349 ‘B’ = 411-439 ‘D’ = 311-339 ‘B-‘ = 400-410 ‘D-‘ = 300-310 ‘C+’= 390-399 ‘F’ = 300 and below 1) NO TEXT MESSAGING IN CLASS. 2) Plagiarism: copying even a part of a sentence from a text, article or news story in your paper without acknowledging the source and using quotes is plagiarism. Copying and just changing a word or two is still plagiarism. The CBU Student Handbook contains the University policies relevant to plagiarism, and it is assumed every student understands them. Plagiarism, or any other verifiable incident of academic dishonesty, will result in an ‘F’ on the assignment and possibly an ‘F’ in the course. Additional information may be found on the website, www.plagiarism.com. The best ‘rule of thumb?’ If you didn’t think of it yourself, or it isn’t common knowledge, cite it! If in doubt… cite it! 3) This is not a web-enhanced course. However, BlackBoard will be used as the primary communication tool for issues pertaining to the class. Students should get into the habit of checking BlackBoard for announcements and other helpful information. 4) Grades are final upon the completion of the semester. Changes are permissible only in the event of a calculation or recording error. 5) NO extra credit assignments are available. 6) Athletes, performing artists, etc: it is your responsibility to notify the instructor – in advance – if you will be missing class due to a CBU function. COURSE SCHEDULE * WEEK 1 Sep 4 - 6 DATE 2 Sep 9 - 13 TOPIC READINGS____________ Course Introduction Peak, Chapter 1 History of Policing Dunham, Chapter 2 _____________________________________________ History of Policing Peak, Chapter 1 Roles of Police Peak, Chapter 2 3 Sep16 - 20 Police Culture 4 Sep 23 - 27 Police administration Peak, Chapter 4 Quiz #1 Sep 23 ______ ______ Patrol Function Peak, Chapter 5 Dunham, Chapter 8_ _ Community Policing Peak, Chapter 6 Dunham, Chapter 22-24 Criminal Investigation Peak, Chapter 7 Midterm Exam Oct 18 5 Sep 30 – Oct 4 6 Oct 7 – 11 7 Oct 14 - 18 Peak, Chapter 3 8 Oct 21 – 25 Special Problems Peak, Chapter 12 9 Oct 28 – Nov 1 Special Problems Peak, Chapter 13 Quiz 2 Nov 1 10 Nov 4 - 9 Legal Limitations Accountability Legal Limitations Liability Ethics Peak, Chapter 9 11 Nov 11 -15 12 Nov 18 - 22 13 Nov 25 - 29 14 Dec 2 - 6 Peak, Chapter 10,11 Peak, Chapter 10 11 NO CLASS: HAPPY THANKSGIVING! Policing Trends Peak, Chapter 14,15 Future December 11 Wed at 11:00 am FINAL EXAM * This calendar serves as a guideline ONLY. Schedule and assignments may adjust as necessary; guest speakers will be added. Quizzes and exam dates are predicated by completing specific topics of study. TOPIC for the Research Paper – Criminology (CJS401) - Fall 2013 In recent years, there have been a number of sensational crimes that have been widely reported by the media. Review the news reports dealing with each of the defendants identified, and then choose ONE of the following criminal cases for your Research Paper: - Jodi Arias - Whitney Bulger - James DiMaggio (kidnap/murder) - Summer Michelle Hansen - Amanda Knox - Drew Peterso - Scott Peterson - Phil Spector - Marybeth Tinning - Gilberto Valle - Joran Van der Sloot Based on the various criminological theories that have been addressed in the textbook and discussed in class, carefully consider and analyze the defendant (personality; upbringing; significant events in his/her life – all relevant factors) in the case you have chosen. Which theory of criminology appears to most accurately describe the behavior of the defendant in your case, and why have you reached that conclusion? Your conclusion must be supported by careful, logical, critical analysis of the defendant you have chosen. This paper must be supported by far more than mere antidotal information – it will require an in-depth understanding of the defendant, and a careful consideration of the various criminological theories discussed, before the “appropriate” criminological theory is identified. This paper requires an integration of “current cases” with the information discussed during the course of this semester. If the defendant has been sentenced, is the sentence appropriate, why or why not? If the defendant has not been sentenced, what should the appropriate sentence be, and why? (Again, the perception of what the appropriate sentence should be requires analysis that is supported by factual, and/or philosophical, and/or legal considerations – not mere personal opinion.) TOPIC for RESEARCH PAPER – CJS496 (Fall 2013) On August 12, 2013, Attorney General Eric Holder called for sweeping changes to the American judicial system, with the following observations: “’As part of that effort [sweeping changes to the criminal justice system and how certain drug crimes should be prosecuted], the Justice Department will no longer list drug quantities in indictments of certain low-level drug offenders, allowing defendants who lack ties to gangs, violence and large-scale drug trafficking organizations to avoid harsh mandatory minimums, Holder announced during the Monday speech before the American Bar Association. ‘We must ensure that our most severe mandatory minimum penalties are reserved for serious, high-level, or violent drug traffickers,’ Holder wrote in a three-page memo released Monday, outlining the changes for federal prosecutors. ‘in some cases, mandatory minimum and recidivist enhancement statutes have resulted in unduly harsh sentences and perceived or actual disparities that do not reflect our Principles of Federal prosecution. Long sentences for low-level, nonviolent drug offenses do not promote public safety, deterrence, and rehabilitation.’ Holder was even more direct in his ABA speech, calling mandatory minimums ‘draconian’ and asking Congress to reform a system which can ‘breed disrespect’ for itself. ‘When applied indiscriminately, they do not serve public safety. They –- and some of the enforcement priorities we have set –- have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive,’ Holder said. Federal prosecutors ‘cannot –- and should not –- bring every case or charge every defendant who stands accused of violating federal law,’ Holder said in a speech, drawing applause from the crowd. He referred to the U.S. prison population as ‘outsized and unnecessarily large.’” Do you believe the Attorney General’s position is justified, and why or why not? The primary purpose of corrections is to help assure the safety of society – does the Attorney General’s position help or harm in achieving that objective? Support your conclusion with research-based, rational, logical reasoning. (Do not overlook any separation of powers issued raised by his position.) ∆ The research for this paper MUST include your consideration-of and reliance upon NO FEWER than three (3) different scholarly and/or academic resources. Every source identified on the References Cited page must be relied-upon and identified within the body of the paper no less than three (3) times. It will be necessary for you (and a higher grade for this assignment), to read researchers from both sides of the issue, identify the basic positions taken on both sides of the issue, and then articulate which perspective of the issue is right, and why it is the correct position from a rational, logical perspective – this requires logical thinking and critical analysis – it also requires TIME and PERSONAL EFFORT. INTRODUCTION TO CRIMINAL JUSTICE CRIMINAL JUSTICE 113 SPRING 2014- COURSE OUTLINE INSTRUCTOR: John Higley OFFICE: James 271 OFFICE PHONE: 951 343-4610 CLASS TIME: T/TH 11–12:20 pm CLASS LOCATION: YCTR B251 OFFICE HOURS: MWF 8-9:00 am, 10-1:00 pm T/TH 8:30- 9:30 am * and by appointment E-MAIL: jhigley@calbaptist.edu REQUIRED TEXT: Schmalleger, Frank (2011). Criminal Justice: A Brief Introduction. 9th Edition. Upper Saddle River, NJ: Pearson/Prentice-Hall. A copy of the textbook is on reserve in the CBU library. COURSE DESCRIPTION: This course will explore the history and philosophy of the criminal justice system in the United States, of crime and its impact on society. This overview will include the ‘sub-systems’ of criminology, law enforcement, prosecution, the judiciary and corrections. The current issues of juvenile justice will also be explored. COURSE OBJECTIVES: Upon completion of this course, the student will be able to: Know and define the basic components of the criminal justice system Know the nature and extent of criminal justice information sources Understand some basic crime definitions Understand and appreciate the specific roles and interrelationships of the various components of the CJ system Discuss current issues and trends in law enforcement, the court system and corrections Recognize the distinctions which make the juvenile justice system different than the adult justice system Understand some basic criminological theory CJ 113 Course Outline Page 2 COURSE REQUIREMENTS: The course will comprise of 2 classroom quizzes and 3 major, non-cumulative examinations. The quizzes may include multiple choice, short answer, true/false and ‘fill in the blank’ type of questions. The examinations will generally consist of multiple choice questions that will require a ‘scantron’ answer sheet and a #2 pencil. Each exam will cover the assigned reading, guest speakers, discussions and video. These will be discussed further in class. CLASS EXPECTATIONS: 1. All students are expected to attend class regularly, and to complete the reading assignments by the date indicated on the syllabus. You are responsible for ALL readings and classroom presentations. Participation is a factor in your final grade. 2. A number of guest speakers will visit the class. These are professionals in the Criminal Justice world who are giving of their valuable time to share with us their insight and knowledge. It is critical that all students be in class on the days guest speakers are present, and to engage these professionals with questions, etc. Unapproved or non-verifiable ‘extenuating circumstance’ or other absence on the day of a scheduled guest speaker will result in a deduction of 10 points, per absence, at the end of the semester. 3. No make-up exams or quizzes will be given, except under the most serious and extenuating of verifiable circumstances, and at the sole discretion of the instructor. Expect to take any approved make-up exam or quiz on the very next day of class, unless other arrangements are made in advance. It is the student’s responsibility to contact the instructor to facilitate this. If you anticipate a potential schedule/exam conflict, contact the instructor in advance. 4. No extra credit assignments are available. 5. No text messaging in class. 6. This is not a web-enhanced course. Students should confirm that their email addresses are current, and should get into the habit of checking BlackBoard for announcements and other helpful information. Individual results on exams and quizzes will be posted on BlackBoard. CJ 113 Course Outline Page 3 7. Grades are final upon the completion of the semester. Changes are permissible only in the event of a calculation or recording error. 8. Any graduating senior who anticipates needing an ‘early’ semester grade MUST contact the instructor as soon as possible. GRADING: Two quizzes (40 points each) Three exams (115 points each) Class participation Total points possible = 80 points = 345 points = 75 points = 500 points Point distribution: ‘A’ = ‘A-‘ = ‘B+’ = ‘B’ = ‘B-‘ = ‘C+’ = 460 – 500 450 – 459 440 – 449 411 – 439 400 – 410 390 – 399 ‘C’ = ‘C-‘ = ‘D+’ = ‘D’ = ‘D -’ = ‘F’ = 360 – 389 350 – 359 340 – 349 311 – 339 300 – 310 below 300 COURSE SCHEDULE * WEEK DATE 1 Jan 9 2 Jan 14 - 16 TOPIC READINGS Introduction, Syllabus Crime in America Chapter 1 Chapter 1, 2 3 Jan 21 - 23 Policing Chapter 3, 4 _______________________________________________Quiz #1_Jan 21*____ 4 Jan 28 - 30_________ Policing Chapter 5, 6 5 Feb 4 - 6 Policing Chapter 6 , Exam #1 Feb 6* 6. Feb 11 - 13 The Courts Chapter 7 7 Feb 18 - 20 The Courts Chapter 7, 8 Quiz #2 Feb 20* 8. Feb 25 - 27 The Courts Chapter 8 9 Mar 4 - 6 The Courts Chapter 9 Exam 10. Mar 11 - 13 The Courts Exam # 2 Mar 11 11 Mar 19 - 21 No class: Happy Spring 12 Mar 25-27 Corrections Chapter 10 13 April 1 - 3 Corrections Chapter 11_______ 14 April 8 -10 Corrections 15 April 15 Corrections, Juveniles Chapter 11, 12 No class April 17 Chapter 12, 13 16 Apr 23 Juveniles Chapter 13 ___ FINAL EXAM TUESDAY APRIL 29 AT 8:00 am * This schedule is a general guideline ONLY. Guest speakers will be added, adjustments will be made as necessary. Quizzes and exams occur as relevant class topics are completed. Criminal Law – Exam 3 Short essay: Answer any 2 of the following questions (20 points each) in essay form in your Bluebook. 1. Compare and contrast common law concepts of the crime of rape with the modern (California) version of the crime. 2. Describe and discuss the various forms of criminal homicide in California 3. Define and discuss the two main tests for Insanity (M’Naghten and Modal Penal Code). Give a reasoned answer. Objective: Mark the correct answer on your Scantron with a No. 2 pencil. 1. “Murder” is: a. the unjustifiable killing of another. b. self-defense. c. the killing of oneself. d. an accidental killing of another 2. For the felony-murder rule to apply, which one of the following must be true? a. The killing must be intentional. b. The killing must occur during the commission of a felony. c. The actor must have had an adequate cause causing sudden passion. d. The actor must have a conscious indifference to human life. 3. Assisted Suicide is a crime in California. A = True B = False 4. The crime of " Suicide" in California is classified as: a. 1st degree felony b. Misdemeanor c. 3rd degree felony d. “Suicide” is not a crime in California 5. For a “death” to have occurred under common law there had to be: a. a stoppage of brain function b. a stoppage in heart and lung activity c. a doctor’s note d. two witnesses 6. Statutory rape requires that threats or force be used by the rapist. A = True B = False 7. The most serious form of homicide is: a. criminal negligence b. manslaughter c. murder d. intoxication manslaughter 8. “Sudden passion”, in California homicide law must come from: a. an “adequate provocation”. b. fear alone. c. anger at “the system”. d. an old grudge. 9. At common law a boy under the age of ______ was seen as incapable of committing rape. a. 14 b. 13 c. 12 d. 16 10. Which one of the following was NOT an element of common law Rape? a. sexual intercourse b. with a man or woman c. with force d. against the will of the victim. 11. “Pre-marital sexual conduct”, not a crime under common law, was called: a. fornication b. adultery c. molestation d. sexual battery 12. The term “Statutory rape” refers to: a. rape as defined by the law b. sexual intercourse with one under the age of consent c. sexual intercourse with one under the influence of alcohol d. bothering artworks 13. The statement, "Ignorance of the law is no excuse" is an example of which defense? a. laches b. Mistake of fact c. Necessity d. Mistake of law 14. Which one of the following is NOT a capital offense in California? a. murder for hire b. intentional felony murder c. murder caused by sudden passion d. murder of a police officer 15. Deception that relates not to the thing done (the alleged crime – like the Boro case) but merely to a collateral matter is called: a. Fraud in fact b. Statute of Frauds c. Fraud in the inducement d. just plain fraud e. All of the above 16. The standard for the legality of the use of force for police officers is: a. reasonableness b. rational relationship c. deliberate indifference d. necessity 17. Which of the following will NOT allow an “initial aggressor” to reclaim his right of self-defense? a. Initial aggressor withdraws from the conflict. b. Initial aggressor communicates somehow to the victim that he is no longer in danger. c. Initial aggressor abandons the conflict by running away d. Initial aggressor tires out and quits beating victim 18. Which one of the following is NOT a factor, as given in the notes, used in determining whether or not a defendant committed a crime under Duress? a. defendant's predisposition b. gravity of the threat c. opportunities for escape d. seriousness of crime involved 19. A defendant found "Not Guilty by Reason of Insanity" may be retried for the same offense if he/she later regains sanity. A = True B = False 20. California law allows the verdict "Guilty, But Mentally Ill" in criminal trials. A = True B = False 21. You must retreat from your home, if possible, when confronted with a burglar who threatens deadly force. A = True B = False 22. For which one of the following crimes may a California citizen NOT make a citizen’s arrest? a. Hit and run (failure to stop) b. DUI c. speeding d. witnessed felony 23. Which one of the following statements is FALSE concerning the Insanity Defense? a. Defendants plead insanity almost 50% of the time. b. Insanity is a legal term. c. Insanity defense is almost never successful. d. Insanity defense is pleaded in about 1% of all criminal cases. 24. California uses which test for the Insanity Defense? a. Substantial Capacity Test b. Irresistible Impulse Test c. Durham Rule d. M’Naghten Rule 25. The Insanity Defense is mostly successful when raised. A = True B = False 26. Which party bears the burden of proof on the defense of Duress? a. defendant b. prosecution c. victim d. jury 27. California uses the subjective version of the Entrapment defense: A = True B = False 28. Self Defense is considered an Excuse defense in criminal law. A = True B = False 29. States are required by the U.S. Constitution to provide for an Insanity Defense in their criminal statutes. A = True B = False 30. In a claim of spousal rape in California, the alleged victim generally has 3 years to file charges. A = True B = False POLICE SYSTEMS, PRACTICES CRIMINAL JUSTICE 331 SPRING, 2014 - COURSE OUTLINE INSTRUCTOR: John Higley CLASS TIME: T/TH 9:30 – 11:00 am OFFICE: James 271 CLASS LOCATION: YCTR B258 OFFICE PHONE: (951) 343-4610 OFFICE HOURS: T/Th 8:30-9:30 am; MWF 8 - 9:00 am, 10 - 1:00 pm. * and by appointment. E-MAIL: jhigley@calbaptist.edu REQUIRED TEXT: Peak, Kenneth J. (2011) Policing America – Methods, Issues, Challenges. 7th edition. Upper Saddle River, New Jersey: Prentice Hall. Dunham, Roger and Geoffrey Alpert. (2010) Critical Issues in Policing – Challenges and Best Practices. 6th edition. Long Grove, IL: Waveland Press. Both textbooks are on reserve in the CBU library. COURSE DESCRIPTION: This course will provide an examination of the law enforcement function in the United States. We will explore many critical and often controversial issues related to policing in a ‘free society,’ as well as the effectiveness of traditional enforcement practices. Finally, the class will be exposed to the most current and dynamic crime and enforcement problems facing police agencies today. COURSE OBJECTIVES: Upon successful completion of this course, the student will be able to: *Discuss the history and development of law enforcement entities in the United States * Describe the unique responsibilities of enforcement agencies at the local, state and federal levels of government. How departments are organized and managed. * Recognize how social trends, crime, public demands and technology have shaped police goals and methods. * Acknowledge how departments address issues of accountability, while facing public demands, and within established legal limitations. CJ 331 Course Outline Page 2 * Recognize current crime issues and trends, and how agencies are evolving practices to address them. * Prepare a summary of a scholarly article. COURSE REQUIREMENTS: 1. All students are expected to attend class regularly, and to complete the reading assignments by the date indicated on the syllabus. Classroom discussion will occur daily, and students must be prepared to discuss readings. You are responsible for all of the material provided in the readings, through lecture presentations, handouts and guest speakers. 2. Two examinations will cover readings and all material presented in class. One exam will take place about the 8th week of the semester; the second exam will take place during finals week. These exams will include objective questions and an essay. Students will be required to bring a scantron (form 882-E) and a large blue book to class for each exam. Several potential essay questions will be handed out one week prior to the date of the exam; one essay question will be selected at random on exam day. All exams are closed note and closed book. 3. There will be two quizzes during the semester. The first quiz will be given about 2 to 3 weeks after the beginning of class; the second about 2 to 3 weeks after the midterm exam. Quizzes will cover classroom presentations and text materials discussed during that time period. A quiz may include ‘multiple choice,’ ‘fill in,’ and ‘short answer’ questions. ** NO make-up exams or quizzes will be offered. Absent the most serious and extenuating of verifiable circumstances, all students are expected to take examinations as given. Expect to take any approved make-up quiz or exam no later than the next day of class. Exceptions will be entirely at the discretion of the instructor, and will be considered on a case by case basis. It is the student's responsibility to contact the instructor to facilitate any make-up quiz or exam. If you anticipate a potential schedule conflict, discuss it with the instructor. 4. As future criminal justice professionals, students must be able to properly summarize and analyze information in order to determine its relevant value, and to pursue proper courses of action. Professionals must possess strong written communication skills. This assignment will address these needs. Students will complete five (5) papers summarizing articles in the text, Critical Issues in Policing. Each paper will be a maximum of 2 pages in length, typewritten and double spaced, and will summarize one article. CJ 331 Course Outline Page 3 Papers will be divided into two sections, with the headings summary and analysis. The summary is a brief but complete and accurate overview of the main points, ideas, opinions, etc., presented by the author(s). (No student opinions or thoughts at this point). A reader who has not seen the article should have an understanding of it by reading the summary. The second section, with the heading analysis, should be a critical evaluation of the author’s text and message(s). The student has the opportunity to offer his/her views of the article, based upon what has been discussed during the semester, personal experience or prior classes. Each paper shall be turned in with a title page (this page does NOT count toward the two page maximum) that will include: student name, author/article title/page number, and the due date of the assignment. NO LATE PAPERS will be accepted. Computer/printer/email or similar excuses are not acceptable. Any late or 'no' paper will receive a '0.' Grading criteria will include: * Orderly presentation of ideas (continuity of words and concepts, development of themes, examples and detail, overall organization, depth of analysis). * Smoothness of expression (absence of omissions, irrelevancies, shortness, wordiness or redundancy, appropriate use of tense). * Precision and clarity (use of precise words, grammar and mechanics). - Paper 1 will be from Chapters 1 thru 4 and 30, due January 24 Paper 2 will be from Chapters 11, 22 thru 25, due February 14 Paper 3 will be from Chapters 7, 9, 14, 15 and 31, due March 7 Paper 4 will be from Chapters 5, 16 thru 18 and 29, due March 28 Paper 5 will be from Chapters 10, 12,13,21 and 27, due April 23 GRADING: Two quizzes (50 points each) Midterm exam Final exam Article summaries (20 points each) Participation, attendance Total points possible 100 points 130 points 130 points 100 points 40 points = 500 points CJ 331 Course Outline Page 4 POINT DISTRIBUTION: ‘A’ = 460-500 ‘A-‘ = 450-459 ‘B+’ = 440-449 ‘B’ = 411-439 ‘B-‘ = 400-410 ‘C+’= 390-399 ‘C’ = 360-389 ‘C-‘ = 350-359 ‘D+’ = 340-349 ‘D’ = 311-339 ‘D-‘ = 300-310 ‘F’ = 300 and below 1) NO TEXT MESSAGING IN CLASS. 2) Plagiarism: copying even a part of a sentence from a text, article or news story in your paper without acknowledging the source and using quotes is plagiarism. Copying and just changing a word or two is still plagiarism. The CBU Student Handbook contains the University policies relevant to plagiarism, and it is assumed every student understands them. Plagiarism, or any other verifiable incident of academic dishonesty, will result in an ‘F’ on the assignment and possibly an ‘F’ in the course. Additional information may be found on the website, www.plagiarism.com. The best ‘rule of thumb?’ If you didn’t think of it yourself, or it isn’t common knowledge, cite it! If in doubt… cite it! 3) This is not a web-enhanced course. Students should get into the habit of checking BlackBoard for announcements and other helpful information. Assignment, quiz and exam results will be posted on BlackBoard. 4) Grades are final upon the completion of the semester. Changes are permissible only in the event of a calculation or recording error. 5) NO extra credit assignments are available. 6) Any graduating senior anticipating needing an ‘early’ grade should advise the instructor as soon as possible. COURSE SCHEDULE * WEEK 1 Jan 8 - 10 DATE 2 Jan 13 - 17 TOPIC READINGS____________ Course Introduction Peak, Chapter 1 History of Policing _____________________________________________ History of Policing Peak, Chapter 1 Roles of Police Peak, Chapter 2 3 Jan 20 -24 Police Culture 4 Jan 27-Jan 31 Police administration Peak, Chapter 4 Quiz #1 Jan 27 ______ ______ Patrol Function Peak, Chapter 5 _ _ Community Policing Peak, Chapter 6 5 Feb 3 - 7 6 Feb 10 - 14 Peak, Chapter 3 No class Jan 20 7 Feb 17-21 Criminal Investigation Midterm Exam Feb 17 Peak, Chapter 7 8 Feb 24 - 28 Special Problems Peak, Chapter 8 9 Mar 3 - 7 Special Problems Peak, Chapter 8 Quiz 2 Mar 7 10 Mar 10-14 Legal Limitations Peak, Chapter 9 11 Mar 17 -21 No class: Happy Spring 12 Mar 24- 28 Accountability, Ethics Peak Chapter 10 13 Mar 31 – Apr 4 Liability Peak, Chapter 11 14 April 7 - 11 Policing Trends 15 April 14 - 16 Comparative Policing 16 April 23 Future, course wrap-up Peak Chapter 12 No class Apr 18 Peak, Chapter 13 No class Apr 21 Peak, Chapter 14 Thursday April 24 Final Exam 11:00 am * This calendar serves as a guideline ONLY. Schedule and assignments may adjust as necessary; guest speakers will be added. Quizzes and exam dates are predicated by completing specific topics of study, not listed time frames. CJS 497 Comparative Criminal Justice Course Project Spring 2014 Do the following for your assigned country. Due as indicated in the syllabus PART I = 10 points Obtain the following information: 1. Name of country 2. Location of country 3. Capital city of country 4. Population of the country 5. Type of government 6. Major religions 7. Language/s spoken in country 8. Type and number of minority population, if any. PART II = 40 points For your countries obtain at least eight (8) of the following information categories, to be listed under separate headings (either listed or in paragraph form): a. Types of police and number of officers in each agency b. Rank structure within the police agency/agencies c. Length of basic training for police officers d. Major crime statistics for the country selected e. Political scandals or problems in the country's government f. Number of prisons or correctional institutions (by type) g. Rank structure for correctional officers h. Incarceration rate (usually #/100,000 people of population) and number of persons incarcerated i. Use of death penalty-number per year and method j. Identify and discuss one or more significant challenges to the country's CJ system k. Identify any terrorist groups or organizations active in the country selected* *Must include information on recent major (within past year or so) terrorist attacks/incidents within the country and the extent to which the group is active outside of the country. Could also be the reverse, with the group being external to the country but having a presence or subgroup in the country assigned. If you are unable to find information for at least eight categories involving one country, contact the professor. Each category must be utilized as a HEADING and information obtained for that category must follow the heading. If you obtain the information from the Internet, you MUST list the http addresses (URL) for each document/web page you use for a particular category after you list the information for that category. The project will be further discussed in class and more specific instructions regarding the type of information to be given for each category will be provided. If you are unable to understand any of these instructions, it is your responsibility to check with the professor for further clarification at the beginning of the semester (do not wait until the end of the semester). Students absent during the time country assignments are passed out are responsible for emailing the professor for their country assignment. All websites/pages used to obtain information must be listed for each category. Research Paper (100 points): All students must write a 6-8 page research paper (excluding title page, Works Cited page) discussing and/or exploring two or more of the following categories: 1. Differences between the foreign country and the US as they pertain to the categories of information obtained in part II 2. Aspects of the foreign country's CJ system that could be adopted here in the U.S. 3. Reasons for the structure or particular function or malfunction of the foreign CJ system or its components. (Cultural, historical, political and other influences) 4. Similarities of the system here with the CJ system in any of other countries assigned 5. General differences in treatment of juveniles by the foreign CJ system compared to the U.S. 6. Differences between treatment of females and males in the foreign CJ system. All sources of information must be properly cited within the essay and in a works cited page at the end of the paper. The essays must be double spaced with normal margins and font no greater than 12-pt Times New Roman. Use APA Citation format for citations. At least 5 academic sources – must be used and put in a Works Cited page (not one of the 6-8 pages). In class presentations of country paper (50 points)