COURSE SYLLABUS – CJ 233-101 – Criminal Procedure
Course Number, Title, CRN, Section: CJ 233, Criminal Procedure, CRN: 1788, Section 101
Semester, Year, Day, Time, Location: Fall 2012, Mondays, 6:30-8:50 p.m., Smith Hall – Room 416
Instructor Name: Kent L. Bryson, J.D.
Office:
Cabell County Prosecuting Attorneys Office
Suite 350
Cabell County Courthouse
750 Fifth Avenue
Huntington, West Virginia 25701
Telephone:
(304) 526-8653 (office); (304) 691-0432 (cell); (304) 696-5230 (MCTC main office)
E-mail:
bryson@marshall.edu
Office Hours: By appointment only
Course Description, Credits, Prerequisites:
This course is a study of criminal procedure. Instead of focusing on substantive criminal law, in this course
we will analyze what powers and limitations the government has in enforcing the criminal law. Therefore, the
question we will seek to answer is not whether a person has committed a crime. Instead, we seek to understand
whether the actions of government officials were permissible or not. A person’s guilt is of no consequence to us.
This course primarily is an analysis of constitutional law concerning the Fourth, Fifth and Sixth Amendments of the
United States Constitution. Our primary concern will be how the Supreme Courts interpret these amendments as it
relates to practitioners in the criminal justice system. This course will have an emphasis on West Virginia Criminal
Law and Procedure 3 credits. PR: None
Required Textbook(s):
ISBN: 978-1-59345-961-1
Criminal Justice Procedure (Robert L. Carlson, 7th ed., Anderson Publishing
2005)
Course Management:
This course will be taught using a “soft” Socratic Method. I expect all students to participate in discussion
and to assist in maintaining our learning environment. I will usually ask each student a couple of questions about
the implications of the case beyond the facts they presented. It is never my intention to either embarrass a student
or to “put them on the spot”. However, such an exercise is important to help you critically examine case law and
help prepare those for a law school environment where professors will call on students without warning. Although
class participation will not be evaluated in any strict sense, it will be considered during the course of the semester.
Recommended Materials:
Computer Requirement:
Each student must have an account with Marshall University Computing Services. Each student will be required to
present all assignments in a format applying word processing techniques.
Learning Outcomes: After successfully completing this course, students will be able to:
1.
Explain the origins of criminal law
2.
Understand the constitutional limitations on criminal responsibility
Course Syllabus
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
CJ 233, Criminal Procedure, Fall 2012
Page 2 of 6
Understand the concepts of actus reus and mean rea
Distinguish between criminal responsibility, justification, and excuse defenses and procedural
defenses
Demonstrate an understanding of the Criminal Justice System in America
Describe the nature of crime and the law
Illustrate an understanding of the extent and measurement of crime
Demonstrate an understanding of the history and structure of police systems
Demonstrate an understanding of procedural law and how it is applied
Describe the American court structure and the courtroom work group
Illustrate an understanding of due process and the stages of the court process
Describe the history of punishment and corrections
Illustrate an understanding of the juvenile justice system.
General Education Learning Outcomes:
1.
Communicate effectively using written and oral skills.
2.
Utilize technology competently.
3.
Use critical thinking skills.
4.
Develop an awareness of ethical behavior.
5.
Recognize the richness of diversity.
Assessment of Learning Outcomes:
Learning outcomes 1-9 will be assessed through various exams that will require the application of skills
covered in the learning outcomes. Learning outcomes 1-9 will be assessed through the writing project that will
require the application of skills covered in the learning outcomes.
Portfolio:
All Projects should be saved by students for possible inclusion in the Portfolio requirement of the Capstone
Course.
Evaluation/Grading:
Exams: Exams will consist of short answer and essay questions. The exams will cover course material (i.e.,
readings, lectures, etc.) for the period preceding the exam date. All exams will be weighted equally. No review
sheets will be provided. “Late and Early” exams are strongly discouraged. Notification must be provided in
advance if you will be missing a class session when an exam is administered. Acceptable “excuses” relate to serious
emergencies such as a death in the family and serious illness. Phone or email notifications are acceptable forms of
communication. Documentation may be requested. Unexcused late exams will be penalized 25% each day
(including Saturday and Sunday). Late and early exams will be given in a different format, usually essay exam. After
four days, the grade of zero will be given for any test not taken.
Writing Assignment: There will be one writing assignments throughout the semester. The assignment
should be approximately 5 pages in length and will be focus on a key issue discussed during the semester. Students
are expected to think critically about the material and present a well-thought out discussion of the issues.
Evaluation will be based upon exams and written assignment. Four exams will be given throughout the
semester. Each exam will be worth 100 points. The exams will total 400 points of the final grade. One writing
assignments will be given. The writing assignment will be worth 100 points. Accordingly, the total number of
points to be used for evaluation/grading purposes for this class is 500.
Percentages:
A = 94-100Points:
B = 86-93
A = 500-470
B = 469-430
Course Syllabus
CJ 233, Criminal Procedure, Fall 2012
C = 78-85
D = 70-77
F = 69 or Less
Page 3 of 6
C = 429-390
D = 389-350
F = 349 or Less
Merriam-Webster Online defines “deadline” as “… a date or time before which something must be
done….” In the practice of law, deadlines are critically important. In fact, failure to meet a deadline can result in
malpractice suits and ethical dilemmas. In order to emphasize the importance of being timely, I implement a strict
policy regarding deadlines. All research and writing assignments will be due at the beginning of class (regular start
time plus a 10 minute grace period). To facilitate learning outcomes, I will review your late assignment and offer
feedback, but a late assignment will be given zero points. Zero points. No exceptions. None. (Please note that
the definition of “deadline” does not preclude early submissions. Early submissions will not be penalized.)
All written projects must be submitted in hard copy and not electronically. All written projects must be
typed using Times New Roman font 12 point.
Attendance/Tardiness Policy:
Marshall University does not have a mandatory attendance policy. However, you are expected to attend all
class sessions. On a Monday schedule, each class period represents three (3) classes. If you miss a class, it is your
responsibility to contact a fellow class member to determine what occurred in class and what assignments were
made. Please do not contact me to re-teach the class. You are responsible for all materials covered during your
absence.
Make-up Policy:
Should you have a University/Community College excused absence, you will be permitted to make-up
missed work. You will be afforded the same timeframe that other students were afforded to complete the
assignment.
Important Dates in General:
MARSHALL UNIVERSITY
FALL 2012 ACADEMIC CALENDAR
August 20, Monday -- August 24, Friday - Registration/Schedule Adjustment
August 22, Wednesday, 9 a.m. - Residence Halls Open for Freshmen
August 22, Wednesday --- August 24, Friday - Week of Welcome for Incoming Freshmen
August 25, Saturday, 9 a.m. - Residence Halls Open for Upperclassmen
August 27, Monday, 8 a.m. - First Day of Classes
August 27, Monday -- August 31, Friday - Late Registration and Schedule Adjustment (Add/Drop)
August 31, Friday - Last Day to Add Classes - (Withdrawals Only After This Date)
September 1, Saturday -- September 3, Monday - University Computer Services Unavailable
September 3, Monday - Labor Day Holiday - (University Closed)
Course Syllabus
CJ 233, Criminal Procedure, Fall 2012
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September 4, Tuesday - "W" Withdrawal Period Begins
September 21, Friday - Application for December Graduation - Due in Academic Dean's Office
September 28, Friday - Last Day to Drop 1st 8 Weeks Courses
October 8, Monday - Graduate Students: Final Draft of Thesis/Dissertation - Due in Advisor's Office
October 16, Tuesday - Mid-Semester - 1st 8 Weeks Courses End
October 17, Wednesday - 2nd 8 Weeks Courses Begin
October 22, Monday, Noon - Deadline for Submitting Freshmen Mid Term Grades
October 29, Monday - Students should schedule appointments with advisors to prepare for advance
registration.
November 2, Friday - Last Day to Drop a Full Semester Individual Course
November 5, Monday -Recommended Date to Apply for May 2013 Graduation
November 5, Monday - December 11, Tuesday - Complete Withdrawals Only
November 5, Monday - November 16, Friday - Advance Registration for Spring Semester for Currently
Enrolled Students
November 16, Friday - Last Day to Drop 2nd 8 Weeks Courses
November 17, Saturday, Noon - Residence Halls Close - (Freshmen residence halls remain open during
break)
November 19, Monday - November 24, Saturday - Thanksgiving/Fall Break - Classes Dismissed
November 19, Monday - December 20, Thursday - Advance Registration for Spring Semester Open to All
Admitted/Re-Admitted Students
November 22, Thursday -- November 25, Sunday - University Computer Services Unavailable
November 22, Thursday - Thanksgiving Holiday - University Closed
November 23, Friday - University Holiday - University Closed
November 25, Sunday, 9 a.m. - Residence Halls Open
November 26, Monday - Classes Resume
December 5, Wednesday -- December 11, Tuesday - Dead Week
December 11, Tuesday - Last Class Day and Last Day to Completely Withdraw for Fall Semester
December 12, Wednesday - Study Day - Exams for Wednesday Classes 3 p.m. and After Will Be Held
Course Syllabus
CJ 233, Criminal Procedure, Fall 2012
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December 13, Thursday - Graduate Students: Approved ETD - Must Be Uploaded to ProQuest
December 13, Thursday - Exam Day
December 14, Friday - Exam Day
December 15, Saturday - Exam Day for Saturday Classes (and some common finals)
December 16, Sunday, 2:00 pm - Winter Commencement-Cam Henderson Center
December 17, Monday - Exam Day
December 18, Tuesday Exam Day -- Fall Semester Closes
Official Graduation Date For Fall Semester
December 19, Wednesday, Noon - Residence Halls Close - (Freshmen residence halls remain open during
break)
December 20, Thursday, Noon - Deadline for Submitting Final Set of Grades
December 21, Friday - December 26, Wednesday
Advance Registration/Schedule Adjustment for Spring
Semester is Suspended
December 21, Friday - January 1, 2013, Tuesday
University Closed
December 27, Thursday - December 28, Friday
Student Service Offices Open 10:00 a.m. -- 4:00 p.m.
(Admissions, Advising, Bursar, Financial Aid, Student Resource Center, Registrar)
Academic Misconduct and Unethical Conduct:
Do not pretend to get an education! There are no excuses for cheating in any of its various and creative
forms, including submitting any part of another person’s work for your own or misplacing research materials. Any
form of academic misconduct or unethical conduct will result in an “F” in this course.
Inclement weather:
In the event the University is closed for inclement weather or any other emergency, assignments will be due
at the next regular class period. If the University is on a two hour delay, classes begin at 10:00 a.m. (For
Tuesday/Thursday classes, a two hour delay means that 8:00 a.m. classes are canceled and classes scheduled to
begin at 9:30 a.m. will begin at 10:00 a.m.)
Classroom etiquette or rules of conduct
Since every student is entitled to full participation in class without interruption, all students are expected to
be in class and prepared to begin on time. Pagers, cell phones, and CD players should be turned off when you enter
the classroom. It is a distraction to the class, and me, when phones and pagers ring during class. No tobacco
products are allowed in any college buildings. If you bring food or drinks to class, please be considerate and do not
Course Syllabus
CJ 233, Criminal Procedure, Fall 2012
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disturb others around you (and clean up after yourself).
This syllabus is not considered a legal document and is subject to change.
Table 1: Tentative Course Calendar
TENTATIVE SCHEDULE (may be changed at Instructor’s discretion):
Date
Class Subject
Assignment
August 27, 2012
An overview of Criminal Justice System
Chapter 1.
September 3, 2012
Holiday – No Class
Chapter 2 and
Chapter 3
September 10, 2012
Arrest, Appearance, and Preliminary Hearing / Bail
Chapter 4 and
Chapter 5
September 17, 2012
The Charging Instrument: Indictment or Information / Chapter 6
Guilty Pleas
September 24, 2012
Criminal Trial
October 1, 2012
Sentencing, Crime, and Corrections
October 8, 2012
Unreasonable Searches and Seizures
October 15, 2012
Unreasonable Searches and Seizures
October 22, 2012
The Warrant Requirement and Exceptions
October 29, 2012
The Warrant Requirement and Exceptions
November 5, 2012
Self Incrimination / Identification of the a Suspect
November 12, 2012
Double Jeopardy / Due Process
November 19, 2012
Thanksgiving Break
November 26, 2012
Assistance of Counsel / Speedy Trial / Jury Trial
December 3, 2012
Confrontation / Cruel and Usual Punishment
December 10, 2012
Chapter 7