CRIMINAL PROCEDURES M-W-F
Course Syllabus CJV05
FALL 2013
Professor Ted O. Prell
NOTE TO STUDENT:
This course is transferable to any California State University (CSU). As such the work
you do in this course must be of CSU quality.
Phone Number:
805-289-6145
E-mail: tprell@vcccd.edu
DO NOT Send Any Emails to Me via D2L
NOTE: If you are going to email me be sure you list your name and the course
name/number in the subject box. Without that I do not open the email, especially if I
do not recognize the email name or address. I respond to all emails from students, even if
my response is as simple as “I received your email.” If you send me an email and do not
receive a response from me it is because I did not get it. With spam blockers and other
filter systems on VCCCD there is a possibility that our system may block out your email.
If this is the case it is your responsibility to find another way to communicate with me.
Office Hours:
Mondays/Wednesdays: 2:30-3:30 PM
Tuesdays/Thursdays: 1:15-2:45 PM
Or by appointment
Office Location:
CRC-106
CLASS SCHEDULE:
M-W-F: 10:30-11:20 AM
CHEATING OR PLAGIARISM
VenturaCollege takes academic honesty very seriously, since ethical behavior and
integrity are vital components of ensuring mutual respect across campus. Instructors,
accordingly, have the responsibility and authority for dealing with instances of cheating
or plagiarism that may occur in their classes. Such activities could include stealing tests,
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using “cheat sheets,” copying off another’s test, or turning in someone else’s work as
his/her own.
Further, instructors have the responsibility to report instances of cheating to their Deans
in that cheating in any form is a violation of the Ventura College Student Conduct Code
and as such is subject to investigation, charges of misconduct, and disciplinary
consequences. See the current Ventura College Catalog; Academic Policies and
Appendices sections. For further information on Academic Honesty, please see
venturacollege.edu.
I subscribe to the academic policies found in theVentura College Catalog. Although all
are important, pay particular attention to those policies on Attendance and Absence,
and Academic Honesty.
Ventura College believes, as do I, that honesty is vital to the integrity of our College
programs, our courses, within our entire college community, and especially in the
classroom.
Academic dishonesty (such as cheating) is defined as “an act of obtaining or
attempting to present academic work through fraudulent or deceptive means in
order to obtain credit for this work. This dishonesty and/or cheating by whatever
means, including electronic, is described as, but is not limited to:
1. Submitting work previously presented in another course
2. Copying in whole or in part from another student’s test or paper
3. Using sources or material not authorized by the instructor
4. Altering or interfering with grading policies
5. Sitting in for an exam for another student or by another students
6. Plagiarizing work, such as copying sentences, phrases, or passages without citing
the source, while writing a paper or doing research and submitting this work as
his/her own
7. Sharing your paper information during an exam, test, or quiz.”
NOTE: The above “Academic Honesty” items, especially number 2, 6 and 7, apply to
any essay, research paper, test, exam, quiz or other assignment given in this class as well
as those that may be of a “take home” nature unless specifically waived by me. For help
on how to properly cite sources without plagiarizing (cheating), please make an
appointment with an English tutor (see p. 6 below).
There will be 3 tests. Each test will be worth 200 points. The lowest score of the three
tests will automatically be deleted. Tests will cover text, handout and supplemental
materials and include notes written on the whiteboard by the instructor, guest lecturer or
as a result of group activities. Because you will be deleting the lowest score there will be
NO make-up tests. You must take the test at the time designated by the instructor, unless
an alternative date is approved by the instructor BEFORE the scheduled test.
There will also be five Brief, Brief, Very Short Briefs written by you due at a time and
date as designated by the instructor. See pp.4 and 7-9.
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DATES TO REMEMBER:
Except for the Final test these dates are tentative and subject to change.
 September 27, 2013 -Test #1
 October 25, 2013 – Test #2
 November 22, 2013–- Test #3
 December 18, 2013 – Final 10:30 AM-12:30 PM
REQUIRED TEXT:This text is available on D2L at no cost to you.
Criminal Procedure A Case Approach, 8th ed. by Judy Hails
 It is important to obtain the text, bring it to every class meeting and do the reading
assignments from it. In-class exercises from the text reading assignments will be
made and being prepared for those assignments are an integral part of the grading
process.
 Chapters covered in the required text are:
Week Number Chapter
Chapter topic
Notes
and Date
Number
1
Orientation
8-19
2
1
Criminal Procedure as
a Constitutional Issue
8-26
3
2
Warrant Requirement
9-3
4-5
3
Field Interview
9-9 & 9-16
6-7
4
Arrest and Booking
9-23 & 9-30
8
5
Vehicle Searches
10-7
9
6
Observations of
Evidence Not Covered
10-14
by Reasonable
Expectation of Privacy
10-11
9
Privilege Against SelfIncrimination
10-21 & 10-28
12-13
10
Identification
Procedures
11-4 & 11-12
14
11
Right to Counsel
11-18
15
12
Other Issues Related to
Criminal Trials.
11-25
16
13
First Amendment
Issues
12-2
17
12-9
14 and
Catchup/Review
The Exclusionary Rule
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Following the schedule in the below chart you will write a BBVSB addressing the
cases as noted. They are due on the dates seen below.
These dates are tentative and subject to change.
10-7-13
Camara v. Municipal Court: Chapter 2; Online text pp. 10-12, text book, pp. 34-36
California v. Hodari: Chapter 3; On-line text
pp. 19-20, text book pp.75-76
Chimel v. California: Chapter 4; On-line text
pp. 8-10, text book pp.106-107
Arizona v. Gant: Chapter 5; On-line text pp.
4-6. This case does not appear in the hard
copy text book
Berkemer v. Mc Carty: Chapter 9; On-line text
p. 24, text book pp.284-285
10-14-13
10-21-13
10-28-13
11-4-13
DESCRIPTION:
Students will review and discuss legal processes from pre-arrest, arrest through trial,
sentencing, and correctional procedures. A review of the history of case and common law
and conceptual interpretations of law as reflected in court decisions will be discussed.
The course will use case law methodology and research to review the impact these
decisions have had on the justice system.
CONDUCT:
Students are expected to maintain a professional demeanor at all times.
“Sidebar” conversations are rude and distracting to the surrounding students as well as
the instructor and will not be tolerated.
Please be considerate and respectful of others both inside and outside the classroom.
Students are encouraged to participate in class discussion and exercises/activities as
appropriate.
Please respect the learning environment by listening when others (including the
instructor) are speaking or participating as requested during and outside of class.
GRADING:
Grades will be based on a point method (refer below) and will emphasize the importance
of attendance and participation.
Questions on quizzes and tests come from a variety of sources including, but not limited
to; lecture, the text, videos, PowerPoint presentations, guest lecturers, notes placed on the
whiteboard by the instructor or as the result of work done in group exercises, etc.
Therefore attendance to gather all of the material is vitally important to successful
completion of this course.
There will beconsequences for missed classes, early departures, and tardies as follows:
Missing 9 hours or more – 100 points
NOTE: Three (3) tardies equal one absence.
It is your responsibility to ensure I have documented your presence if you come in after
I have taken roll or you leave before I take roll.
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The student may be dropped from the class upon missing the ninth hour. Do not
depend on me to drop you if you exceed the nine hour standard. It is your responsibility
to track your absences, tardies, or early departures.
As an example, for this class, you can miss only nine (9) class meetings before being in
jeopardy of being dropped from the class or losing 100 points from the final grade.
NOTE: The only excused absences are for jury duty and military duty. Other than that
there is no such thing as an excused absence; you are in class or you aren’t. There is no
“make-up” process for work and/or classes missed.
Attendance is an important part of the educational/learning process. My expectation is
that you will attend, be on time, and stay for each entire class. See above under
“GRADING.”
PLEASE NOTE: No assignment, including exams, will be accepted after the due date
(refer to “dates to remember” above)EXCEPT with the approval, in advance, of the
instructor. Any exception will be granted on a case by case basis. It is the student’s
responsibility to seek approval to turn in late work during the instructor’s scheduled
office hours or by appointment.
Any papers or other assignments that are turned in late will result in a reduction in
the number of points awarded for that assignment.
GRADING CRITERIA
 3 tests @ 200 pts. ea.
 5 BBVSBs @ 50 pts. ea.
 Final
Total
400 pts.(delete the lowest score)
250 pts.
350 pts.
1000 PTS.
900-1000
Points = A
800-899
“ =B
700-799
“ =C
600-699
“ =D
Less than 600
“ =F
Do not wait until the last minute to do your assignments. Excuses such as “I didn’t have
time to do it, I had to work overtime, I had child care problems, I had a sports event to
participate in, I was sick, etc.” will not be accepted.
Do not turn in your work by leaving it in my box OR e-mail me your assignments unless
you get my permission first.
Be sure the computer you are using and its software are compatible (I.E. Word v. Word
Perfect, IBM v. Mac, etc.) with other computers you might be using to ensure you have
your work done on time. I will not accept flash drives or CDs.
Unless otherwise specified, all work will be type written using standard academic font,
(12 characters per inch cpi, usually Times New Roman – but any font will work as long
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as it is legible) and double spaced. Failure to meet this criteria could result in a reduced
grade or a zero (“0”) grade for that work.
If you have any special needs for educational assistance or you are not sure if you have
special needs I encourage you to go to, or call (805-289-6300), the Educational
Assistance Center (EAC) and explore their services and resources that may help you as a
college student. I will be happy to provide you with directions to the EAC or to take you
directly there. This course requires a lot of written communication. It would be to your
best interest, if you think you may need help in the area of reading comprehension and/or
writing skills, to take advantage of the EAC or other college resources available to you.
For other Support Services refer to the current Class Schedule.
Tutors
Ventura college students can receive free tutoring at the TutorCenter located on the first
floor of the LRC. English tutors are available by both appointment and drop in basis.
These tutors can help with the “homework” assignments. While they may not know the
details of the actual class material, the English tutors can be of benefit when it comes to
helping you flesh out your ideas, writing at a college level, and using proper citations.
Note however, this is not a “proof reading” service. You must be willing to sit down and
work together with the tutor.
Ventura College also has a Reading and Writing Center located in LRC-155, 805-2896371. This center assists students developing their reading and writing skills.
Turn off your cell phone or put it on vibrate in class. Answering a phone call or text
message during class is strongly discouraged. If you get a call/text during class, and you
must respond to it, quietly leave the classroom and quietly reenter when you are through.
Use of electronics in class is prohibited and will be cause for exclusion from class.
STUDENT LEARNING OUTCOMES
Upon successful completion of this course the student will be able to :
 Analyze legal concepts
 Demonstrate proficiency in case law, criminal procedure updates and custodial
laws
 Identify right to counsel and trial rights issues
ASSESSMENT METHOD:
 Writing assignments; Reading assignments; Multiple choice, essay and/or
true/false Tests; In-class activities; Discussions
STUDY GUIDE:
Study guides will be emailed to the student about one week prior to the scheduled test. If you
attend lectures, take notes, participate in class activities AND review the student material in
your text you can better prepare for examinations.
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TRANSFER POTENTIAL
For transferability information, please consult the Ventura College Catalogue located on the
web at http://www.students.vcccd.edu/cats/vc_13-14 catalog.pdf. For additional
transferability information contact the Ventura College Counseling Department, the Transfer
Center, or the ASSIST website, at http://www.assist.org.
COLLEGE POLICIES
College-wide policies are stated in the Ventura College Catalog and include enrollment
limitations, student rights, cancellation of classes, affirmative action, drug and alcohol policy,
alcohol/drug free environment, sexual harassment policy, campus security policy, student
right to know act statement, student rights and responsibilities, academic integrity, student
appeals, grievance procedure, and disciplinary procedure. The catalog is available on the
internet at http://www.students.vcccd.edu/cats/vc_13-14_catalog.pdf.
STUDENT ACADEMIC INTEGRITY
Ventura Community College is committed to providing students with a quality education
that upholds high academic standards; the academic integrity of each student is valued.
Academic integrity means academic honesty or the ethical adherence to guidelines set by
individual instructors and the College. The academic integrity of each student is crucial
not only to that individual student’s quality of education but to the academic reputation of
Ventura College as a whole. Academic dishonesty jeopardizes individual students and the
educational mission of Ventura College.
For more information regarding possible violations, penalties, and procedures, see the VC
Catalog, available on the internet at http://www.students.vcccd.edu/cats/vc_1314_catalog.pdf.
DISABILITY ACCOMODATION STATEMENT
Any student who feels he or she may need an accommodation for any type of disability
should make contact with the Educational Assistance Center (EAC) in the
Administrationbuilding. Phone (805) 289-6300.
NON-DISCRIMINATION STATEMENT
It is the policy of Ventura College and their Board that there will be no discrimination
or harassment on the grounds of sex, race, color, marital status, sexual orientation,
religion, national origin, age or disability in any educational programs, activities, or
employment. Persons having questions about equal opportunity and nondiscrimination
should contact Mr. David Bransky, Assistant Dean, Student Services, Title IX Officer,
and Section 504/ADA Coordinator, (805) 289- 3138 or Dean Tim Harrison,
289-6348/6121
BRIEF, BRIEF, VERY SHORT BRIEF (BBVSB)
Throughout the semester you will be assigned a BBVSB selected from your text, either in groups,
individually or both. For instance:
THE CASE AS IT APPEARS ON pp. 14-15 OF THE TEXT (SEE pp. 12-13 ON LINE TEXT)
Haynes v. Washington: 373 U.S. 503, 10 L.Ed. 2d 513, 83 S.CT. 1336 (1963) (SEE p. 14 - ON
LINE TEXT, p. 12)
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Facts: On Thursday, December 19, 1957, Spokane police arrested Haynes for robbing a gasoline
service station. He admitted the crime en route to the police station but was booked for
“investigation.” Shortly after arriving at the station at about 10 P.M., Haynes was questioned for
about one-half hour by Lt. Wakeley. Haynes again admitted the crime. Haynes was then placed
in a lineup and identified by witnesses as one of the robbers. During the evening Haynes made
several specific requests to call an attorney and his wife. Police denied the requests and told
Haynes he could make a call if he confessed. Starting at about 9:30 A.M. the next morning,
Haynes was questioned for about an hour and a half, this time by detectives Peck and Cockburn.
Haynes again was told that he could only call his wife if he made a confession. He made an oral
confession and a written confession was transcribed. He was taken to the prosecutor’s office,
again denied permission to call his wife, and another statement was taken and transcribed.
Haynes signed the first statement but refused to sign the second one. Later that same afternoon,
Haynes had a preliminary hearing after which he was transferred to the county jail. Either the
next Tuesday or Thursday he was returned to the prosecutor’s office. Haynes refused to sign the
second written statement because he still had not been allowed to call his wife or to see about
obtaining an attorney. He was held incommunicado either five or seven days (Haynes could not
remember the exact dates. (SEE p. 14 - ON LINE TEXT, p. 12)
Issue: Did holding Haynes incommunicado as an interrogation tactic violate due process? (SEE
p. 14 - ON LINE TEXT, p. 12)
Reasoning: (SEE p. 15 - ON LINE TEXT, pp. 12-13) Not necessary as a component of your
BBVSB.
Disposition: Conviction Reversed; coerced confession is inadmissible at trial. (SEE p. 15 - ON
LINE TEXT, p. 13)
It is necessary to do the BBVSB exactly as described below (NOTE IT IS DOUBLE SPACED,
12 CPI). These exercises will be preparing you for writing five BBVSBs for points. There will
be grade consequences for not following the instructions.
AN EXAMPLE OF HOW THE CASE MIGHT APPEAR IN YOUR “BRIEF, BRIEF, VERY SHORT BRIEF”
CITE (CITATION): Haynes v. Washington: 373 U.S. 503, 10 L.Ed. 2d 513, 83 S.CT. 1336 (1963)
FACTS: Haynes was arrested for robbery by police, admitted it, and was identified by witnesses. In
a period of five or seven days he signed a confession but was not allowed to call or see his attorney
or wife.
ISSUE: Did holding Haynes incommunicado as an interrogation tactic violate due process?
DISPOSITION: Conviction Reversed; coerced confession is inadmissible at trial.
 The “Citation” (see above) is the case name and address designated in the text as “1.5a”
for the “Haynes” case. You will designate this “Citation” for your BBVSB as “CITE”
and it must be written exactly as identified in the text.
 The “Facts” will be further “briefed” in the BBVSB from what is in your text to a shorter
version that contains the key elements, as described above (See “FACTS.”)
 The “reasoning” as identified in the text will be DELETED from the BBVSB.
 The “Issue” will be exactly as it is written in the text.
 The “Disposition” will be exactly as it is written in the text.
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NOTE how all references to the times, dates, location and police specific nameshave been
deleted from the above BBVSB.DO NOT put the page reference (SEE pp. 14-15 for instance) in
the BBVSB. The above case as it appears on pp. 14-15 of the text example is for your reference
ONLY.
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