CRJ420: Criminal Justice and the Constitution

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CRJ420: Criminal Justice and the Constitution
Credit Hours:
3
Contact Hours:
This is a 3-credit course, offered in accelerated format. This means that 16 weeks of
material is covered in 8 weeks. The exact number of hours per week that you can
expect to spend on each course will vary based upon the weekly coursework, as
well as your study style and preferences. You should plan to spend 10-25 hours per
week in each course reading material, interacting on the discussion boards, writing
papers, completing projects, and doing research.
Faculty Information
Name:
Phone:
CSU-GC Email:
Virtual Office Hours:
Course Description and Outcomes
This course is principally oriented toward a discussion of criminal procedure under the United States
Constitution. The Constitution provides for criminal procedure to serve as a balance between due process and
crime control. This course examines and analyzes the balance between maintaining the order of government
and protecting the rights of the citizens and residents of the U.S.
Course Learning Outcomes:
1. Discuss the history and purpose of the United States Constitution as it relates to criminal defendants.
2. Identify the functions of the United States Supreme Court and how the Constitution relates to criminal
justice.
3. Discuss the constitutional limitations imposed upon the criminal justice system.
4. Demonstrate a specific knowledge of the 4th amendment and the U.S. Constitutional safeguards in the
areas of arrest, search, and seizure.
5. Demonstrate a specific knowledge of the 5th amendment, the laws and U.S. Constitutional safeguards
protecting intercepted communications, eavesdropping; the 4th 5th and 6th amendment requirements
for communications monitoring, the protections against self-incrimination and the “free and voluntary”
rules governing Interrogations.
6. Identify, define, and explain the protections of the 4th, 5th, and 6th amendments in the trial process,
specifically against double jeopardy and inadequate representation by counsel and the use of illegally
obtained evidence or confessions, the procedures for jury selection and speedy trial safeguards,
protections against adverse publicity, and the 8th amendment protections against cruel and unusual
punishments, the death penalty as used in the United States, and U.S. Supreme Court decisions
regarding these areas.
7. Summarize recent constitutional issues, based on the right to privacy and the Exclusionary Rule,
including electronic surveillance.
Participation & Attendance
Prompt and consistent attendance in your online courses is essential for your success at CSU-Global Campus.
Failure to verify your attendance within the first 7 days of this course may result in your withdrawal. If for some
reason you would like to drop a course, please contact your advisor.
Online classes have deadlines, assignments, and participation requirements just like on-campus classes. Budget
your time carefully and keep an open line of communication with your instructor. If you are having technical
problems, problems with your assignments, or other problems that are impeding your progress, let your
instructor know as soon as possible.
Course Materials
Required:
Samaha, J. (2012). Criminal procedure. Belmont, CA: Wadsworth, Cengage Learning. ISBN-13: 9780495913351
Course Schedule
Due Dates
The Academic Week at CSU-Global begins on Monday and ends the following Sunday.
 Discussion Boards: The original post must be completed by Thursday at 12 midnight MT and Peer
Responses posted by Sunday 12 midnight MT. Late posts may not be awarded points.
 Mastery Exercises: Students may access and retake mastery exercises through the last day of class until
they achieve the scores they desire.
 Critical Thinking Activities: Assignments are due Sunday at 12 midnight MT.
Week #
Readings

1
Chapters 1 & 2 in Criminal Procedure
Assignments



Discussion (25 points)
Mastery (10 points)
Critical Thinking (75
points)


2
3
Chapters 3 & 4 in Criminal Procedure
LawVideosInc. (2008). Law videos – Criminal law 2 [Video file].
Retrieved from http://www.youtube.com/watch?v=8z14hL-5mrg
Rutledge, D. (2011). Probable cause and reasonable suspicion.
Police Patrol. Retrieved from
http://www.policemag.com/channel/patrol/articles/2011/06/pr
obable-cause-and-reasonable-suspicion.aspx


Discussion (25 points)
Mastery (10 points)


Chapters 5, 6 & 7 in Criminal Procedure
SupremeCourtCartoons. (2012). Crim pro: Seizures of
persons/arrests [Video file]. Retrieved from
http://www.youtube.com/watch?v=Xtqd-FFFZGU



Discussion (25 points)
Mastery (10 points)
Portfolio Deliverable 1
(75 points)


Chapters 8 & 9 in Criminal Procedure
CBS. (2009). How accurate is visual memory? [Video file].
Retrieved from http://www.youtube.com/watch?v=xtDt-THaH_o
CrimeCaseStudies. (2009). Mistaken identity: Eyewitness
testimony [Video file]. Retrieved from
http://www.youtube.com/watch?v=GRTm92HlqaM
FindLawThomson. (2009). Miranda rights: Criminal law – FindLaw
[Video file]. Retrieved from
http://www.youtube.com/watch?v=q2UN8sGhAj8



Discussion (25 points)
Mastery (20 points)
Critical Thinking (150
points)
Chapters 10 & 11 in Criminal Procedure
McGregor Ernenwein. (2011). Entrapment defense: Police
entrapment may be a complete defense to a criminal charge
[Video file]. Retrieved from
http://www.youtube.com/watch?v=_ZAqXf3Es4g
SupremeCourtCartoons. (2012). Crim Pro: Exclusionary rule
basics [Video file]. Retrieved from
http://www.youtube.com/watch?v=5KSoYDkw7UE


Discussion (25 points)
Mastery (10 points)
Chapter 12 in Criminal Procedure
movieclips. (2012). Double jeopardy (7/9) movie clip – The
prosecution rests (1999) HD [Video file]. Retrieved from
http://www.youtube.com/watch?v=m2REqMDEXNU
rataMacue22. (2011). Clarence Earl Gideon – Constitutional hero
(Right to counsel) [Video file]. Retrieved from
http://www.youtube.com/watch?v=7Iustxd3Vgw



Discussion (25 points)
Mastery (10 points)
Portfolio Deliverable 2
(75 points)
Chapters 13 & 14 in Criminal Procedure
Scott, S. (2013, February 5). A death penalty fight comes home.
New York Times. Retrieved from
http://www.nytimes.com/2013/02/06/us/exonerated-inmateseeks-end-to-maryland-death-penalty.html?pagewanted=1&_r=0
desoriente0. (2010). Plea bargaining & mandatory sentencing
[Video file]. Retrieved from



Discussion (25 points)
Mastery (10 points)
Critical Thinking (125
points)


4



5



6



7





8

http://www.youtube.com/watch?v=Lwl18hNuQKo
Frontline. (2013). The jailed and imprisoned mentally ill.
Retrieved from
http://www.pbs.org/wgbh/pages/frontline/shows/crime/jailed/
Vargas, L., Godinez, M., Pham, P., Sandoval, A., & Marin, A.
(2012). The 8th Amendment [Video file]. Retrieved from
http://www.youtube.com/watch?v=EghKqUdBsyc
Chapter 15 in Criminal Procedure
Haynes, W. (2002, December 12). Enemy combatants. Council on
Foreign Relations. Retrieved from
http://www.cfr.org/international-law/enemy-combatants/p5312
ignitelearning. (2006). Habeas corpus [Video file]. Retrieved from
http://www.youtube.com/watch?v=IxYACTGPzAE



Discussion (25 points)
Mastery (20 points)
Portfolio (200 points)
Assignment Details
This course includes the following assignments/projects:
Module 1
Critical Thinking: Constitutional Criminal Procedure and Due Process (75 points)
Describe the concept and purpose of due process in constitutional criminal procedure. Explain where due process
protections arise from in the Constitution and how due process is protected. What ethical issues arise in the area
of due process?
Give an example of due process being violated and an example of due process being upheld. Support your
statements with at least one outside credible source. The CSU-Global Library is a good place to find this source.
Your well-written paper should meet the following requirements:


2-3 pages in length
Formatted according to CSU-Global APA guidelines
Module 3
Portfolio: Deliverable 1: Fact Pattern and Questions (75 points)
This assignment introduces a fact pattern that will be continued through the course and end in the final Portfolio
Project assignment in Week 8. Read the first part of the fact pattern here. In a well-written paper, answer the
following questions:


What constitutional issues arise with respect to Amy’s case? Have her constitutional rights been violated
and if so, how? Have her constitutional rights been protected, and if so, how?
What constitutional issues arise with respect to Bill’s case? Have his constitutional rights been violated,
and if so, how? Have his constitutional rights been protected, and if so, how?
In your paper, address both clear constitutional violations as well as facts that may not be a constitutional violation
but fall under the domain of constitutional criminal procedure. In the latter case, explain how the right was not
violated. Support your answer with clear application of the relevant Amendment. You should also discuss any
applicable Supreme Court cases from the text, comparing and distinguishing facts from those cases to the cases at
hand.
For purposes of clear organization, you are encouraged to address one defendant at a time and to use headings
and subheadings in your writing for each issue of criminal procedure that you raise.
Your paper should meet the following requirements:


3-4 pages in length
Formatted according to CSU-Global APA guidelines
Module 4
Critical Thinking: Identification Procedures (150 points)
Identification procedures including line-ups and show ups and can be very problematic. In a well-written paper,
address the following for this week’s assignment:




Discuss the importance of pre-lineup instructions in identification procedures for lineups.
Discuss showup identification procedures and problems related to them.
What constitutional rights does a defendant have during lineups and showups? (Note: The right(s) may
differ based on the type of identification procedure.)
What are some of the reforms that legal experts have suggested that courts can implement to improve
eyewitness identification reliability? What barriers, if any, do you anticipate in their implementation?
Your paper should meet the following requirements:



4-6 pages in length
Formatted according to CSU-Global APA guidelines
Supported with at least two outside credible sources. The CSU-Global Library is a good place to find these
sources.
Module 6
Portfolio: Deliverable 2: Fact Pattern and Questions (75 points)
This assignment continues the fact pattern that was introduced in Week 3 and will be concluded in the final
Portfolio Project assignment. Read the continuation of the fact pattern here. In a well-written paper, answer the
following questions:

How should the prosecutor respond to Amy’s case? What constitutional issues arise with respect to Amy’s
stop, arrest, and time in jail? Does Amy have any remedies against police misconduct, and if so, what are
they?

How should the prosecutor respond to Bill’s case? What constitutional issues arise with respect to Bill’s
arrest? Does Bill have any remedies against police misconduct, and if so, what are they?
In your paper, address both clear constitutional violations as well as facts that may not be a constitutional violation
but that fall under the domain of constitutional criminal procedure and explain how the right was not violated.
Support your answer with clear application of the relevant Amendment(s). You should also discuss any applicable
Supreme Court cases from the text, comparing and distinguishing facts from those cases to the cases at hand.
For purposes of clear organization, you are encouraged to address one defendant at a time and to use headings
and subheadings in your writing for each issue of criminal procedure that you raise.
Your paper should meet the following requirements:


3-4 pages in length
Formatted according to CSU-Global APA guidelines
Module 7
Critical Thinking: Plea Bargaining and Guilty Pleas (125 points)
Read the following article about Erma Raye Steward and Regina Kelly:
http://www.pbs.org/wgbh/pages/frontline/shows/plea/four/stewart.html
Reflect on the role of guilty pleas in the administration of justice and in upholding an individual’s constitutional
rights. In a well-written paper, address the following for this week’s assignment:





What are some problems associated with guilty pleas, including any ethical issues that arise?
Why would an innocent person plead guilty?
Should guilty pleas be abolished or do they offer some short-term benefit to the administration of
criminal justice?
What are the long-terms effects of guilty pleas?
Do they support the purpose behind constitutional protections of the defendant?
Be sure your paper integrates your responses to the above questions and does not simply provide a “laundry list”
of answers. You are encouraged to do outside research offering examples that support your position. Your paper
should meet the following requirements:



3-4 pages in length
Formatted according to CSU-Global APA guidelines
Supported with at least one credible source other than the textbook. The CSU-Global Library is a good
place to find this source.
Module 8
Portfolio Project: Final Portfolio Deliverable: Fact Pattern and Questions (200 points)
The final Portfolio Project assignment continues the fact pattern that was introduced in Week 3 and continued in
Week 6. Read the conclusion of the fact pattern here. In a well-written paper, answer the following questions:

What constitutional issues, if any, arise with Amy’s case? Have her constitutional rights been violated and
if so, how? Have her constitutional rights been protected, and if so, how?

What constitutional rights, if any, does Sven have? Should he be charged as a criminal, deported or
considered a terrorist? If he is deported or deemed a terrorist, what treatment will he receive under
either scenario? Which treatment do you think is the proper treatment of illegal aliens who make similar
statements against America given your understanding now of the constitutional protections afforded the
defendant?

With respect to Toby, what constitutional issues, if any, arise? Have his constitutional rights been violated
and if so, how? Have his constitutional rights been protected, and if so, how?

What constitutional issues arise with respect to Bill’s search, arrest, and plea? Does he have a right to an
appeal and if so, on what grounds? What actions can be taken against Officer Bill, Judge Meyer and
Attorney Jones, if any, in Bill’s case?

In the cases of Amy, Bill, Toby and Sven, the facts end before a trial actually occurs. Consider a defendant
whose case goes to trial. What constitutional issues arise during the trial process? In your answer, focus
specifically on the role of the defense attorney, prosecutor, judge and jury. From opening statements to
sentencing, what constitutional concerns arise during a trial and how is the defendant protected?
In your answer, address both clear constitutional violations as well as facts that may not be a constitutional
violation but that fall under the domain of constitutional criminal procedure and explain how the right was not
violated. Support your answer with clear application of the relevant Amendment(s). You should also discuss any
applicable Supreme Court cases from the text, comparing and distinguishing facts from those cases to the cases at
hand.
For purposes of clear organization, you are encouraged to address one defendant at a time and to use headings
and subheadings in your writing for each issue of criminal procedure that you raise.
Your paper should meet the following requirements:


7-10 pages in length
Formatted according to CSU-Global APA guidelines
Course Policies
Late Work
Students are permitted a 7 day grace period during which they may submit a Critical Thinking assignment after
the original due date without penalty. Papers submitted between 8 and 14 days after the original due date will
be accepted with a potential 10 percent reduction in grade for late submission. Papers submitted 15 or more
days beyond the original due date may not be accepted unless prior arrangements have been made with the
instructor. No Portfolios will be accepted late and no assignments will be accepted after the last day of class
unless a student has requested an incomplete grade in accordance with the Incomplete Policy.
Course Grading
20% Discussion Participation
10% Mastery Exercises
35% Critical Thinking Activities
35% Final Portfolio Paper
Grading Scale and Policies
A
95.0 – 100
A-
90.0 – 94.9
B+
86.7 – 89.9
B
83.3 – 86.6
B-
80.0 – 83.2
C+
75.0 – 79.9
C
70.0 – 74.9
D
60.0 – 69.9
F
59.9 or below
FN*
Failure for Nonparticipation
I**
Incomplete
* Students who stop attending class and fail the course for nonparticipation will be issued the “FN” grade. The FN grade may have
implications for financial aid and scholarship awards.
** An “I” grade may be assigned at the Instructor’s discretion to students who are in good standing (passing) in the course. Students
should have completed a majority of the coursework in order to be eligible for the “I” grade. Students should request an "I" grade from
the Instructor with a written justification, which must include explanation of extenuating circumstances that prevented timely
completion of the coursework. If the request is approved, the Instructor will require a written agreement consisting of a) the specific
coursework to be completed, b) the plan to complete the coursework, and c) the deadline for completion. The agreement will be kept on
file at CSU-Global Campus. An incomplete course must be satisfactorily completed within the time frame stipulated in the agreement, but
no later than the end of the following semester from the date the “I” was given. An incomplete not removed within one year shall
convert to an F and be included in the computation of the student’s grade point average.
Academic Integrity
Students must assume responsibility for maintaining honesty in all work submitted for credit and in any other
work designated by the instructor of the course. Academic dishonesty includes cheating,
plagiarism, unauthorized possession of academic materials, and falsification. The Student Handbook
provides information on how students can avoid plagiarism by understanding what it is and how to use library
and internet resources appropriately with proper citation. Please refer to the Academic Catalog for complete
policies regarding plagiarism and academic dishonesty.
APA
Students are expected to follow the CSU-Global APA requirements when citing in APA (based on the APA Style
Manual, 6th edition). For details on CSU-Global APA style, please review the APA resources located under the
Library tab in Blackboard.
Netiquette
All posts and classroom communication must be conducted in a professional and respectful manner in
accordance with the student code of conduct. Think before you push the Send button. Did you say just what you
meant? How will the person on the other end read the words?
Any derogatory or inappropriate comments regarding race, gender, age, religion, sexual orientation, are
unacceptable and subject to disciplinary action.
If you have concerns about something that has been said, please let your instructor know.
Institutional Policies
Refer to the Academic Catalog for comprehensive documentation of CSU-GC institutional policies.
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