CRIM 424 Spring 2015 Syllabus Professor Alexander Criminology, Law and Society 424, Section 005 Constitutional Law: Criminal Process and Rights Spring 2015 Professor Salih C. Alexander, M.Ed., J.D. Law Office: 3977 Chain Bridge Road, Suite B-1 Fairfax, VA 22030 Telephone: (202) 573-4968 E-mail: salexa10@masonlive.gmu.edu Class meetings: Thursday, 7:20 p.m. to 10:00 p.m. in ROBINSON A, Room 101 Course Description and Objectives In this course, students will study individual rights at all stages of the criminal justice process. We will learn about the rights of ordinary individuals, police suspects, and also criminal defendants. Topics covered include police searches, seizures, interrogations and witness identification procedures, as well as an individual’s right to counsel and to a jury trial. To learn about these topics, students will study opinions of the U.S. Supreme Court in a detailed manner and discuss these opinions in class. This course is appropriate for all students who would like to understand the scope of their rights or to expand their knowledge of the functioning of the criminal justice system. Additionally, this course is crucial to those students planning a career in law enforcement, as officers must understand the scope of these rights and apply them on a daily basis. This class will also greatly aid those students planning to attend law school because it will provide a foundation for the required law school course in criminal procedure. Finally, the course material and assignments will help students to develop their critical thinking, logical reasoning, and public speaking skills. Important: Do not address me by my first name. Address me as Professor Alexander. University Policies Please note these important dates: January 1 Day of Week Thursday Martin Luther King Day (no classes) Mon Jan 19 First day of classes; last day to submit Domicile Reclassification Application; Payment Due Date; full semester waitlists removed Tue Jan 20 1 CRIM 424 Spring 2015 Syllabus Professor Alexander Summer 2015 Graduation Intent Available via Patriot Web Mon Jan 26 Last day to add classes—all individualized section forms due Last day to drop with no tuition penalty Tues Jan 27 Last day to drop with a 33% tuition penalty Tues Feb 10 Final Drop Deadline (67% tuition penalty) Fri Feb 20 Last day to file your Spring 2015 Graduation Intent Fri Feb 20 Immunization Record Deadline Sun Mar 1 Midterm progress reporting period (100-200 level classes)—grades available via Patriot Web Mon Feb 16 – Fri Mar 20 Selective Withdrawal Period (undergraduate students only) Mon Feb 23 – Fri Mar 27 Spring Break Mon Mar 9 – Sun Mar 15 Incomplete work from Fall 2014 due to Instructor Fri Mar 27 Incomplete grade changes from Fall 2014 due to Registrar Fri Apr 3 Dissertation/Thesis Deadline Fri May 1 Last day of classes Mon May 4 Reading Days Reading days provide students with additional study time for final examinations. Faculty may schedule optional study sessions, but regular classes or exams may not be held. Tue May 5 Exam Period (beginning at 7:30 a.m.) Wed May 6 – Wed May 13 Commencement and Degree Conferral Date May 16 Students with Disabilities If you are a student with a disability and you need academic accommodations, please see me and also contact the Office of Disability Resources at (703) 993-2474. All academic accommodations must be arranged through this office. The need for accommodations should be identified at the beginning of the semester. 2 CRIM 424 Spring 2015 Syllabus Professor Alexander The Honor Code, Plagiarism and Academic Integrity Adherence to the University regulations concerning academic integrity is mandatory for this class. Please familiarize yourself with the University’s Honor Code, which may be found in the University Catalog. All students are expected to be familiar with the Honor Code; ignorance of a policy is not a valid excuse under the regulations. The Honor Code covers i) cheating and attempted cheating, ii) plagiarism, iii) lying about academic work, and iv) stealing. Please pay particular attention to section B. plagiarism. The Honor Code defines plagiarism as: 1. Presenting as one's own the words, the work, or the opinions of someone else without proper acknowledgment. 2. Borrowing the sequence of ideas, the arrangement of material, or the pattern of thought of someone else without proper acknowledgment. Please note: If I have any suspicion of violations of the honor code, I am required by the honor code to report the matter to the honor committee. I am not allowed to make exceptions to this policy or I would also be considered in violation of the honor code. Likewise, if you know of a violation of the honor code, you are obligated to report this violation. Course Requirements Required Readings and Materials 1) Israel, Kamisar, LaFave, King, and Primus's Criminal Procedure and the Constitution, Leading Supreme Court Cases and Introductory Text, 2013 (American Casebook Series) Paperback – August 8, 2013. You can get the book via free shipping on Amazon as you are college students. http://www.amazon.com/Criminal-Procedure-Constitution-IntroductoryAmerican/dp/0314288414/ref=sr_1_1?ie=UTF8&qid=1421185992&sr=81&keywords=Israel%2C+Kamisar%2C+LaFave%2C+King%2C+and+Primus%27s+Criminal+Proce dure+and+the+Constitution%2C+Leading+Supreme+Court+Cases+and+Introductory+Text%2C+20 13+%28American+Casebook+Series%29&pebp=1421185984099&peasin=314288414 2) Criminal Procedure (Quick Study Law) (2012) by Inc. BarCharts This handy study guide is only $6 and change. Again, free 2-day shipping for college students on Amazon. http://www.amazon.com/Criminal-Procedure-Quick-StudyLaw/dp/1423219562/ref=sr_1_1?s=books&ie=UTF8&qid=1401590020&sr=11&keywords=criminal+procedure Class materials may also be distributed in class or via e-mail from time to time. Therefore, it is important for all class members to routinely check their George Mason e-mail accounts. Further, it is important for you to regularly be present at class meetings for additional instructions. 3 CRIM 424 Spring 2015 Syllabus Professor Alexander Class Participation Class lectures will not merely re-cap the material found in the readings, but rather will supplement the reading material and, in many cases, greatly expand upon it. Tests will contain some questions that may only be answered correctly through both attendance in class and completion of the required reading assignments. For these reasons, regular attendance at class meetings and participation is required. An important part of learning about constitutional law requires reflecting upon and understanding the reasoning behind the court decisions that we will study. You will need to do the readings and come to class prepared to discuss critical issues in order to get the full benefit of studying these topics. Since reasoning is so crucial to the study of constitutional law, this course will frequently rely upon discussion and participation. I will often ask the class questions which will require you to apply and even to extend the legal rules that we discuss to other situations. This area of constitutional law can result in some fascinating class discussions, but it also requires that you prepare for class and reflect upon what you read. Graded Examinations and Assignments 1) Class Participation/Group Exercises (25% of final grade) –On the class schedule, you will see the phrase “Group Work”. Here, we will examine and analyze cases. You will be divided into 3 or 4 groups. Each group will handle a certain number of cases each week. Every student MUST make an important contribution to his/her group. While the groups will present their cases each week (You will get a grade between 1 and 4 each week. A score of 1 is failing, 2 is average, 3 is good, and 4 is excellent), you must take notes on the cases presented by others. If you do not attend class, then you miss opportunities to participate and will receive a 0 for that week. That 0 will be calculated into your 25% grade. Therefore, repeated absences will decrease your class participation grade. 2) Exams (40% of grade) There will be 2 regular tests worth 20 points each. These tests will include multiple-choice, matching, and short answer. On test days, please arrive on time so as not to disrupt your fellow students. These tests are timed and you will have either 45 minutes or 1 hour. Please allow extra time for travel on the days of the tests to be sure that you arrive on time. Each test will cover the materials (lectures, readings, class exercises) that we have discussed since the previous test (i.e.: the tests are not cumulative). After each test, we will resume class. There will be no “test only” days. 3) Briefs (10% of final grade) You will have 2 written assignments. These will be 1-2 pages long each and in them you will analyze a situation or brief a case or respond to a video. They will be worth 5 points each. 4) Quizzes (15% of final grade) I will give 3 quizzes. These will be fairly short and will include multiple-choice and short answer. They are worth 5 points each. 5) Final Exam (10% of final grade) The 4th and final test will be at the end of the semester. The format and type is TBA. Your grades will be listed on Blackboard. As you receive grades, you will be able to know exactly where you stand. At this point, there will be no extra credit. 4 CRIM 424 Spring 2015 Syllabus Professor Alexander GRAMMAR AND HANDWRITING: Because some of my assignments are written on paper that I give you, please remember to write legibly. Moreover, since this is a 400-level class, I expect a certain level of writing skill. If you know that you have difficulty with writing, then contact me. I have a background in writing instruction and I will try to assist you. A 94-100 % A- 90-93 B+ 87-89 % B 83-86 B- 80-82 C+ 77-79 % C 70-76 (C- may be given in special circumstances) D=60-69 % F=below 60% Office Hours and Availability As an adjunct professor, I do not keep regular office hours. I will be available by appointment. You can also meet with me at my law office, which is down the street from the campus. Outline of class meetings: January 22 – Class Introduction and Criminal Justice Process Overview Introductions and Ice Breaker Introduction to Class Structure Syllabus Lecture o The Lawmaking Structure o The Administrative Structure o Steps in the Process o The 4th, 5th, 6th, 8th, and 14th Amendments January 29–The Nature and Scope of Due Process; Arrest, Search, and Seizure Today’s work: pp. 31-58, 59-133 Review o Fundamental rights o Exclusionary Rule o Areas and places Group work: cases (13) Law and Order (45 minutes) Go over Next week’s assignment Study for Quiz 1 February 5—Quiz 1 and Probable Cause, Search Warrants, Arrest and Search of Persons, and Seizure and Search of Premises: Today’s work: pp. 134-223 Review o Probable Cause o Search Warrants o Arrest and Search of Persons o Search/Seizure of Premises Group work: cases (13) Quiz 1 Go over Next week’s assignment 5 CRIM 424 Spring 2015 Syllabus Professor Alexander February 12—Vehicles and effects, Stop and Frisk, Inspections/Regulatory searches, and Consent Searches Today’s work: pp. 224-328 Review o Vehicles and effects o Stop and Frisk Look at the NYC policy o Inspections and Regulatory searches School searches o Consent Searches Group work: cases (15) and NYC policy Review for Test 1 Next week’s assignment—study for Test 1 February 19—Test 1 and Entrapment/Encouragement Test 1 (60 minutes) Independent Reading (30 minutes): pp. 329-350 Encouragement and Entrapment lecture Group work: Jacobson case Go over next week’s assignment: Reading and Brief 1 February 26—Brief 1 and The Right to Counsel and Police Interrogations and Confessions Turn in Brief 1 Today’s work: pp. 351-429 Review o Right to counsel Cases: old and new o Police Interrogations and confessions Miranda Introduction Group work: Cases (12) Gideon’s Trumpet excerpts Go over next week’s assignment: Reading March 5— Applying Miranda Today’s work: pp. 430-546 Group work: Cases (8) and JDB Go over next week’s assignment ******MARCH 9-13 is SPRING BREAK ***** March 19—Miranda Part 2 Group work: Cases (7) Test Review March 26—Test 2 and Pre-trial ID, Subpoenas, and Pre-trial release Test 2, Chapters 3-6 (45-60 minutes) Today’s work: pp. 547-636 Group Work: Cases (12) 6 CRIM 424 Spring 2015 Syllabus Professor Alexander April 2—Prosecutorial decisions Today’s work: pp. 637-720 Review: o The decision to prosecute o Screening the prosecutor’s decision to prosecute o Speedy Trial o Duty to Disclose Group work: Cases (12) Go over next week’s assignment: Reading and Quiz 2 April 9—Quiz 2 and Guilty Pleas, Trial by Jury Quiz 2, Chapters 7-13 Today’s work: pp. 721-796 Review: o Guilty Pleas o Trial by jury Group work: Cases (17) Go over next week’s assignment: Reading and Brief April 16—Brief 2 and Fair Trial and The Role of Counsel Turn in Brief 2 Today’s work: pp.797-934 Review o Fair Trial o Free Press o Role of Counsel Group work: Cases (11) Assignment: Reading and Quiz April 23—Quiz 3 and The Trial and Retrial Review Quiz 3, Chapters 14-16 Today’s work: pp. 935-1054 Review o Trials o Retrial Case Analysis Group work: Cases (17) April 30—Sentencing Today’s work: pp. 1055-1142 Group work: Cases (5) Review for final exam May 7—Final Exam Final exam 7:30 pm-10:15 pm, Chapters 17-20 Thank you for enrolling in this class! 7