This class includes activities taking place in the classroom and online. See the schedule posted in the online classroom for details. Attendance is expected for all classroom activities. We will rely on this course outline, e-mail, and other web-based tools to complete this course. In addition to this page, much of the content in this course is included in the cjcampus site. We wil NOT be using Blackboard for this course.
A survey and analysis of due process rights of individuals in the criminal process. Emphasis will be on the impact of the Bill of Rights on the practices of police, prosecutors and judges and the remedies available for the violation of those rights.
Learning Objectives
At the conclusion of this class students are expected to be able to:
- Define criminal procedure.
- Explain the philosophical underpinnings of criminal procedure.
- Describe the decision making process of the Supreme Court.
- Interpret, recognize, and apply key Supreme Court decisions involving the 4th, 5th, 6th, 8th, and 14th amendments to the U.S. Constitution.
- Describe and justify the balance between liberty and order in a free society.
- Understand current issues related to constitutional criminal procedure.
- Understand the structure and processes employed in the American court system.
- Describe the process and procedures of obtaining and serving warrants.
- Unerstand constitutional limitations upon police conduct.
- Explain the history, development, and rationale of the exclusionary rule.
- Describe exceptions to the warrant requirement.
- Explain the benefit of criminal procedural limits on government officials.
Readings
Samaha, J (2008). Criminal Procedure, 7th Ed. Belmont: CA:Thomson Wadsworth. ISBN: 049509546X
Purchase this text in the UNCP bookstore, or online directly from the publisher, through Amazon or another online option. This text has been out for a couple years and may be available through several online outlets. Wadsworth offers an online version at about half the price of the printed version. Regardless of how you purchase your textbooks you should plan to have the book in hand by the second week of the semester.
This text also offers a companion site:
Evaluation Criteria
- Multiple Choice Exams (50%)
- Essay Exams (40%)
- Participation and Engagement (10%)
A = 90% - 100%
B = 80% - 89.99%
C = 70% - 79.99%
D = 60% - 69.99%
F = 59.99% or below
Multiple Choice Exams: (50%)
Five multiple choice exams (quizzes) will be given throughout the semester. Each exam will be completed in the cjcampus classroom, although we will complete the exams during scheduled class periods. The same format is used for each exam - 50 questions, 50 minutes, 1 attempt. Although the exams are open book, you have just one minute per question. Those who begin the exam fully prepared to succeed, without reference to the text or notes, will earn higher scores. The format of the exams provides partial credit for missed responses, so leaving a question unanswered will result in lost points.
The cjcampus calendar and clock is ruthless and will not allow you to take late exams. Missed exams are recorded as a zero. Make-up exams are not available, but at the end of the semester an "extra credit" final exam will be available. The score on this exam may be used to replace a lower scores io a previous exam. This is a new exam format, and technical problems with exams are possible. If this occurs a second opportunity may be granted.
Essay Exams: (40%)
Five essay exams are posted in the cjcampus online classroom. These exams include internet activities that direct you to content students are expected to review and respond to in writing. These assignments will vary in difficulty but will typically require web site review, outside reading, and/or other preparation. In each case a written essay will be required. Only four of these essays are required. If you complete all five essay exams the four highest scores will be used while computing final grades.
Each essay exam can be reviewed and partially completed in advance, but the final paper must be submitted on the required due date. You are welcome to wait and complete the exam in class if you prefer, just remember to prepare in advance so you can finish on time. We will meet in the Computer Lab to facilitate this process. See the cjcampus schedule for details.
Participation and Engagement: (10%)
This course will be better if you talk more and I talk less. I prefer not to dominate the discussion, so each of you will need to remain active throughout the course. You all have interesting ideas and viewpoints and we learn more by sharing and trying to understand various views.
Note that this criteria includes participation and engagement. While we can assess participation by taking attendance, we are also interested in active engagement throughout the course. Engagement is demonstrated by remaining active each week, submitting assignments on time, joining class discussions, and helping each other create a vibrant learning environment.
Course Policies
Learning Strategies
This course has been designed as an "online learning environment." You are all familiar with the dynamic of the classroom - the professor may lecture while students listen and occasionally interact. Most classrooms are designed as "teaching environments." Students may not be an integral part of a teaching environment and in some cases the class could be held even if no students were in attendance.
In contrast, the online learning environment requires student engagement. In fact, the environment fails to function if students are not engaged. As the professor, Dr. Mentor has designed this course and included materials that if consumed, will result in learning. Like the story of "leading a horse to water," this course environment is the water. To make it work, you must each "take a drink."
You are all expected to help each other. Your professor has a great deal of knowledge about the subject matter. Each student in this class also has knowledge that can help us learn. For example, if a student posts a question to the discussion forum we do not need to wait for an "official" response form the professor. Help each other learn as we make our way through the materials.
Deadlines are not suggestions. All written material will rapidly lose points in the days following the due date. Zero points will be awarded for missed assignments.
ADA
Any student with a documented disability needing academic adjustments is requested to speak directly to Disability Support Services and the instructor, as early in the semester (preferably within the first week) as possible. All discussions will remain confidential. Please contact Disability Support Services, DF Lowry Building, 910-521-6695. Please see http://www.uncp.edu/dss/ for more information.
Class withdrawal is your responsibility. If you disappear, we will wonder where you are. However, we will not drop you from the class. Withdrawals should follow University procedure. The student is responsible for obtaining all necessary signatures on drop slips.
A very high price can be paid when you are caught cheating. Too high to risk. All written material must be your own composition. It is not appropriate to submit work originally completed for another course. Appropriate credit must be given for sources used in developing your ideas and arguments. You must provide appropriate citations, following APA Style guidelines. It is easy to see when large sections of text have been lifted from web pages or other sources. This is quite easy to verify as well.
NOTE: The penalties for engaging in any of these acts of academic misconduct will be determined on a case-by-case basis, but will follow general university guidelines as to severity.
Classroom climate is not solely the Professor's responsibility. We encourage each of you to engage in conversation on any issue. The University is a place for free speech, limited through individual choice. These choices may be altered with awareness of the real or potential reaction of others. However, you should not be intimidated into keeping quiet. We do not condone racist, sexist, homophobic, or other hateful speech. You are all adults, capable of understanding generally accepted rules of conduct and modifying your behavior in an effort to comply with these social or legal expectations. You are responsible for your behavior.
If grades are made available online, be advised that if there is any error the grade you receive from the registrar is your official grade. Grade changes will be made only in cases of data or computation error. Please do not ask, beg, or otherwise attempt to change a properly computed grade.
Course Outline and Schedule
This course outline is intended to define much of what will happen throughout this course. Changes are possible. Any changes will be clearly presented to the class and will often include class discussion. Changes will apply to all students enrolled in this course, without regard to whether they were involved in the discussion.