CRJU 3010: Criminal Procedures (Fall 2007)

North Georgia College and State University

Department of Political Science and Criminal Justice 

 

I. General Information

Class Meeting Times: MWF 10:10am – 11:05am or MWF 1:25pm – 2:20pm

Classroom: Newton Oakes Center – 015

Instructor: Charles H. Wilson III (“Trey”), M.P.A., J.D.

Office: Room 339 in B.B. & T. Building

Office Hours:   MW 11:15am – 12:10pm, MWF 2:30pm – 3:25pm (Other times by appointment.)

Office Phone: (706) 864-1909

E-mail Address: chwilson@ngcsu.edu

 

**Please note that the best way to reach me is through email, which is the official method of communication for NGCSU.  Also, students should check their official NGCSU email accounts and the discussion board on Web CT frequently to stay informed.

 

 II. Textbook

 

Criminal Procedure (7th Edition).  Joel Samaha.  Thompson Wadsworth (Belmont, CA: 2008).

 

 

III. Description of Course

This course focuses on the fourth, fifth, sixth and 14th amendments to the U.S. Constitution:

 

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law. . .

 

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

 

Emphasis is on police searches and seizures as regulated by the 4th Amendment. Students will read opinions of the Supreme Court and discuss the impact of those decisions on the balance between individual privacy and societal interests.  Prerequisites: CRJU 1100.  Corequisites: None.

 

IV. Course Objectives and Learning Outcomes

  • The student will demonstrate a detailed knowledge of the 4th Amendment and the U.S. constitutional safeguards in the areas of arrest, search, and seizure. The student will know when a search warrant is required and what the exceptions to the search warrant requirement are.  Specifically, the student will demonstrate an understanding of detentions, stops, arrests, seizures, arrests based upon probable cause both with and without warrants, searches both with and without warrants, the concepts of “reasonable expectation of privacy,” “good faith,” totality of the circumstances,” and other binding legal doctrines impacting on 4th Amendment practices, as well as the key U.S. Supreme Court decisions in this area.
  • The student will demonstrate a detailed and specific knowledge of the 5th Amendment.  The student will know 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; the impact and requirements of the Miranda decision as it bears on interrogations; requirements and procedures for a waiver of rights; and the various uses of confessions, representation by counsel, and the separate 6th Amendment protections instituted upon initiation of criminal prosecutions.  In addition, the student will become familiar with the U.S. Supreme Court decisions regarding the areas of communications, interrogations, self-incrimination, and representation by counsel.
  • The student will 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 U.S. Supreme Court decisions regarding these areas and incorporation of these areas to states in light of the 14th Amendment.

 

V. Tentative Course Schedule

 

Week in Semester

Material for Discussion in Samaha Textbook (Read Prior to Class)

1 (Wednesday, August 22)

Introduction

W: Introduction

F: Chapter 1 - ”Criminal Procedure – The Big Picture”

2 (Monday, August 27)

 

M, W, F: Chapter 2 – “The Constitution and Criminal Procedure”

 

3 (Monday, September 3)

 

M: September 3, Labor Day Holiday – No Class

W, F: Chapter 3 – “Searches and Seizures” 

4 (Monday, September 10)

 

M: Chapter 3 – “Searches and Seizures”

W, F: Chapter 4 – “Stop and Frisk”

5 (Monday, September 17)

 

M, W: Chapter 4 – “Stop and Frisk”

F: Review

6 (Monday, September 24)

 

M: First Examination

W, F: Chapter 5 – “Seizures of Persons: Arrest”

7 (Monday, October 1)

 

M, W: Chapter 5 – “Seizures of Persons: Arrest”

F: Chapter 6 – “Searches for Evidence”

8 (Monday, October 8)

 

M, W, F: Chapter 6 – “Searches for Evidence”

Tuesday, October 9 - Midpoint of course

 

9 (Monday, October 15)

M: October 15 - No Class

W, F: Chapter 7 – “Special-Needs Searches”

 

10 (Monday, October 22)

 

M: Chapter 7 – “Special-Needs Searches”

W: Review

F: Second Examination

11 (Monday, October 29)

 

M, W, F: Chapter 8 – “Self-Incrimination”

 

12 (Monday, November 5)

 

M: Chapter 8 – “Self-Incrimination”

W, F: Chapter 10 – “Remedies for Constitutional Violations I: The Exclusionary Rule and Entrapment”

13 (Monday, November 12)

 

M: Chapter 10 – “Remedies for Constitutional Violations I: The Exclusionary Rule and Entrapment”

W, F: November 14 & 16, GPSA Conference – No Class

14 (Monday, November 19)

M: Chapter 12 – “Court Proceedings I: Before Trial”

W, F: November 21 – 23, Thanksgiving Holiday – No Class

15 (Monday, November 26)

M, W, F: Chapter 12 – “Court Proceedings I: Before Trial”

16 (Monday, December 3)

M: Review

W: Final Examination (10:30am - 12:30pm for 10:10am MWF Class; 1:00pm - 3:00pm for 1:25pm MWF Class)


VI. General Expectations and Course Policies

·         Absence/attendance Policy

Because all students will learn from and contribute to class discussions, and because part of your grade will consist of a class participation component, class attendance is very strongly encouraged.  By the second session of class, please choose a permanent seat so a seating chart may be kept for discussion and attendance purposes.  Please note the policy on “Class Attendance” published in the Undergraduate Bulletin, which may be applied in this course.

·         Class Withdrawal Policy

It is the responsibility of the student to withdraw from a course.  Tuesday, October 9th is the last day to withdraw from the course with a grade of “W;” you must withdraw by 5:00pm on this date to avoid an academic penalty.  Withdrawal through this date, for whatever reason, should result in a grade of “W” for the course.  Withdrawal after this date will likely result in a grade of “WF.”

·         Academic Integrity Policy

The NGCSU Honor Code operates in this course and reads:  “On my honor, I will not lie, cheat, steal, plagiarize, evade the truth or tolerate those who do” (Undergraduate Bulletin, pp. 81-84).

Suspected violations of the Academic Integrity policy should be referred by students to the instructor.  If the professor concludes that a violation of the Academic Integrity policy has occurred, the professor will either (1) penalize the student and file an incident report with the Academic Integrity Council or (2) refer the matter directly to the Academic Integrity Council.  If an incident report is filed by the instructor, the instructor will review the completed report with the student and will request that the student sign the report as an indication that the student is aware of the contents of the report.

“Students agree that by taking this course all required papers may be subject to submission for textual similarity review to Turnitin.com for the detection of plagiarism.  All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers.  Use of the Turnitin.com service is subject to the Terms and Conditions of Use posted on the Turnitin.com site (Turnitin.com).”

·         Turnitin.com Statement

Students agree that by taking this course all required papers may be subject to submission for textual similarity review to services such as Turnitin.com for the detection of plagiarism.  Students also agree that other methods for checking for plagiarism (e.g., simply “Googling” excerpts from papers) may likewise be employed.  All submitted papers will be included as source documents in the Turnitin.com reference database solely for the purpose of detecting plagiarism of such papers.  Use of the Turnitin.com service is subject to the Terms and Conditions of Use posted on the Turnitin.com site.

·         Courtesy

Courtesy is ALWAYS expected of students. Students who exhibit behaviors that are considered to obstruct or disrupt this class or its learning activities will be considered under the Board of Regents Policy on Disruptive Behavior.  Behaviors which are considered to be inappropriate in this classroom include sleeping, eating, coming in late, interrupting others, talking out of turn, inappropriate behavior during group work, verbal (or nonverbal) behavior that is disrespectful of other students or the faculty member, or other behaviors that may be disruptive.  Students who exhibit such behavior may be temporarily dismissed from the class by the instructor and will be subject to disciplinary procedures.  Disruptive behavior may also result in a failing grade in addition to disciplinary action.  Please be respectful of the views and opinions of other students expressed in class discussions even if they differ from your own.  Also, please keep an open mind and a positive (maybe even enthusiastic...) attitude.

·         Make-up Examinations

Make-up examinations (possibly in a different format from that of the regularly scheduled examination) will be administered only for students with prompt and proper documentation (e.g., physician's note, etc.) for missing an examination.  Also, any students with significant religious or vocational commitments that conflict with a scheduled examination will be accommodated.

·         Individual vs. Collaborative Work Policy

Unless otherwise specified, all students should work individually on assignments.  That said, studying together for examinations is encouraged.

·         Reading Prior to Class

Please complete all reading assignments before coming to class and refrain from reading the textbook while class is in session.  Students should take notes in advance from the reading assignments to use during class discussions.  (See the material at the end of this syllabus for tips on note taking.)  If it becomes apparent from class discussions that all students are not completing the reading assignments in advance of class meetings, the instructor reserves the right to administer additional assignments to the entire class.  These assignments may be graded and may become a component of each student’s final course grade.

 

·         Class Cancellations

Should an unanticipated or emergency cancellation of class be required, every effort will be made to post an announcement regarding this on the classroom door and/or via NGCSU email.  Students might want to get in the habit of checking email in advance of class so that they might learn about any cancellations.

·         Tardiness

Class will start and end on time.  Please do your utmost not to arrive to class late or leave early as this produces distraction.

·         Cellular Phones

Please turn off cellular phones prior to entering class as their ringing during class produces distraction. 

·         Classroom Food and Drink Policy

Please feel free to bring drinks into class, but please also respect the college policy discouraging food in classrooms

·         Accommodation for Students with Disabilities

North Georgia College & State University (NGCSU) is committed to the full inclusion of individuals with disabilities and to the principle of individual rights and responsibilities.  To that end, the policies and procedures of NGCSU reasonably ensure that a person with a disability is not, on the basis of that disability, denied full and equal access to and the enjoyment of academic programs and co-curricular activities or otherwise is subjected to discrimination in such programs and activities.

The policies for access by individuals with disabilities at NGCSU are designed to ensure full compliance with all pertinent federal and state legislation, specifically to include Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

To receive disability accommodations, the student should contact the Coordinator of Disability Resources, Office of Academic Support Programs, Room 207 Barnes Hall.  Approval of reasonable accommodations will be made on a case-by-case basis.

·         On-line Class Evaluation

Class evaluations at NGCSU are now conducted on-line through Banner.  Evaluation of the class is considered a component of the course and students will not be permitted to access their course grade until the evaluation has been completed.  The evaluations will be accessible beginning one week prior to Final Exam week.

·         Information Literacy Statement

Information literacy is the ability to know when information is needed and to access, evaluate and use information effectively and ethically. Information literacy, with its focus on definable skills and critical thinking, supports and extends the institution's overall learning outcomes.

Information Literacy Learning Outcomes*

o        The information literate student determines the nature and extent of the information needed.  (Know)

o        The information literate student accesses needed information effectively and efficiently.  (Access)

o        The information literate student evaluates information and its sources critically and incorporates selected information into his or her knowledge base and value system. (Evaluates)

o        The information literate student, individually or as a member of a group, uses information effectively to accomplish a specific purpose.  (Use)

o        The information literate student understands many of the economic, legal, and social issues surrounding the use of information and accesses and uses information ethically and legally.  (Ethical/Legal)

 *Learning Outcomes adapted from the Association of College and Research Libraries (ACRL) standards

·         Early Alert Participation

I am committed to your success in this course and at this university.  I may, therefore, refer you to other persons and/or services available to help you achieve academic success.  In turn, if you are referred, you will be expected to comply with the referrals.  Please understand that such referrals are not a form of punishment, rather, they are intended to help you.

NGCSU has implemented an Early Alert/Early Intervention program.  I am a participating faculty member in the program.  I may, then, refer you to other persons and/or services at the university designed to help you achieve your academic goals.  You, in turn, will be expected to take advantage of the help offered to you.

As your teacher I am committed to your academic success, not only in this class, but at this university.  If I feel you would benefit from some of the special services available to students, I will make the appropriate referral.  I will, further, expect you to comply with the referral and take advantage of the services offered.  (Statement Composed by the Recruit Back, Early/Alert Intervention Team, 2006.)


VII. Course Grading

Examinations

·         Examinations

There will be two (2) examinations during the course. Each examination will consist of any combination of short answer or essay questions.  Please bring a bluebook to class for each examination.  For the first examination, students will have to reproduce verbatim (or very, very nearly so) from memory the above text of the fourth, fifth, and sixth amendments to the U.S. Constitution.  This will be graded and count for 25% of the first examination grade.  For the second examination, students will turn in an expanded student brief of the case of Ohio v. Robinette, 519 U.S. 33 (1996), which will be graded and will count for 25% of the second examination grade.  Instructions for doing the brief will be covered in class.  These two examinations will count for 60% of the final course grade.  (Each examination will count 30% of the final course grade.) 

·         Final Examination

The "Final Examination" will consist of any combination of short answer or essay questions.  Please bring a bluebook to the Final Examination.  Approximately one-half of the Final Examination may be cumulative. The remaining portion of the Examination will cover exclusively material discussed since the previous examination.  The Final Examination will count 30% of the final course grade. 

·         Class Participation

At minimum, "satisfactory" class attendance and participation are expected of all students.  All students should plan on speaking and making some contribution to the class discussion during every class session.  However, conscientious students will greatly exceed this base criterion.  Students with exemplary attendance records who consistently and productively engage in class discussions whether by being called upon or by volunteering to speak will be rewarded for their excellence.  Class participation will count for 10% of the final course grade.

·         Return of Materials

Every effort will be made to grade materials handed in by students in a timely manner.  Some graded materials may be returned to students briefly for their review in class and then recollected while others may be returned to students permanently.  Some materials may not be returned.  Likewise, not all collected materials may be graded.  Students are welcomed to make an appointment to discuss any aspect of their grade with the instructor.

·       Grading Methods

Essays and short-answer question responses on exams and case briefs will be graded as follows: The instructor will read through all of the submissions by the class to satisfy an assignment.  The individual student responses will then be ranked against one another according to the instructor’s perception of their quality.  This is inherently a subjective process.  Students whose answers are well-written, complete, and thorough, which go beyond addressing every requirement of the assignment, and that demonstrate a great deal of both thought and effort will receive the highest grades.  Students whose answers demonstrate this quality to a lesser extent will receive lower grades.  Numerical grades will then be assigned to the written assignments based on their quality.  Students submitting excellent answers will receive “A’s”.   Students submitting good answers will receive “B’s”.  Students submitting average answers will receive “C’s”.  Students submitting poor answers will receive “D’s”.  Students who do not turn in a written assignment or that completely miss the point of the question will receive a score of “0” (0.0) for that assignment. 

·         Grading Scale

100 - 90%: "A", 89 - 80%: "B", 79 - 70%: "C", 69 - 60%: "D"

VIII. Structure of Class Meetings

Though lecturing may of necessity occur, wherever possible, students will be called upon to discuss material in class.  The instructor will not always ask for volunteers to participate in class discussions; any student may be asked to speak up at any time.  Effective participation in this process requires that students read assignments and review previous class notes in advance of class.  I appreciate the fact that some students have difficulty speaking in front of groups.  Hopefully, the experience you acquire doing so in this course will allay some of your fears.


IX. Inclement Weather Statement

In the event of inclement weather, please check the following radio and TV stations for announcements of closings:  WSB-TV Atlanta, FOX 5-TV Atlanta, WXIA-TV Atlanta, WNEG-TV 32, Toccoa, WSB-Radio Group, Atlanta: B98.5FM, News Radio 680 AM, Jazz Flavors 104.1, 95.5 FM;  WGST-Radio Atlanta - 640 AM and 105.7 FM, Radio Center, Gainesville:  WDUN-550AM, WGGA 1240 AM, Magic 102.9 FM, Southern Broadcasting, Athens/Gainesville: WLET 106.1 FM, 103.7 FM, 102.1 FM, 1340 AM, 960 AM; WJJC 1270 AM, Commerce, WCON 99.3 FM and 1450 AM, Cornelia.   TV and radio stations only announce if the college is closed, not if it is open.  Information on closing is also available on the NGCSU Web site.

 

 

X.  Copyright

 

Both Federal and State laws forbid the unlawful duplication of copyrighted computer software or other reproductions of copyrighted material. In accordance with these policies, NGCSU expressly forbids the copying of such materials supplied by or used in the college. Unlawful duplication of copyrighted materials by a user may result in disciplinary action and/or possible criminal action by the owner of the copyright.

 

 

Active Reading & Outlining

 

     During the Enlightenment period, the ideas of philosophers and scientists such as Isaac Newton (1642-1727) radically changed the people’s views of government.  Newton and others argued that the world could be improved through the use of human reason, science, and religious toleration.  He and other theorists directly challenged earlier notions that fate alone controlled an individual’s destiny and that kings ruled by divine right.  (O’Connor and Sabato, American Government (2006), p. 9.)

 

 

…III.  Enlightenment

…A. Newton

1.       could use reason, science, toleration to better world

2.       challenged divine right of kings

 

 

 

 

 

64 Words

 

19 Words

 

 

TIPS ON TAKING NOTES


  1. Collect notes for each course in one place, in a separate notebook or section of a notebook.
  2. Write notes on one side of the page only and only on one half of the page (devote the other half to outlining the reading assignment, as shown above).
  3. Use a loose-leaf notebook rather than a notebook with a permanent binding. See the pattern of a class by spreading out the pages.
  4. Write name, day, and date of the class on each sheet of note paper you use.  Number the pages.
  5. Use 8 1/2 x 11 sheets of paper for your notes. This size will allow you to indent and see the structure of your notes.
  6. Do not perform activities that will distract you from taking notes (doodling, etc.).
  7. Enter your notes legibly because it saves time in the long run. Make them clear.
  8. Use abbreviations (e.g., “C” for “constitution”, “­” for “increase,” etc.).
  9. Consider omitting vowels from words.  (E.g., “cnsdr omttng vwls fm wrds.”)  This will enable you to write less, which will let you pay more attention to what transpires in class.  When you go to review your notes, simply pronounce the words phonetically in your head.
  10. Box assignments and important dates in your notes so you can identify them quickly.
  11. Mark ideas that the discussion emphasizes with some special symbol.
  12. Take down examples presented in class. Indicate examples with "EX."
  13. Go over your notes as soon as possible after you have written them.  Read through the notes and improve the organization, if necessary.  Spend a few minutes each day reviewing them instead of cramming the night before an exam.
  14. Go over your notes periodically with a classmate to review and to make sure that neither of you missed anything.

(Details of this syllabus are subject to change.  This syllabus is informational, not contractual.)