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CJ 313 The Law of Evidence
Chave, Reid W.


          Reid Chave
Reid.Chave@pirate.park.edu
Office: 1383 Southlake Drive, Mt. Pleasant, SC 29464
Office Hours: Daily, 8 - 10AM, and 11PM, Eastern Standard Time
Phone: (843) 856-9160
Fax: (775) 908-8810

 


Park Vision/Mission Statement

Park University Vision

Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.

Park University Mission

The mission of Park University, a entrepreneurial institution of learning, is to provide access to academic excellence which will prepare learners to think critically, communicate effectively and engage in lifelong learning while serving a global community.

 
Course Description

CJ-313:  The Law of Evidence

This intermediate course examines the rules of evidence as they relate to the prosecutor and defense of criminal cases, general provisions, judicial notice, presumptions, relevancy, privileges, witnesses, hearsay, expert testimony, authentication, and identification.

 
Overview and Course Goals

CJ-313, Section DL:  January 9 - March 5, 2006

This course provides students with the opportunity to examine the rules of evidence in criminal cases commonly found in the United States.  Because such rules may vary from state to state, the majority rules and Federal Rules of Evidence will be the basis for study.  As part of the course, students will also have the opportunity to examine the state evidentiary rules where they live.

Each week we'll focus on different aspects of evidentiary rules based on information contained in our text and from various internet web sites, including web sites for the Federal Rules of Evidence and individual state rules.

 
Core Learning Outcomes

1.  Distinguish what evidence is and how it affects the processing of a criminal case, the difference types of evidence as introduced at trial, and the issues surrounding the use of witnesses as evidence in a criminal case.

2.  Critique hearsay evidence and privileged communications.

3.  Compare the types of searches utilized in the criminal justice system and the evidentiary issues that surround them while understanding the process of preparing a case for trial.

 
Required Texts/Materials

Criminal Evidence, 5th Edition, by Judy Hails; Thomson Wadsworth; ISBN:0-495-00138-4 (2005)

 
Course Policies

Course-Specific Policies:

PARTICIPATION:  A course week begins on Monday and ends on Sunday for each of the eight course weeks.  Each week is further divided into two parts with Part 1 being from Monday through Wednesday, and Part 2 from Thursday through Sunday.  Sunday is the final day of the course week and is the time to catch up on what you may have missed earlier in the week.  You are encouraged to enter the online classroom early in the week and again later in the week.  A percentage of your grade point tally is based upon participation.  Because learning is more effective when developed over time rather than crammed into a few hours, full participation points will only be earned by students entering the course in both parts of each week.  Because many have duties and obligations that may interfere with such participation such a military deployments, each student must contact me immediately when participation problems are anticipated or encountered.  Discussion participation points are based on initial responses to my questions and your responses to classmate entries.

ASSIGNMENTS:  Inasmuch as the E-College operates on Mountain Standard Time (MST), assignment responses must be posted online in the course by submitting assignments where directed to include written assignments in the dropbox.  I will grade the assignment with percentage points (not a letter grade), and submit the results (score and comments whe appropriate) through the dropbox and the gradebook.

GRADE POINTS:  All points for participation, assignments, exams, and projects will be periodically posted either in the online gradebook in the course or by individual e-mail.  You can track how you are doing in the course by keeping count of the points you accumulate as the course progresses.  Note that I do not indicate letter grades during the course as that letter grade can go up or down depending on when assignments are completed.  Earning an A grade in the course will be dependent upon completing all assignments, maintaining weekly attendance and course participation, and finally, your final examination to be completed during Week 8. 

E-MAIL PROCEDURES:  When sending messages and assignments by e-mail, you must use an e-mail address that I recognize as yours.  I do not open e-mails from unrecognized senders or with blank subject lines.   If you send me an e-mail from other than your park.pirate mail address, be sure to use CJ-313 as part of the subject line.  Be sure to keep me advised of your correct e-mail address or any changes in e-mail addresses that occur during the course.  I will generally respond to properly identified messages within 48 hours taking into account that I operate in the Eastern Standard Time (EST) zone.

Students are responsible for clicking on the link below and thoroughly reading each Online course policy.  If you have questions about any of these policies, please contact your instructor for clarification.

Online Course Policies

 
Grading Policy

SCORING RUBRICS

  • Each week, an online written assignment is required and is worth a maximum of 30 points.  Written assignments are due in the dropbox by Sunday of each course week, and are based on the following criteria:  (1)  Was the assignment correctly completed?  (2)  Was the assignment completed on time.
  • Each week, participation is required.  Initial participation in the week's discussion is required by Thursday morning, with the second discussion segment being completed by Sunday.  Each week's participation is worth 50 points (30 points for responses to the instructor's questions, and 20 for engaging in online classroom discussion by responding to classmates' postings.  Participation will be graded based on the following criteria:  (1)  Did the student respond to the instructor's questions?  (2)  Did the student respond to the posts of classmates?  (3)  Did the student respond on time?  (4)  Did the student responses demonstrate knowledge of the subject matter covered in the questions?
  • As a means of review, an open-book mid-term examination will be given during Week 4, which will be worth 60 course points and will be responded to by e-mail.
  • Submission of Late Work:  Work submitted after the close of each week's class on Sunday will not be accepted.  If there are circumstances affecting late submissions (e.g., late arrival of the course text; sudden military deployment), contact your instructor immediately be e-mail.
  • Proctored Final Examination:
  • A final proctored examination will be taken in a proctored testing environment during the 8th week at one of the Park University sites around the country or at an alternative location.  For proctored examinations, photo identification is required at the time of the test.  Guidelines for selecting an acceptable proctor can be found on the Park University Website. 
  • Other Information on proctored exams:
    • It will be the responsibility of the student to arrange for a proctor, by the 6th week of the term, who is accepted and approved by the course instructor. 
    • Approval of proctors is the discretion of the Online instructor. 
    • A proctor request form will be made available to you during the first week of class so that you can send your requested proctor to your instructor for approval. 
    • Failure to take a final proctored exam will result in an automatic "F" grade.

Course Grading Scale

Grading Criteria:  Students are expected to participate and complete all assignments during the weeks in which they are assigned.  The due date for all assignments is midnight, Mountain Standard Time (MST) on the Sunday of each week in the course unless a different due date is specified.

The components of the course and their respective worth are as follows:

Weekly Online Question Entries:  30 points each week; 240 points total

Weekly Online Student Feedback Entries:  20 points each week; 160 points total

Mid-term Examination:  60 points

Weekly Written Assignments (Dropbox):  30 points each week; 240 points total

Final Exam with Approved Proctor (Week 8):  300 points

Total Course Points:  1,000

Course Letter Grade

A = 90 - 100% (900 points or higher)
B = 80 - 89% (800 to 899 points)
C = 70 - 79% (700 to 799 points)
D = 60 - 69% (600 to 699 points)
F = < 60% (599 or fewer points)

Course Schedule

Week 1:  Chapter 1

Week 2:  Chapters 2 and 3

Week 3:  Chapters 4 and 5

Week 4:  Chapters 6 and 7

Week 5:  Chapters 8 and 9

Week 6:  Chapters 10 and 11

Week 7:  Chapters 12 and 13

Week 8:  Chapters 14 and 15

 
Academic Honesty

Academic Honesty

Academic integrity is the foundation of the academic community.  Because each student has the primary responsibility for being academically honest, students are advised to read and understand all sections of this policy relating to standards of conduct and academic life. 

Definitions

Academic dishonesty includes committing or the attempt to commit cheating, plagiarism, falsifying academic records, and other acts intentionally designed to provide unfair advantage to the students.

  • Cheating includes, but is not limited to, intentionally giving or receiving unauthorized aid or notes on examinations, papers, laboratory reports, exercises, projects, or class assignments which are intended to be individually completed.  Cheating also includes the unauthorized copying of tests or any other deceit or fraud related to the student's academic conduct.
  • Plagiarism involves the use of quotation without quotation marks, the use of quotations without indication of the source, the use of another's idea without acknowledging the source, the submission of a paper, laboratory report, project, or class assignments (any portion of such) prepared by another person, or incorrect paraphrasing.
  • Falsifying academic records includes, but is not limited to, altering grades or other academic records.
  • Other acts that constitute academic dishonesty include:
    • Stealing, manipulating, or interfering with an academic work of another student or faculty member.
    • Collusion with other students on work to be completed by one student.
    • Lying to or deceiving a faculty member.

Procedure

In the event of alleged academic dishonesty, an Academic Dishonesty Incident Report will be submitted to an Online Academic Director who will then investigate the charge.  Students who engage in academic dishonesty are subject to a range of disciplinary actions, from a failing grade on the assignment or activity in question to expulsion from Park UniversityPark University's academic honesty policy and related procedures can be found in full in the Park University Undergraduate and Graduate Catalogs.

 
Attendance

Professors are required to keep attendance records and report absences throughout the term. Excused absences can be granted by the instructor for medical reasons, school sponsored activities, and employment-related demands including temporary duty. The student is responsible for completing all missed work.  Any student failing to attend class for two consecutive weeks, without an approved excuse from their instructor, will be administratively withdrawn and notified via email that you have been withdrawn and a grade of "WH" will be recorded.

An attendance report of "P" (present) will be recorded for students who have logged in to the Online classroom at least once during each week of the term.  PLEASE NOTE:  Recording of attendance is not equivalent to participation.  Participation grades will be assigned by each individual instructor according to the criteria in the Grading Policy section of the syllabus.

More details on the attendance policy can be found in the Park University Undergraduate and Graduate Catalogs.

 
Student Resources

McAfee Memorial Library - Online information, links, electronic databases and the Online catalog. Contact the library for further assistance via email or at 800-270-4347.

Park University Online Bookstore - Select "Online Learning- Graduate," or "Online Learning - Undergraduate," and then click on the appropriate course code (ex. AC 201, PA 501) to see the list of required and optional texts for each course that you are enrolled in. 

Advising - Park University would like to assist you in achieving your educational goals. Your Campus Center Administrator can provide advising to you, please contact them for assistance.  If you need contact information for your Campus Center, click here.

Online Tutoring Services - Park University has arranged for Online students to receive five hours of free access to Online tutoring and academic support through Smarthinking. If you would like Online tutoring, please contact me to receive their recommendation and information on how to access the Online tutoring.

Career Counseling - The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.

Online Classroom Technical Support - For technical assistance with the Online classroom, email helpdesk@parkonline.org or call the helpdesk at 866-301-PARK (7275).  To see the technical requirements for Online courses, please visit the http://parkonline.org website:  click on the "Technical Requirements" link, and click on "BROWSER Test" to see if your system is ready.

Park Helpdesk - If you have forgotten your User ID or Password, or if you need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024.