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CJ 400 Constitutional Law In Criminal Justice
Mostowy, Thomas C.


Mission Statement: The mission of Park University, an 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.

Vision Statement: Park University will be a renowned international leader in providing innovative educational opportunities for learners within the global society.
CourseCJ 400 Constitutional Law In Criminal Justice MY
SemesterU1F2005
FacultyMostowy, Thomas C.
TitleAssistant Professor of Criminal Justice/Adjunct Faculty
Degrees/CertificatesJ.D.
Office HoursImmediately Before and After Class
Daytime Phone703-967-9544
E-Mailthomas.mostowy@park.edu
mcstowy@aol.com
Semester Dates30 May - 31 July 2005
Class Days---W--- Fort Myer, VA
Class Time5:00 - 10:00 PM
PerquisitesJunior Standing
Credit Hours3

Textbook:
John J. Ferdico, J.D., (2005) Criminal Procedure for the Criminal Justice Professional, 9th ed., Wadsworth Publishing

Textbooks can be purchased though the MBS bookstore

Additional Resources:
Law Dictionary:  Black's Law Dictionary or any similar legal dictionary.

United States Constitution:  A pocket-sized copy for quick review.

United States Reporter, Supreme Court Reports, or Lawyer's Edition reports of the full text of Supreme Court Decisions.  Landmark cases may also be found at FindLaw.com

General circulation newspapers that report the latest court decisions.

http://www.park.edu/virginia - Metropolitan District of Washington Park Site

http://www.park.edu/library/index.asp - Park University Library
http://www.quantico.usmc-mccs.org/quanticolibrary.htm - Qunatico Marine Base Family Library
http://www.fmmcmwr.com/librarymyer.htm - Fort Myer Post Library

Course Description:
An in-depth study of the U.S. Constitution as it applies to law enforcement, the courts, and corrections, including an examination of recent decisions by the U.S. Supreme Court.  Pre-requisite: Junior standing. 3:0:3

Educational Philosophy:
The instructor believes in the Socratic method, whereby the teacher and students produce the learning together.  Therefore, discussion, disagreement, analysis and argument about the issues presented in the text, lectures, videos and other materials presented in class is encouraged and required, while maintaining respect for the opinions of others and the Constitutional principles and traditions upon which our criminal justice system was founded.  Students should be prepared to apply critical thinking skills to all the issues and opinions presented, especially their own.

Learning Outcomes:
Upon completiion of the course, the student should be able to:
1.  Explain the nature and extent of individual rights guaranteed by the Constitution and discuss in debth the rights protected by the Fourth, Fifth, and Sixth Amendments that constitute the heart of the law of criminal procedure.
2.  Discuss generally the structure of the court system of the United States and the student's home state in particular.
3.  Describe the progress of a criminal case throught the court system from initial complaint through appeal and post-conviction remedies.
4.  Apply the law of arrest, search and seizure, interrogation, confessions, and pretrial identification to particular fact situations presented in the cases studied.
5.  Analyse factual situations presented to identify the issue(s) presented, the individual right(s) involved and how those rights come into conflict with law enforcement functions.
6.  Present arguments on the issues presetnted from a prosecution/defense of public order/individual rights perspective, and suggesting a well-reasoned resolution, based on case-law and Constitutiional principles.

Course Assessment:
Examinations, class participation and project.

Grading:
Exams:                50%
Class Participation:  25%
Project:              25%

93-100% - A
83-92%  - B
73-82%  - C
63-72%  - D
62% and below or more than 15 course-hours missed - F.

Late Submission of Course Materials:
Course materials submiteed late will receive an immediate deduction of 10%, with an additional 10% deduction for each additional class meeting until submitted.  No assignments will be accepted after the last class meeting.

Classroom Rules of Conduct:
Be on time.
Be Prepared.
Be respectful of others.
Be prepared to ask questions and to be questioned.
It is the student's reponsibility to obtain and make-up missed assignements.

Course Topic/Dates/Assignments:
In-class and homework assignments will be included as part of the class participation grade.  The class project will involve a current Constitutional Law issue to be distributed during the first class.

 ChaptersActivitiesTests
Meeting - 11-Individual RightsDiscussion; Class Project Assigned; "Balancing Liberty and Security" article. 
Meeting - 22-Criminal Courts and Criminal Trials
3-Basic Underlying Concepts: The Exclusionary Rule, Privacy, Probable Cause, and Reasonableness.
Discussion; Video  
Meeting - 33-(continued.
4-Arrest
Discussion 
Meeting - 45-Search WarrantsDiscussion 
Meeting - 56-Stop and FriskDiscussionMidterm
Meeting - 67-Search Incident to Arrest
8-Consent Searches
9-The Plain View Doctrine
Discussion; Interactive video. 
Meeting - 79-(continued)
10-Search and Seizure of Vehicles and Containers
11-Open Field and Abandoned Property
Discussion 
Meeting - 812-Admissions and Confessions Discussion, Class Project Due 
Meeting - 913 - Pretrial Identification ProceduresDiscussionFinal Exam

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.  
Park University 2004-2005 Undergraduate Catalog
Page 101

Plagiarism:
Plagiarism involves the use of quotations 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 assignment (any portion of such) prepared by another person, or incorrect paraphrasing. <a href="http://www.park.edu/catalog">
Park University 2004-2005 Undergraduate Catalog</a> Page 101

Attendance Policy:
Instructors are required to maintain attendance records and to report absences via the online attendance reporting system.

  1. The instructor may excuse absences for valid reasons, but missed work must be made up within the semester/term of enrollment.
  2. Work missed through unexcused absences must also be made up within the semester/term of enrollment, but unexcused absences may carry further penalties.
  3. In the event of two consecutive weeks of unexcused absences in a semester/term of enrollment, the student will be administratively withdrawn, resulting in a grade of "WH".
  4. A "Contract for Incomplete" will not be issued to a student who has unexcused or excessive absences recorded for a course.
  5. Students receiving Military Tuition Assistance or Veterans Administration educational benefits must not exceed three unexcused absences in the semester/term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student.
  6. Report of a "F" grade (attendance or academic) resulting from excessive absence for those students who are receiving financial assistance from agencies not mentioned in item 5 above will be reported to the appropriate agency.

Park University 2004-2005 Undergraduate Catalog Page 100

Disability Guidelines:

Park University is committed to meeting the needs of all students that meet the criteria for special assistance. These guidelines are designed to supply directions to students concerning the information necessary to accomplish this goal. It is Park University's policy to comply fully with federal and state law, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, regarding students with disabilities. In the case of any inconsistency between these guidelines and federal and/or state law, the provisions of the law will apply. Park University is committed to meeting the needs of all learners that meet the criteria for special assistance. These guidelines are designed to supply directions to learners concerning the information necessary to accomplish this goal. It is Park University's policy to comply fully with federal and state law, including Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act of 1990, regarding learners with disabilities and, to the extent of any inconsistency between these guidelines and federal and/or state law, the provisions of the law will apply. Additional information concerning Park University's policies and procedures related to disability can be found on the Park University web page:
http://www.park.edu/disability
 
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Copyright:
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