CJ313 The Law of Evidence

for S1B 2005

Printer Friendly

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.


CJ 313 The Law of Evidence


S1B 2005 BL


DeAngelis, George A.


Senior Instructor/Adjunct Faculty


Bachelor of Science Criminal Justice Administration
Master of Science Administration of Justice and Security
Master of Arts Management

Office Location


Office Hours

contact 915-252-3323

Daytime Phone





Web Page


Semester Dates

10 January/March 6, 2011

Class Days


Class Time

5:00 - 7:30 PM

Credit Hours


 Criminal Evidence, by  Hails, Judy  6th Ed (09)
 ISBN 978-0-495-09581-1
Copperhouse Publishing Co.

Textbooks can be purchased through the MBS bookstore

Textbooks can be purchased through the Parkville Bookstore

Additional 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.
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.
Park Helpdesk - If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.


Course Description:
The rules of evidence as they relate to the prosecution and defense of criminal cases: general provisions, judicial notice, presumptions, relevancy, privileges, witnesses, hearsay, expert testimony, authentication, and identification. Pre-requisite: CJ312. 3:0:3

Educational Philosophy:

Your instructor's educational philosophy is based upon lectures, examinations, research from web sites, writings from outside sources and dialog with students. Assignments are intended to encourage thoughtful exploration of ideas and application of information provided during the course. Contradictory thoughts are encouraged as part of the learning process. Students are expected to ask questions about something they do not know.

Learning Outcomes:
  Core Learning Outcomes

  1. Distinguish what evidence is and how it affects the processing of a criminal case, the different 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.

  Instructor Learning Outcomes
  1. Understand the importance of ethics in the criminal justice system
  2. Demonstrate knowledge of the issues surrounding the problem of wrongful convictions
Core Assessment:

·        Class participation, short answer-essay exams

·        Essay exams

·        Research paper(s) &/or project(s), presentation on paper &/or project

Link to Class Rubric

Class Assessment:

There will be four unannounced quizzes collectively valued at 20% of the total grade. In addition, there will be a mid-term and final examination valued at 25% each. Additionally, each student will be required to complete a research paper (core assessment) valued at 20%. Detail information concerning the paper will be discussed in class. Participation will factor 10% of the total grade. Additional class work may also be assigned during the term as per the discretion of the facilitator. Example: Students who are absent will be required to submit an outline and a 300 word summary for each of the chapters covered in class. The make-up work must be sent via drop-box by the beginning of the next class meeting. Failure to submit will result in two point deduction in addition to the absence.

(Note: attendance is a component of participation)


The grading scale is as follows: A=90-100; B=80-89; C=70-79; D=60-69; F=0-59.

Mid Term Exam 25%

Final Exam  25%

Research Paper (core assessment) 20%

Four Quizzes 20% (5% each)

Participation (with attendance) 8%

Total: 100%

Each student is responsible for:

Completing weekly reading assignments

Completing research paper

Completing 4 quizzes

Completing a proctored mid-term and final examination

Attending class on time

Late Submission of Course Materials:

Makeup work for absence must be submitted via drop-box by the next class no later than 11:59 pm MST. It will not be accepted after that unless the student and the instructor have made prior arrangements. There is a two point deduction for each incident makeup work is not satisfactorily completed.

Research papers will be penalized five points for each class it is late unless the student and instructor have made an advance agreement. Papers are late if not posted via drop-box by 11:59 pm MST. Papers that are late three class three dates will not be accepted.

Examination missed as a result of excused absence can be rescheduled within one week after the regularly scheduled exam date

Examination missed as a result of unexcused absence will be recorded as an "F"
There will be no examination retakes

Classroom Rules of Conduct:

First and foremost, this is not an on-line class. Therefore, students who cannot commit to attending this class as scheduled should not enroll. Students are expected to attend class on time and to remain for the entire period. Continuous tardiness will impact attendance grade. Leaving class must be approved by the facilitator in order to receive attendance credit. Students must realize that due to the compressed schedule, class time is critical. Continued tardiness of 30 minutes or more will be cause for marking the student absent for that class period. Students missing class must personally notify the instructor via phone or email as soon as possible (do not text message). Asking a student to relay messages to the instructor will not be considered proper notification. Determination of what is an excused or unexcused absence remains with the discretion of the facilitator as per Park University policies. (See below) Students who miss the first day of class will miss important information about the class format, syllabus, text, exams, and core assessment assignment. This information will not be repeated due to limited class time. However, it will be your responsibility to become familiar with this information. Students who are disruptive, abusive, rude, or unruly towards any student, guest, or faculty will be removed from the class. Rude conducts towards the instructor includes disruptive chattering, doing homework, reading a book (other than the text) or newspaper, sleeping, or continuously leaving class to answer cell phone. Prohibited conduct is also cause for dismissal from the class. Such conduct includes plagiarism and dishonesty (in any manner or degree). Both will not be tolerated. Submitting the same work (presumably your work) for two different assignments is not plagiarism but it is considered unethical, even if the two assignments were completed for different classes. If it is discovered that a paper or other assignment was previously prepared for another course, or learning institution, it is an academic impropriety and will result in a "0" grade. Coursework must uphold the high standards of academic integrity. Nonacademic information resources, such as Wikipedia.org, Ask.com, Encarta.msn.com, Infoplease.com, etc are not allowed because they are not credible, accurate, or peer reviewed. Computer technologies make writing and revising easier. However, students must recognize that technology can also cause problems.  Problems can occur such as printers running out of ink and hard drives crashing.  Nevertheless students must be responsible for planning ahead and meeting deadlines in spite of these issues.  Be sure to save copies of your work to a disk, a hard drive, and print out paper copies for backup purposes. Assignments will be delivered via E-companion drop-box in a compatible file. Technological difficulties are not an acceptable excuse for turning in work late.

Course Topic/Dates/Assignments:
Jan.10          Class Orientation, Chapter 1 Introduction to Federal Rules of Evidence
Jan.12          Chapter 12 The Court Process

Jan.17          Chapter 3 Types of Evidence, Chapter 3a The CSI Effect
Jan.19          Chapter 4 Direct & Circumstantial Evidence

Jan.24          Chapter 5 Witnesses, Central Park Jogger Case
Jan.26          Chapter 6 Crime Scene Evidence, Review MT Exam Chapters 1-6

Feb.31          MT Exam Chapters 1-6
Feb.02          Chapter 7 Documentary Evidence

Feb.07          Chapter 8 Hearsay
Feb.09          Chapter 9 Privileged Communication

Feb.14          Chapter 10 Search & Seizure. 4th Amendment DVD
Feb.16          Chapter 11 Field Interviews, Arrest, & Jail Searches

Feb.21          Chapter 12 Plain View, Consent & Vehicle Searches, Research Papers Due
Feb.22          Chapter 14 Self Incrimination

Feb.28          Chapter 15 Identification Procedures, Review Final Exam
March02       Final Exam Chapters 7-12, 14&15          

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 students and faculty members are encouraged to take advantage of the University resources available for learning about academic honesty (www.park.edu/current or http://www.park.edu/faculty/).from Park University 2010-2011 Undergraduate Catalog Page 92

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. from Park University 2010-2011 Undergraduate Catalog Page 92-93

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 "F".
  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 2010-2011 Undergraduate Catalog Page 95-96

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. 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 .

Additional Information:

Core Assessment:

For CJ313, all students will complete a research paper examining the
problem of wrongful convictions in the American criminal justice system. The paper
will examine the following topical issues:

  1. What is meant by wrongful conviction? What are the
       legal implications for the individual before and after?

  1. What events in the American criminal justice system
       are responsible for the disturbing increase in wrongful convictions?

  3. Identify a wrongful conviction case and discuss the
       legal issues/violations as they relate to evidentiary law.

  5. Summarize your findings of the case and who bears the
       responsibility for the wrongful conviction.

  7. What steps can be taken to reduce wrongful

  9. What role, if any, does science have?

The essay should provide complete and equitable treatment of all six
topical areas, but the issues and researched material should be integrated to
provide a consolidated examination of. The paper should contain the following
technical components:

1. A cover or title page

2. A body of text, 6-8 typed, double -spaced pages (1,500 to 2,000 words) in length

3. A reference page containing a minimum of 8 course-external resources

4. Written in APA

5. Strive for a 15% Similarity Index

Similarity index by source.

Papers will be checked for plagiarism. A
Similarity index breaks down which repositories a paper was found to have
matches. A comparison is then made with information within the paper and the
reference page. This helps determine originality and the total percentage of the paper found to have been copied from other sources such as Internet and publications. For this course, no more than 15% of the paper may
be copied directly from outside sources. In every instance of copying
information from outside sources, such as the Internet, books, journals, newspapers,
and textbooks, the information must be properly cited in APA format.

The goal is to increase the student's original contribution to the


CompetencyExceeds Expectation (3)Meets Expectation (2)Does Not Meet Expectation (1)No Evidence (0)
The artifact assembles at least 8

Sources from class readings, observations, and other resources

The artifact assembles  at least 6-8 sources from class readings, observations, and other resources The artifact assembles 5 or fewer sources from only one resource The artifact does not utilize proper resources 
The artifact will display the use of at least 8 outside sources and the ability to draw a well supported conclusion about the case chosen The artifact will display the use of at least 6-8 sources and an adequate conclusion about the case chosen The artifact will display the use of 5 or fewer outside resources and show little ability to draw a conclusion about the case chosen The artifact does not display a proper conclusion about the case chosen 
The artifact demonstrates the student's ability to utilize 3 or more evaluation perspectives in examining the facts contained in the case chosen. The artifact demonstrates the student's ability to utilize 2 evaluation perspectives in examining the facts contained in the case chosen The artifact contains 1 evaluation perspective  in examining the facts contained in the case chosen Evaluation is not present in the artifact 
1, 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
The artifact contains no errors in terminology The artifact contains 1-2 errors in terminology The artifact contains 3-4 mistakes in terminology The artifact contains 5 or more errors in terminology 
1, 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
The artifact discusses more than 5 key elements and displays an exceptional understanding of the elements The artifact discusses 5 key elements and displays an understanding of the elements The artifact discusses fewer than five key elements and displays little understanding of the elements The artifact does not discuss key elements 
2, 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 
The artifact shows multiple instances and exceptional understanding of terminology and concepts through out the paper The artifact shows sufficient and satisfactory use of terminology and concepts throughout the paper The artifact shows little and unsatisfactory use of terminology and concepts throughout the paper The artifact fails to demonstrate an understanding of terminology and concepts 
Whole Artifact                                                                                                                                                                                                                                             
1, 2, 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
The artifact is in APA or MLA format, is at least 6 pages in length, and displays proper grammar and no spelling errors The artifact is in APA or MLA format, is 4-6 pages in length, displays proper grammar, and no more than 2 spelling errors The artifact is not in a proper format, contains multiple grammar errors, and more than 2 spelling errors The artifact is not in proper format, contains multiple grammar errors , and multiple spelling errors 
1, 2, 3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
The artifact contains the following:

-Title page


-Bibliography with at least 8 sources


The artifact contains the following:

-Title page


-Bibliography of at least 6-8 sources

The artifact does not contain one or more of the following:

-title page


-bibliography of at least 5 sources

The artifact is missing most of the required elements 


This material is protected by copyright
                               and can not be reused without author permission.

Last Updated:12/17/2010 12:03:43 PM