CJ313 The Law of Evidence

for S2Y 2005

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Naval Support Activity, Millington, Tennessee

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.

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


COURSE TITLE: The Law of Evidence
NAME OF FACULTY MEMBER: Stephen B. Wilke, J.D., M.P.A.
FACULTY PARK E-MAIL ADDRESS: Stephen.Wilke@Pirate.Park.Edu
DATES 0F THE TERM: 15 March – 10 May 2004
CLASS SESSIONS DAYS: Tuesday and Thursday
CLASS SESSION TIME: 7:00pm to 9:45pm
PREREQUISITES: CJ 312, Criminalistics or permission of the instructor

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.

CJ 312
The Law of Evidence
S. B. Wilke
March - May 2005
Tu. & Th., 7:00 – 9:45pm
NSA, Millington, TN

FACULITIES EDUCATIONAL PHILOSOPHY: Classes will be presented primarily through the Socratic Method, a dialectic approach through class and group discussions, and independent study. Independent study assignments will be directed and coordinated between the students and the instructor. Student presentations of selected subjects will assist in overall comprehension. Case review and discussion will also occur. Short research assignments may be given. Specific assignments will be given in classes. There may a midterm and there will be a final examination. Short quizzes may be given through the term. All tests will be essay type.

COURSE OBJECTIVES: At the completion of the course students will be able to:
a) define evidence and relate it into the larger concepts of law;
b) outline the federal and state criminal court systems;
c) describe how the court process works;
d) define types of evidence, specifically direct and circumstantial evidence;
e) discuss knowledgably the concepts of hearsay and privilege; and
f) recognize and discuss accurately specific issues related to search and seizure.

COURSE TEXTBOOK(S): Judy Hails, Criminal Evidence, Thomson Wadsworth,
Belmont, CA, fifth edition, 2005.
Supplemental Resource Material: Current electronic and print news reports.

ACADEMIC HONESTY: “Academic Honesty is required of all members of a learning community. Hence, Park will not tolerate cheating or plagiarism on tests, examinations, papers or other course assignments. Students who engage in such dishonesty may be given failing grades or expelled from Park.”

PLAGIARISM: “Plagiarism—the appropriation or imitation of the language or ideas of another person and presenting them as one’s original work—sometimes occurs through carelessness or ignorance. Students who are uncertain about proper documentation of sources should consult their instructors.”

ATTENDANCE POLICY: Instructors are required to keep attendance records and report absences. The instructor may excuse absences for cogent reasons, but missed work must be made up within the term of enrollment. Work missed through unexcused absences must also be made up within the term of enrollment, but unexcused absences may carry further penalties. In the event of two consecutive weeks of unexcused absences in a term of enrollment, the student will be administratively withdrawn, resulting in a grade of “F”. An Incomplete will not be issued to a student who has unexcused or excessive absences recorded for a course. Students receiving Military Tuition Assistance (TA) or Veterans

CJ 312
The Law of Evidence
S. B. Wilke
March - May 2005
Tu. & Th., 7:00 – 9:45pm
NSA, Millington, TN

Administration (VA) educational benefits must not exceed three unexcused absences in the term of enrollment. Excessive absences will be reported to the appropriate agency and may result in a monetary penalty to the student. Reports of F grade (attendance or academic) resulting from excessive absence for students receiving financial assistance from agencies not mentioned above will be reported to the appropriate agency. Missing more than two class meetings will affect your grade.

LATE SUBMISSION OF COURSE MATERIALS: It is the responsibility of the student to complete all assignments in a timely manner. Late submission of material will not be accepted without the specific approval of the instructor.

COURSE ASSESSMENT: Grade distribution will be: midterm examination – 40%; final examination – 40%; class attendance and participation and other assignments – 20%. If only a final examination is utilized it will be weighed at 80%. Missing more than two class meetings will affect your grade.

CLASSROOM RULES OF CONDUCT: “Faculty members are expected to dismiss from their classrooms students whose behavior is detrimental to good order in the classroom. Such behavior includes, but is not limited to, the use of abusive or obscene language, attending the class under the influence of drugs or alcohol, etc. Students who are dismissed from class may be given failing grades and suspended or expelled from the University.
Students whose behavior, either verbal or written, is detrimental to the good order of Park University may be subject to disciplinary action ranging from suspension to expulsion. Students who exhibit abusive or obscene language or behavior toward administrative personnel or support staff are subject to suspension or expulsion from the university.”
Specifically: a) Be sure to arrive to class on time prepared to discuss the day’s assignments; b) Drinking and eating snacks is allowed in class; c) Please turn cellular telephones and pagers off or to vibrate mode; d) Class breaks will be offered during the evening but students may leave the class at any time for short periods to attend to personal needs.
As a exercise in college level academic education, the greatest range of acceptance will be give to all viewpoints; each student will have intellectual advancement as their primary goal, respect will be give to all other students, the class as a group and the school environment.

CJ 312
The Law of Evidence
S. B. Wilke
March - May, 2005
Tu. & Th., 7:00 – 9:45pm
NSA, Millington, TN

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 American with Disabilities Act of 1990, regarding students 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: www.park.edu/disability.”


GRADING PLAN: The grade of A will reward excellence in a student’s course work. The grade of B will indicate very good course work. The grade of C will signify average course work. The grade of D will follow from below average course work. The grade of F will designate failure in the course.

CLASS POLICIES: All work is to be original and is to reflect college level quality. Attendance is required. It is the responsibility of each student to make arrangements regarding any missed examinations or assignments.

INCLEMENT WEATHER: Regarding weather, as a general rule, class will meet so long as the NSA base is open. In the event of inclement weather students should follow the local news or otherwise inform themselves of the base status. If NSA is closed due to inclement weather class will not meet and make-up assignments will be subsequently scheduled.

Note: This Syllabus is not a contract. It is merely a guide to assist in planning and it is subject to change upon notice.

CJ 313
The Law of Evidence
S. B. Wilke
March – May, 2005
Tu. & Th., 7:00 – 9:45pm
NSA, Millington, TN

Syllabus Attachment
CJ – 313 The Law of Evidence

Class Schedule (non-binding):

1. March 15 first class meeting, introduction
2. March 17 chapter 1
3. March 22 chapter 2
4. March 24 chapter 3
5. March 29 chapter 4
6. March 31 chapter 5 & 6
7. April 5 chapter 7 &8
8. April 7 mid-term exam
9. April 12 chapter 9 & 10
10. April 14 chapter 11
11. April 19 chapter 12
12. April 21 chapter 13
13. April 26 chapter 14
14. April 28 chapter 15
15. May 3 chapter 16
16. May 5 course review
17. May 10 last class, final examination