CJ313 The Law of Evidence

for F2KK 2006

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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


F2KK 2006 HA


White, Harry O.,, Jr.


Associate Professor


Ph.D. Urban Studies (Administration of Justice); MPA, Organizational
Behavior; M.Ed., Criminal Justice Education; B.S., Administration of

Office Location

Room 102, Bldg 1507 (Lexington Hall)

Office Hours

1615 - 1730, M-Th, other times by appointment

Daytime Phone




Semester Dates

October 23 - December 18, 2006

Class Days

T and Th

Class Time

5:30 - 8:30 PM

Credit Hours



Ferdico, John N. 2005. Criminal Procedure for the Criminal Justice Professional. 9th ed. Belmont, CA: Wadsworth.


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.
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Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.

Course Description:
This intermediate course examines 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. 3:0:3

Educational Philosophy:

Student-oriented discussions will be used as often as possible, with lectures provided when necessary to present information that is not contained in assigned readings.  Students are expected to come to class prepared to contribute to the substance of the course.  Out-of-class assignments are designed to evaluate the student's achievement of the performance objectives.  Tests are not for the purpose of grade assignment. Rather, to ascertain the level of understanding of the basic concepts of criminal law.    All materials contained in the text book are the responsibility of the student whether discussed in class or not.

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. Define the exclusionary rule
  2. Describe major cases and landmark decision of the courts as related to search and seizure
  3. Discuss the sources of police authority
  4. Identify areas of police responsibility in legal determination settings
  5. Integrate the concepts of Amendments I, IV, V, VI, VIII, and XIV
  6. Contrast the concepts of arrest, detention, protective custody
  7. Evaluate court decisions involving search and seizure
  8. Justify the determination of probable cause
  9. Analyze the concepts and procedures for in and out of court identification
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:

Each student is expected to attend class regularly, read all assigned material, participate in class discussions, perform satisfactorily on examinations, and complete assignments in a timely manner.  Additionally, the following requirements must be accomplished:


1.                  Establish an email account. To get credit you MUST send me an email from that account that identifies the sender and course number due October 30, 2006.  

2.                  Prepare case briefs on any two (2) of the cases listed in the reference section of each chapter in the text.  The format for the case brief is attached and will be submitted using email.  The due dates for the case briefs are: First case brief is due not later than November 14, 2006.   Case brief number 2 is due not later than November 28, 2006.

3.                  Read and prepare a 2 page review of one of the articles listed in the attachment "Internet Articles." This review is designed to expand your information base on a topic that is of interest to you.  Remember that the format for the review is 2 complete pages.  Therefore, each review will contain 4 pages, the cover page, 2 review pages and the final page will be the APA style of citation for the article reviewed.  Each of these requirements will be graded.  The format must be 1 ½ inch left margin and all other margins 1 inch.  Using New Times Roman font, 12 point only.  Article review number 1 is due not later than November 20, 2006.  Article review number 2 is due not later than December 4, 2006

4.         The mid term examination will cover all material covered to that date.  The final examination will only include that material covered since the mid term.

5.         Participation is graded in this course. It is expected that students will come to the class prepared to engage in discussion, ask questions and provide their interpretations of the material. As part of the grading scheme for participation, attendence is a critical component.


Student evaluation will be based on individual performance on examinations, written reports, and class participation. There are no provisions for extra credit to raise a grade – more of the same does not increase quality. There may be, however, opportunities to receive extra points in connection with email and internet tasks. This is not inconsistent with the “no extra credit” policy because the points are only granted to the first few students who respond accurately to the task. There are 400 total points for this course and the accumulated sum will determine the final grade based on the following scale.

email............................................................................... 20 points

Participation.................................................................... 20 points

Case briefs (2 @ 40 points each)..................................... 80 points

Article reviews (2@ 40 points each)................................. 80 points

Quizzes.............................................................................40 points

Mid Term and final (80 points each).................................160 points

A = 360-400; B = 320-359; C=280-319; D=240-279; F= <240

As a matter of personal preference I discourage incomplete grades. I understand that there are unique or special circumstances that make this option seem to be an acceptable solution. However, such a grade place an additional burden on students during their subsequent term of study. Having to focus on the requirements of last term as well as their current term could cause stress that will negatively impact performance on both. Assignment of and “I” may result in: (1) an expansion of the requirement; (2) an increase in performance standard; or (3) both . Park University policy on incomplete grades is as follows: “An incomplete grade (I) may be issued only upon completion of a “Contract for Incomplete” signed by the student and the instructor and placed on file in the Office of the Registrar or Campus Center. An Incomplete will not be issued to a student who has unexcused or excessive absences recorded for the course. An “I” indicates that the coursework was not completed in the time allotted in the semester/term through no fault of the student as determined by the instructor. Final assessment of the grade is postponed to no later than 60 days after the last day of the semester/term in which the “I” was received. Failure on the part of the student to complete the work will result in an “F.” A student may submit a written request for one 30-day extension beyond the 60 days. After approval by the instructor, the request is filed in the Office of the Registrar or Campus Center. " (page 92, 2006-2007 Park University Undergraduate Catalog)

Late Submission of Course Materials:

This course has an established schedule which will guide us through the materials. Assignments and examinations cannot be made up, ex post facto, but can be completed in advance.  All course requirements and due dates are clearly indicated in the syllabus and outline. It is a matter fairness because once the assignments and examinations have been posted there is potential for compromise.  Therefore, make-up assignments and examinations are discouraged and will be available only for emergency reasons, appropriately documented. Further, the date due is the last but not the first.  In other words papers, these tasks can be completed or accomplished at any time.  It is a good idea to accomplish the task early so that personal events do not preclude a timely completion of the assignment.  I DO NOT accept any late assignments.

Course Topic/Dates/Assignments:

Proposed Outline

Week 1

October 24 and 26, 2006

email due: October 30, 2006

Chapters 1 and 3, Individual rights and concepts of evidence.

Bill of Rights.

Individual Protections.

The Exclusionary Rule.

Probable Cause.

Week 2 and 3

October 31 - November 9, 2006

Chapters 4 and 6, Probable Cause and arrest

Informants and corroboration

Arrest and seizure defined.

The formal arrest.

Use of force.

First case brief is due not later than November 14, 2006

Week 4

November 14, 2006

Chapter 7, Stop and Frisk

Terry v. OH.


Stop and Frisk

Mid Term Examination, November 16, 2006

Article review 1 due not later than November 20, 2006

Week 5

November 21 and 23, 2006

Chapter 8, Search incident to arrest

Chimel v. CA

Search of other areas of the premises

Case brief number 2 is due not later than November 28, 2006

Week 6

November 28 and 30, 2006

Chapter 9, Consent searches

Voluntariness and scope

Who may give consent

Chapter 10, Plain view doctrine



Article review number 2 is due not later than December 4, 2006

Week 7

December 5 and 7, 2006

Chapter 11, Search and seizure of vehicles and containers

The Carroll Doctrine


Impoundment and inventory

Chapter 12, Open fields and abandoned property

Week 8

December 12, 2006

Chapter 13, Admissions and confessions.





Final Examination December 14, 2006

This is the proposed outline and is subject to change at the discretion of Dr. White.

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 2006-2007 Undergraduate Catalog Page 87-89

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. Park University 2006-2007 Undergraduate Catalog Page 87

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 "W".
  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 2006-2007 Undergraduate Catalog Page 89-90

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:

Electronic devices

                The use of cell phones, beepers or other electronic devices in the classroom is prohibited. It is a matter of courtesy to other students that the classroom environment must not be disrupted by the sounds of cell phones and beepers. You certainly have the right to have a cell phone or beeper and have the right to carry either or both with you.  You do not have the right, however, to allow them to disrupt, interrupt or infringe on another's right not to be disturbed or disrupted in any fashion.  Your individual rights end where another's begins – that point in time or space is defined by the other person – not owner/possessor of the electronic device.

                If a cell or beeper goes off, the student will immediately be excused from the class room for the remainder of the period of instruction. It is believed that these sounds are disruptive and distractive to the learning environment. This policy will be strictly enforced.

Articles on the Internet.wpd

Case brief format


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 permission Dr. White.

Last Updated:9/26/2006 8:57:15 AM