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CJ 313 The Law of Evidence
Infinito, Vincent


COURSE NUMBER: CJ313
COURSE DESCRIPTOR: CRIMINAL JUSTICE
COURSE TITLE: THE LAW OF EVIDENCE
PROFESSOR: VINCENT J. INFINITO, ESQ.
OFFICE HOURS: MON & WED 1615-1645
TERM & DATES: FALL 2, 2003; 21 OCT. - 13 DEC. 2003
MEETING: MON/WED 1645 – 1915
PHONE: 252-638-4980
PARK EMAIL: Vincent.Infinito@park.edu
CREDIT HOURS: 3 CREDIT HOURS
PREREQUISITE: CJ312 3:0:3
SITE: MCAS CHERRY POINT


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

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.


SYLLABUS FOR THE LAW OF EVIDENCE

I 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


II LEARNING OBJECTIVES: This course will enable the students to
demonstrate the formal rules and procedures regarding criminal evidence; to explain the history and development of these rules under our Constitution and laws; to justify the basic principles guiding these rules and procedures and to employ this knowledge in problem analysis.


III TEXTBOOK: CRIMINAL EVIDENCE, Fourth Edition, Kaci, Judy Hails, Copperhouse Publishing Co., 2000

IV SUPPLEMENTAL RESOURCE MATERIALS LIST; Kaplan & Waltz, Basic
Materials on Criminal Evidence (1980); McCormick, Evidence 3rd ed. 1984); Common Sense and the Fifth Amendment (1959), Berry, Arrest, Search and Seizure (1973); Silberman, Criminal Violence, Criminal Justice (1979); Southerland, Crime and Confession, (1965).


COURSE NUMBER: CJ313 SYLLABUS-Page2



V. 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

VI. 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.

VII. 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 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 absences for students receiving financial assistance from agencies not mentioned above will be reported to the appropriate agency.


VIII. LATE SUBMISSION OF COURSE MATERIALS: The instructor will not accept assignments late. Assignments not submitted on the due date will receive a grade of “zero.” All tests must be taken on the dates the class is given the test. Extreme situations may be handled by the instructor on a case-by-case basis. A determination of an “extreme situation” is solely the instructor’s.


IX. COURSE ASSESSMENT: The final course grade for the student will be determined by class participation, two examinations (midterm and final) and assigned projects or term papers.


XI. CLASSROOM RULES: Cell phones, beepers and other communication devices are not to be used, or on, during class. Disruptive behavior (as determined by the instructor) is unfair to the other students and will not be tolerated. Loud talking, snoring, sleeping, coming late to class or leaving early, except in emergencies, will not be tolerated. Multiple disruptions over a term will lead to the withdrawal of the student from the class by the instructor. The instructor may announce other rules from time to time.
Disabilities: Students with disabilities should contact the instructor as soon as possible, preferably before the term begins.

XII. GRADING POLICY: The final course grade will be determined using the following measurement:
Class Participation: 10%
Mid- Term Examination: 40%
Term Paper: 10%
Final Examination: 40%
Students will be prepared to discuss all scheduled assignments in class.
The grade scale is as follows:
A -93% or above
B -85% to 92.99%
C -77% to 84.99%
D -70% to 76.99%
F -below 70%

Proposed class schedule (This schedule is approximate and may be modified)

Oct. 20 Introduction Chap 1
The Court Process Chap 2 pps 1 – 52

Oct. 22 Types of Evidence Chap 3
Direct and Circumstantial Evid. Chap 4 pps 55 – 93

Oct. 27 Witnesses Chap 5 pps 97 – 121

Oct 29 Crime Scene Evidence Chap 6 pps 125 – 150

Nov 3 Documentary Evidence Chap 7 pps 153 – 167

Nov 5 Hearsay and its Exceptions Chap 8 pps 171 – 197

Nov 10 Review

Nov 12 MIDTERM EXAMINATION

Nov 17 Privileged Communications Chap 9
Developing Law of Search/Seizure Chap 10 pps 199 - 239

Nov 19 Detention, Arrest & Jail Searches Chap 11
pps 243 – 260

Nov 24 Miscellaneous Searches Chap 12 pps 263 – 294

Nov 26 Self-Incrimination Chap 13 pps 299 – 318

Dec 1 Identification Procedures Chap 14 pps 321 - 332

Dec 3 Preparing the Case for Court Chap 15 pps 335 -350

Dec 8 Review

Dec 10 FINAL EXAMINATION