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CJ 313 The Law of Evidence
Schneider, Sally A.


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 313 The Law of Evidence DA
SemesterU1D2005
FacultySchneider, Sally A.
TitleInstructor
Office LocationS2D05
Office HoursTo be announced
Daytime Phone502-748-8266
E-MailSally.Schneider@pirate.park.edu
Semester DatesMay 30 - July 24, 2005
Class DaysMondays and Wednesdays
Class Time4:45 - 7:25 PM
PerquisitesCJ 312
Credit Hours3

Textbook:
Hails, Judy. "Criminal Evidence", 5th edition. Thomson Wadsworth, Belmont, CA., 94002, 2005.


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

Educational Philosophy:
The philosophy for this course is one of interactiveness based on lectures, instruction, group discussions and a field trip.  The instructor believes that students learn by active participation and working together as a team.  Teamwork along with mutual respect is conducive to learning and promotes a harmonious atmosphere where everyone counts.  The instructor will encourage students to express their opinions without fear or ridicule which initiates dialogues.  A good sense of humor is also encouraged.

Learning Outcomes:
1.  Define the term evidence.

2.  Explain the history and development of the rules of evidence.

3.  Identify what activities are included in the trial process.

4.  State how a police officer prepares a case for trial to include his/her's own appearance and demeanor phases.

5.  Explain what evidence is needed at each stage of the trial proceedings to include the sentencing and appeal phase.

6.  Explain the significance and evidentiary value of crime scene evidence.

7.  Explain the significance and evidentiary value of the criminal laboratory analysis of forensic evidence.

8.  Define the basic hearsay priniciples.

9.  Identify the basic rules for privileged communications.

10. Define the legal definition of search and seizure and how it relates to the fourth amendment.

11. Explain the evidentiary issues surrounding search/seizures procedures.

12. State the difference between field interviews, arrests, and booking.

13. Explain the scope of the privilege against self-incrimination and how it relates to the fifth amendment.

14. Explain the identification procedures utilized and the due process guarantees that apply to identification procedures.

15. Interpret the U.S. Supreme Court's decisions on major cases pertaining to the admissibility of evidence.

Course Assessment:
1.  Written Examinations:  Two (2) examinations will be given during the semester, with short essay questions.  The examinations will constitute as fifty percent (50%) of your final grade.  Students will be allowed the entire clas period to take the examinations.

2.  Term Paper:  One (1) written paper consisting of ten (10) pages, double-spaced will be required.  The paper will count as forty (40%) percent of your final grade.  The following guidelines will be used:

(a) YOUR PAPER MUST BE WRITTEN IN APA FORMAT.
(b) Subject must pertain to Criminal Evidence.
(c) Define your premise for your paper.
(d) List important facts, explain the main ideas, and   discuss the concepts or arguments the author used to support the ideas.
(e) Five references are required and one of them must be your text.
(f) Identify the references of your paper on a separate sheet of paper.
(g) Present the paper in class, eight (8) to ten (10) minutes.
(h) Your topic must be selected by the fourth class meeting, therefore allowing you adequate time to complete the paper.

Grading:
1.  Examinations - 50%
2.  Term Paper - 40%
3.  Attendance/Participation - 10%
4.  Total Percent - 100%
5.  Final Grade Criterion:

    100 - 90 = A
     89 - 80 = B
     79 - 70 = C
     69 - 60 = D
    Below 59 = F

Late Submission of Course Materials:
Make- Up Exam Policy: Please try not to miss exams and due dates of written assignments.  Make-up exams must be taken to later than one week after the original exam date.  Make-up exams must be coordinated with the instructor so arrangements can be made for you.  If no effort is made by you to make-up exam your score will result in a ZERO.  All written papers are due on their due dates.  If you will not be attending class on that date, you must leave the paper on its due date with personnel from Park University.  All late papers will receive a ten (10%) percent reduction for each day it is late.

Extra credit is only allowed with emergency situations and excused absences.

If you feel that you need extra help in understanding this course, please contact me so I can provide assistance.

Classroom Rules of Conduct:
Students are expected to conduct themselves in a professional manner.  Please be respectful of your instructor and classmates.  Students are expected to maintain the classroom and library in a neat, clean, and orderly fashion.  Since this class is the library at DMAFB, please obey all the library rules of conduct.  Library orientation will be provided to the students.

Course Topic/Dates/Assignments:
May 30:  Introduction, Review of Syllabus, and Library
        Orientation.
        Chapter 1:  "Introduction to the Laws of Evidence"

June 01: Chapter 2:  "The Court Process"
        Chapter 3:  "Types of Evidence"

June 06: Chapter 4:  "Direct and Circumstantial Evidence"
        Chapter 5:  "Witnesses"

June 08: Chapter 6:  "Crime Scene Evidence"

June 13: Chapter 7:  "Documentary Evidence"
        Chapter 8:  "Hearsay and its Exceptions"

June 15: Chapter 9:  "Privileged Communications"
                     REVIEW FOR EXAM ONE

June 20: EXAMINATION ONE (Chapters: 1, 2, 3, 4, 5, 6, 7,  
                                   8, and 9).

June 22: Chapter 10:  "Search and Seizure"

June 27: Chapter 11:  "Field Interviews, Arrests, and Jail
                      Searches"

June 29: Chapter 12:  "Plainview, Consent, and
                      Administrative Warrants"

July 04: Chapter 13:  "Electronic Surveillances and other
                      Searches"
        Chapter 14:  "Self-Incrimination"

July 06: Chapter 15:  "Identification Procedures"
        Chapter 16:  "Preparing the Case for Court"

July 11: Field Trip-Superior Court

July 13: Field Trip-Superior Court

July 18: TERM PAPER DUE-CLASS PRESENTATIONS
        REVIEW FOR EXAM TWO

July 20: EXAMINATION TWO (Chapters: 10, 11, 12, 13, 14,
                                   15, and 16).

Note:  In some incidents only significant portions of the chapters will be discussed.  Students will be adivsed accordingly.

Note:  Two of the scheduled dates are holidays and will most likely be rescheduled, students will be advised accordingly.

Note:  STUDENTS WILL BE ADVISED OF ANY CHANGES TO THE SYLLABUS.

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
"Academic honesty is required of all members of a learning community.  Hence, Park will not tolerate cheating or plagiarism on test, examinations, papers or other course assignments.  Students who engage in such dishonesty may be given failing grades or expelled from Park."  Your integrity should be your greatest attribute.

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
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 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
Attendance/Participation:  Due to the correlation of each proceeding class, your consistent attendance and participation is very important.  Attendance means being physically present for class.  Participation means completing course requirements in a timely manner along with participating in classroom discussions/projects.  Students are encouraged to ask questions and voice their opinions.  Your attendance/participation grade counts for ten percent (10%) of your final grade.  You will receive six point twenty-five percent (6.25%) for each class you attend and participate (16 x 6.25% = 100%).  Excused absences may be granted by the instructor by calling prior to class.  Being more than ten (10) minutes late without prior notification to the instructor or Park University staff will result in receiving less points for that class.

Special Circumstances:  Emergencies do exist which will be verified and will allow you not to be penalized.  These emergencies must be reported to the instructor or university personnel prior to class.  Events like deaths within the family, hospitalization, events at work beyond your control, and family members (spouse, children) involved with serious incidents/illnesses are considered emergencies.  If an emergency occurs within minutes or on the way to class (accidents being a victim of a crime, etc.) notification may be done the following day to the instructor or to university personnel.  If contacting university personnel, please provide them a number where I can contact you and we can discuss the matter.

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