CJ400 Constitutional Law in Crim Just

for S1Q 2005

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COURSE TITLE: Constitutional Law
INSTRUCTOR: William J. Long, Jr.
PHONE NUMBERS: 633-4713 work
632-8279 home
631-8666 cell
E-mail: blong@laramiecounty.com
TERM DATES: 10 Jan 2005-13 Mar 2005


Criminal procedure can be described as the methods and rules by which society balances the conflicting governmental functions of maintaining law and order and protecting the rights of citizens. This course is designed to introduce the student to basic individual rights under the United States Constitution and to show how certain of these rights come into conflict with the maintenance of public order and the enforcement of the criminal laws of the United States and each individual state. The course gives an overview of the criminal court system, the arena in which this conflict is resolved and in which much of the law of criminal procedure is formulate. Then, after presenting the basic underlying concepts of the exclusionary rule, privacy, probable cause, and reasonableness, the main body of the course deals with rights guaranteed by the Fourth, Fifth, and Sixth Amendments and how those right affect the prevention, detection, investigation, and prosecution of crime. The main focus is on the law of arrest, search and seizure, confessions, and pretrial identifications.

1. Course Description: An examination of the constitutional aspects of law enforcement, with emphasis on the law of arrest, search and seizure, self incrimination, the right to counsel, and right regarding electronic surveillance.

2. Course Goals: To provide an overview and understanding of the legal process of law enforcement activities. The course will encompass the various characteristics of the criminal process as it has evolved in the United States and how law enforcement works with these characteristics.

3. Learning Objectives: Upon completion of this course, the student should be able to:
a. Discuss generally the nature and extent of individual rights guaranteed by the Constitution and discuss in depth those rights in the Fourth, Fifth, and Sixth Amendments that constitute the heart of the law of criminal procedure.
b. Discuss generally the structure of the court system of the United States and that of the student’s particular state, and trace the progress of a criminal case through the court system from the initial complaint through appeal and post-conviction remedies.
c. Apply the law of arrest, search and seizure, confessions, and pretrial identification, to particular fact situations, in each case:
i. Identifying the individual right in issue and how it comes into conflict with a law enforcement function.
ii. Analyzing the fact situation and identifying the specific issue presented.
iii. Presenting arguments for he position of both the prosecution and defense, citing cases where applicable.
iv. Resolving the issue as a court, lawyer, or law enforcement officer would, including a well-reasoned opinion, again citing cases where applicable.

4. Course Requirements: The student is expected to be in class on time and to be prepared to participate in class discussions. The instructor will give the reading assignments in advance so the student can read the expected material and be able to coherently discuss the material. Students will be given weekly assignments that will correspond with the next week’s reading assignment. The student is expected to complete the assignment and be prepared to discuss it at the next class meeting. Positive class participation is imperative to the final grade. The course will also consist of two examinations.

5. Course Text: John N. Ferdico, J.D., Criminal Procedure for the Criminal Justice Professional, (Ninth Edition) Wadsworth Publishing

6. Supplemental Resource Materials: Additional resources may consist of Internet resources as well as materials available at the local law library.

7. Class Meeting and Exam Schedule: The class will meet every Tuesday from 5:00pm to 10:00pm. If I need to reschedule the class at a time that is convenient for the students to attend. Please see the attached schedule for a list of the class topics, reading assignments, and scheduled exams.

8. Class Policies:

a. Class Attendance – Students are expected to attend all classes during the term. However, students may be excused from class for legitimate reasons (e.g. illness, death in the family, work assignments, temporary duty, etc.) However, the student is still responsible for the material covered in class. If you need to miss a class, please notify me as soon as possible so we can make other arrangements for the material covered in class. If the student has two consecutive unexcused absences, the result will be an administrative withdrawal and an automatic failing grade for the course.
b. Examination Absence – If you need to miss an examination, you must contact me before the scheduled date for the exam or by the end of the first working day after the scheduled date to request permission to take a make up exam.
c. Academic Honesty – Academic honesty is required of all members of the learning community. Neither the University nor I will tolerate cheating or plagiarism on examinations or course assignments. Park University policies are effect.
d. Grading Policy – Your final course grade will based on the following grading scale:
a. 90-100
b. 80-89
c. 70-79
d. 60-69
e. 0-59
The following is a breakdown of the graded requirements of this course:

Class participation 30%
Exam I 35%
Exam II 35%
Extra Credit Option – Maximum 25 points

(Students to request via proposal to instructor and will be discussed at the first class meeting. Possible option examples would be presentation of a recent case decision impacting criminal investigation or submission of videos related to criminal procedure.)

Class participation includes the weekly assignments. These assignments will not be specifically graded, but must be completed in advance in order to facilitate appropriate class discussions and participation. If you do not complete the weekly assignments, it will be reflected in your class participation grade.

Examinations will be based on the material presented in class and in the assigned readings; this includes materials covered in weekly assignments. Exams may consist of multiple choice, true/false, and fill-in the blank questions as well as short essay questions. Each exam will only cover the materials covered to the date of the exam. The final will not be comprehensive, except that it may draw upon knowledge covered in the first half of the course.

Tentative Class Schedule: This is subject to change as needed.

WEEK 1: CHAPTER 1, Individual Rights Under the United States Constitution

CHAPTER 2, An Overview of the Criminal Court System and Trial Procedures

WEEK 2: CHAPTER 3, Basic Underlying Concepts – Exclusionary Rule
CHAPTER 4, Liability

WEEK 3: CHAPTER 5, Arrest
CHAPTER 6, Search Warrants

WEEK 4: CHAPTER 7, Stop and Frisk


WEEK 5: CHAPTER 8, Consent Searches
CHAPTER 9, Search Incident to Arrest

WEEK 6: CHAPTER 10, Plain View Doctrine
CHAPTER 11, Vehicle Searches

WEEK 7: CHAPTER 12, Open Fields and Abandoned Property
CHAPTER 13, Admissions and Confessions

WEEK 8: CHAPTER 13, Continued
TEST II/Extra Credit Due