CJ313 The Law of Evidence

for F2T 2007

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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.


CJ 313 The Law of Evidence


F2T 2007 DLA


Chave, Reid W.


Senior Instructor


B.A., Ed.M., M.A.

Office Location

Mt. Pleasant, SC

Office Hours

Daily, 8 - 10AM, and 11PM, Eastern Standard Time, each class week (8 weeks)

Daytime Phone

(843) 856-9160

Other Phone

FAX:  (775) 908-8810




Web Page


Semester Dates

October 22 - December 16, 2007

Class Days

Monday though Sunday, each class week (8 weeks)

Class Time

By e-mail, FAX, and online as required.



Credit Hours



Criminal Evidence; 5th Edition, by Judy Hails; Thomas Wadsworth Publishers; ISBN:   0-495-00138-4 (2005)

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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FAQ's for Online Students - You might find the answer to your questions here.

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:
My educational philosophy is that learning is a lifelong journey. Everyone putting forth the effort will learn something every day, and keeping an open mind will facilitate the learning experience. A wise man once said, “Everyone has a right to their own opinion, but no one has a right to be wrong in relation to the facts.” Education, at least in part, is a learning process in fact-finding.

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. 1.  Distinguish between circumstantial and direct evidence.
  2. 2.  Explain evidentiary procedures at trial.
  3. 3.  Explain Fifth Amendment warnings against self-incrimination (Miranda Warning).
  4. 4.  Explain the exclusionary rule as it pertains to evidence seizure.
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:
Assessment in the course will be measured by the student’s successful completion of weekly online question responses and weekly feedback to other student entries in discussion; mid-term and final examinations; weekly written assignments for each class week; and course participation. Each week, an online assignment is required and is worth a maximum of 30 points. Written assignments during each of the eight course weeks are due in the dropbox by Sunday of each class week, and are based on the following criteria: Was the assignment correctly completed? Was the assignment completed on time? Each week’s participation is worth 50 points (30 points for responses to the instructor’s questions, and 20 points for engaging in online classroom discussion by responding to classmates’ postings. Participation will be graded based on the following criteria: Did the student respond to the instructor’s questions? Did the student respond to the posts of classmates? Did the student respond on time? Did the student demonstrate knowledge of the subject matter covered in the questions? As a means of review, an open-book mid-term examination will be given during Week 4, which will be worth 60 course points. Answers are submitted to the instructor by e-mail and not online in the course.

Grading Criteria: Students are expected to participate and complete all assignments during the eight weeks in which they are assigned. The due-date for all assignments is midnight, Mountain Standard Time (MST) on Sunday of each course week unless a different date is specified by the instructor. The components of the course and their respective worth are as follows: Weekly Online Question Entries: 30 points each week; 240 points total Weekly Online Student Feedback: 20 points each week; 160 points total Mid-term Examination: 60 points Weekly Written Assignments (Dropbox): 30 points each week; 240 points total Final Examination with an Approved Proctor (Week 8): 300 points Total Course Points: 1,000 Course Letter Grade: A = 90 – 100% (900 points or higher) B = 80 – 89% (800 – 899 points) C = 70 – 79% (700 – 799 points) D = 60 – 69% (600 – 699 points) F = <60% (599 or fewer points) Failure to complete the final examination will result in a grade of F in spite of any other completed assignments in the course.

Late Submission of Course Materials:
If a student is unable to complete an assignment on time for a valid reason (e.g., military deployment, work-related requirements), contact the instructor by e-mail, FAX, or phone so that a determination can be made on assignment completion. Incomplete grades are not submitted at the conclusion of the course based on missing or incomplete assignments unless there is a request from the student and a Contract for Incomplete Grade is prepared clearly outlining assignment completion and reasons for the incomplete.

Classroom Rules of Conduct:

Course-Specific Policies

Participation: A course week begins on Monday and ends on Sunday. Students are expected to monitor and be active in the course throughout the course week. The E-College course design online provides for the recording of the cumulative dates and time actually spent in online activity by both students and the instructor—whether it be one minute or one hundred. Because learning is more effective when developed over time, full participation points can best be achieved by spreading your online activity throughout the week. It is recognized that many have duties and obligations that may interfere with such full participation such as military deployments. Each student should contact me immediately when participation problems are anticipated or encountered. Discussion participation points are based on initial responses to weekly assignment questions, and responses to classmate entries, which contributes to class discussion.

Assignments: Inasmuch as the E-College operates on Mountain Standard Time (MST), assignment responses must be posted online in the course by submitting assignments where directed (e.g., online discussion link, e-mail, or the dropbox). I will grade assignments with percentage points (not a letter grade), and enter the results (score and comments where appropriate) through the dropbox and the gradebook.

Grade Points: All points for participation, assignments, exams, and other assignments will be periodically posted either in the online gradebook or by individual e-mail. You can track how you are doing in the course by keeping count of the points you accumulate as the course progresses. Note that I do not indicate letter grades during the course as that letter grade can go up or down depending on when assignments are completed. Earning an A in the course will be dependent upon completing all assignments, maintaining weekly attendance and course participation, and finally, your final examination to be completed during Week 8.

E-mail Procedures: When sending messages and assignments by e-mail, you must use an e-mail address that I recognize is yours. I do not open e-mails from unrecognized senders or with blank subject lines. If you send me an e-mail from other than your Park.Pirate.Mail address, be sure to use your course number as part of the subject line. Keep me advised of your correct e-mail address or any changes in e-mail addresses that occur during the course. I will generally respond to your properly identified messages within 48 hours taking into account that I operate in the Eastern Standard Time (EST) zone.

Course Topic/Dates/Assignments:

This course is presented in eight class-weeks from October 22 – December 16, 2007. Specific weekly assignments and due-dates are presented online in the course with links under the specific week where assignments are made.  Specific instructions, assignment discussion questions, written assignments,  and other informational links are provided, which include online responses to two discussion topics and one written assignment in the course dropbox each class week.

Week 1: Chapter 1 (October 22 - 28, 2007)

·        Course introduction and requirements.

·        Overview of evidence, its history, and the rules of evidence.

Week 2: Chapters 2 and 3 (October 29 – November 4, 2007)

·        The court process.

·        Types of evidence (relevant; direct; circumstantial; testimonial)

Week 3: Chapters 4 and 5 (November 5 - 11, 2007)

·        Direct and circumstantial evidence.

·        Witnesses and witness testimony.

Week 4: Chapters 6 and 7 (November 12 – 18,  2007)

·        Types of crime scene evidence.

·        Documentary evidence.

·        Mid-term examination (Chapters 1 – 7)

Week 5: Chapters 8 and 9 (November 19 - 25, 2007)

·        Hearsay evidence and its exceptions.

·        Privileged communications.

·        Final Examination Proctor Form. (Due by November 23, 2007)

Week 6: Chapters 10 and 11 (November 26 – December 2, 2007)

·        History and development of the Fourth Amendment

·        Warrant requirements; exclusionary rule.

·        Field interviews, arrests, and jail searches.

Week 7: Chapters 12 and 13 (December 3 - 9, 2007)

·        Plain view, open field, and vehicle searches.

·        Electronic surveillance and other searches.

Week 8: Chapters 14 and 14 (December 10 - 16, 2007)

·        Self incrimination.

·        Identification procedures.

·        Complete final examination with an approved proctor.

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 2007-2008 Undergraduate Catalog Page 85-86

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 2007-2008 Undergraduate Catalog Page 85

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.
  3. Work missed through unexcused absences must also be made up within the semester/term of enrollment, but unexcused absences may carry further penalties.
  4. 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 "F".
  5. A "Contract for Incomplete" will not be issued to a student who has unexcused or excessive absences recorded for a course.
  6. 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.
  7. 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.
ONLINE NOTE: An attendance report of "P" (present) will be recorded for students who have logged in to the Online classroom at least once during each week of the term. Recording of attendance is not equivalent to participation. Participation grades will be assigned by each instructor according to the criteria in the Grading Policy section of the syllabus.

Park University 2007-2008 Undergraduate Catalog Page 87-88

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 .


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 


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Last Updated:10/18/2007 3:46:30 PM