CJ400 Constitutional Law in Crim Just

for U1E 2011

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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 400 Constitutional Law in Crim Just


U1E 2011 PE


Caruana, Mark


Attorney at Law, Adjunct Faculty (Law, Criminal Justice)


J. D. University of San Diego

Office Location

2725 Jefferson st, Suite 11, Carlsbad, Ca 92008

Office Hours

by appointment (telephonic or in person)

Daytime Phone

760-434-4747 (office) 760-434-9183 (fax)

Other Phone

760-458-0422 (cell)




Semester Dates

June 6th through July 31, 2011

Class Days


Class Time

4:45 - 10:10 PM

Credit Hours



Criminal Procedure for the Criminal Justice Professional, 10th edition. Ferdico, Fratell and Totten
Wadsworth Publishers, 2009
ISBN: 0-495-09547-8

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.
Career Counseling - The Career Development Center (CDC) provides services for all stages of career development.  The mission of the CDC is to provide the career planning tools to ensure a lifetime of career success.
Park Helpdesk - If you have forgotten your OPEN ID or Password, or need assistance with your PirateMail account, please email helpdesk@park.edu or call 800-927-3024
Resources for Current Students - A great place to look for all kinds of information http://www.park.edu/Current/.

Course Description:
CJ400 Constitutional Law in Criminal Justice: This advanced course is an in-depth study of the US Constitution as it applies to law enforcement, the courts, and corrections, including an examination of recent decisions by the U.S. Supreme Court. Prerequisites: Junior standing. 3:0:3

Educational Philosophy:

Welcome to a terrific class. This, in my opinion, is the crown jewel for anyone in college. We get to take a tour of the history and creation and subsequent interpretation of the United States Constitution. I am honored to have you as students. Please keep that in mind, as I truly believe that I work for you. This class is a wonderful survey from two different perspectives. Although the focus will be on law, the course will be taught with an emphasis on history and political science. We will start with a great deal of history. Once we have looked at and studied the events, so to speak, then we will look at the political issues which have existed and continue to exist with respect to the application and the interpretation of the Constitution.
Many of you will have strong opinions about the function of the court or the current events which we will study. I like a lively classroom. However, I am also sure that each of you knows how important it is to accept the opinions or debate the opinions of fellow students in a professional and academic way. Keep an open mind and I'm sure we will have a good time in the class.
I have seen many students over the last 30 years. It seems to me that the sign of a well educated person is the ability to communicate. This applies to both written and verbal communication. Hence, there will be an emphasis on writing skills in this class.

Learning Outcomes:
  Core Learning Outcomes

  1. Evaluate the American criminal justice system, law enforcement, and criminal law, using the U.S. Constitution.
  2. Analyze recent constitutional issues, based on the right to privacy and the Exclusionary Rule, including electronic surveillance.
  3. Demonstrate high quality written and oral communication skills, gathering, evaluating, and communicating information effectively.

  Instructor Learning Outcomes
  1. 1. Appreciate the balancing of issues and rights which takes place in virtually every case before the United States Supreme Court
  2. 2. Contrast the differences betwen originalist interpretation and living breathing document interpretation
  3. 3. Explain judicial review and its foundations from Marbury v Madison
Core Assessment:

For CJ400, you must conduct research on a constitutional issue approved by your instructor and write a paper analyzing what you find, using U.S. Constitutional provisions, statutes, and court cases to support how you would solve the constitutional issue, and discussing social policy implications of your solution to the issue. 

The purposes in conducting this research and writing this paper are to improve your ability to synthesize, analyze, and evaluate information carefully and objectively, using the U.S. Constitution, statutes, and U.S. Supreme Court cases; use this information to propose a solution to a constitutional issue; discuss social policy implications of your solution; and present your ideas in clear written form directed to a specific audience, in this case, your class. 

To complete this research paper, you should: 

  1. Select a current constitutional issue and have it approved by your instructor.
  2. Research the provision(s) of the United States Constitution that are at the heart of the issue.
  3. Research any federal or state statutes that impact this issue.
  4. Research previous decisions of the United States Supreme Court that impact this issue.
  5. Search for any pending case(s) before the U.S. Supreme Court that may involve this issue.
  6. Based on your research, determine what should be the solution of this constitutional issue.
  7. Consider social policy implications of your solution.
  8. Write a paper explaining the issue, your proposed outcome, the social policy implications of your solution, and the research that supports your outcome. 

Your paper must include:

  1. A cover page
  2. Introduction
  3. Clear statement of the constitutional issue
  4. Discussion of your research
  5. Clear statement of your proposed solution, with supporting argument
  6. Discussion of social policy implications of your solution
  7. Reference page, using APA style 

The text of this paper should be at least 3,750 words or fifteen computer-generated/typewritten double-spaced pages long. You must demonstrate that you understand the terminology and the concepts used in constitutional law, and how constitutional provisions, statutes, and case decisions are interrelated.   You must demonstrate that you can synthesize, analyze, and evaluate information. You must use correct APA format in source citations in both the body of the paper and in the reference page. 

You will present your paper in class during the last week of class. If you are taking this course online, you will answer questions from your classmates about your paper in a discussion thread created for this purpose. 

Link to Class Rubric

Class Assessment:

One of the primary keys in doing well in this type of a class is the desire and attitude of the student.  I am privileged to have students who are working and have decided to enhance their lives and/or careers by going to school.  Not only have you decided to go to school but each of you has decided to take a class on the constitution which indicates to me that I have motivated students who are extremely interested in the subject.

Getting down to the elements, let's discuss a few things that you will need to know.  First of all, you will need some basic computer literacy.  I expect that you will have access to a personal computer or the school's computers.  You will need to have access to the Internet to do some research and you may even want to use it to contact me.

Reading assignments will be given on a weekly basis.  As you can see by looking on the online e companion site, I have posted the expected course content per night.  Keep in mind that these reading assignments are designed to enhance your ability to communicate in class each Monday.  I expect that you will have done the reading and be prepared to discuss the issues in the text as well as other issues that come up in class. 

Class Participation:

Basically there will be 5 classes where I will rate participation.  I am assuming that in the first class that there will be questions and discussions but given the fact that you will all be new to this class, there will be no grade for participation that night.  However, in classes 2, 3, 5, 6 and 7, there will be class participation grades.  Classes 4 and 8 will be examination nights and therefore there will be no opportunity for class participation as compared to the other 5.  In essence, class participation will be 25% of your grade for the nights that we discussed.  Keep in mind that simply showing up to class is not enough to get a class participation grade.  You need to participate.  I know how talented my students are.  I understand that each of you comes to class with a fresh idea or thought about a subject.  We will be looking at issues like civil commitments which will be posted by courts after the criminal confinement is concluded.  Each of you will have ideas about whether or not this is a good idea or a bad idea or if it is constitutional and why.  I would like to hear those ideas.  In addition to me hearing your ideas, it is critical that you understand that we are blessed to have a class made of different personalities and multiple cultures.  The opportunity for people of different races, ages and genders to meet together does not come along very often.  Therefore, it will be imperative for each of us to learn how other people think about similar issues.  So, in essence, you need to attend and you need to participate. 

Research Core Paper:

This is a class that requires that you conduct research on a constitutional issue approved by me.  You will need to have your idea and subject matter approved by me by week 2.  If you are stuck for an idea, I can certainly direct you to one, however, I want each of you to pick a subject matter that fascinates you and to dig into it.  This will be a research paper on any particular subject, however, it is imperative that you understand that I need to approve it first.  I want certain issues looked at, analyzed and explored as opposed to general papers about general topics.  For example, a paper that talks about whether or not a defendant's due process rights have been compromised by virtue of a ruling on the admissibility of hearsay evidence of a co-conspirator is one acceptable topic for a paper.  A research paper topic of how you spent your summer vacation studying criminal law, is not an acceptable topic.

This paper will be 25% of your grade so, let's make a point of doing a wonderful paper and let's get ahead of the paper because it is due by week 6 and those weeks will go by very quickly.  If you have any doubts, please see the Core Assessment section above.

Mid-term Exam:

Your mid-term exam will be worth 1/4 of your final grade.  It will be a series of fact patterns and you will apply law to those fact patterns.  I will teach you various methods by which you will analyze the law and apply it to facts.  These will be essay style exams.

Final Exam:

This will be much like the mid-term exam.  It will be worth 25% of your grade and it will be proctored.  The exam will have essays and will test you on your ability to apply all of the law that we have looked at over the semester and apply it to the facts.


Class Participation          25%

Research Paper              25%

Mid-Term Exam             25%

Final Exam                     25%

TOTAL                        100%

You will get 25 points for Class Participation, 25 points for for the mid-term, final and paper as well.  Therefore, I will be basing your grades on a 100 point scale.  Therefore, your grading scale will be as follows:

A = 90-100

B = 80-89

C = 70-79

D = 60-69

F = 0-59

Late Submission of Course Materials:

Let's make this simple.  Be on time.  Now, I understand and respect that many of you are active duty military.  If something comes up that is unavoidable, I am willing to listen and discuss matters with you.  Unavoidable does not include things like but not limited to, a baseball game that went into extra innings.  However, unavoidable does mean some sort of emergency or deployment.  Having said that, papers are due when they are due.  If you are late on the paper then I will have to deduct 10% out of respect and fairness to the other students in the class.  This will be 10% deduction per day late.

Classroom Rules of Conduct:

Ladies and Gentlemen, this should go without saying but let me say it for the record.  Respect is more important than anything else.  If an opinion is expressed that seems to differ from yours, accept it as another person's opinion and respect it.  You need not accept it as your opinion, however, respect the fact that people have different ideas

Course Topic/Dates/Assignments:






1, 2, 3

American History/Constitutional Development



3, 4   

Constitutional Interpretation, Court System, Arrests

Paper Topic Chosen


5, 6

Warrants, Searches         







8, 9, 10 

Warrants, Searches, Exceptions   



11, 12

Term Paper Due


13, 14

Evidence, Admissions, Trials


Final Exam

Final Exam

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 students and faculty members are encouraged to take advantage of the University resources available for learning about academic honesty (www.park.edu/current or http://www.park.edu/faculty/).from Park University 2010-2011 Undergraduate Catalog Page 92

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. from Park University 2010-2011 Undergraduate Catalog Page 92-93

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 "F".
  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 2010-2011 Undergraduate Catalog Page 95-96

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:




We will discuss this in class.


CompetencyExceeds Expectation (3)Meets Expectation (2)Does Not Meet Expectation (1)No Evidence (0)
Appraises the sources into congruous and thoughtful conclusions - thoughtful implies some original thinking Appraises the sources into congruous conclusions Appraises the sources into conclusions Evaluation is not present in artifact 
Combines constitutional provisions, statutes, and cases (more than 5) into a consistent whole Combines constitutional provisions, statutes, and cases (3 to 5) into a consistent whole Combines two of the three types of sources into a consistent whole Fails to combine at least two of the three types of sources into a consistent whole 
Analyzes key elements using more than 5 sources Analyzes key elements using 3 to 5 sources Analyzes key elements using fewer than 3 sources Analysis is not present in artifact 
The artifact shows multiple instances and exceptional understanding  of terminology and concepts throughout 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 appropriate to the profession 
Content of Communication                                                                                                                                                                                                                                   
Each section contains sufficient information that make the artifact a model for other students or publishable Each section contains sufficient information that make the artifact easily readable and understandable The artifact is readable and understandable but it is  sometimes difficult to transition from one section to another The relationship is hard to understand.  The artifact is difficult to read. 
Technical Skill in Communicating                                                                                                                                                                                                                           
The artifact contains fewer than 5 errors in the APA writing convention and in the paper presentation (spelling, grammar, etc.) The artifact contains 5 to 10 errors in the APA writing convention and in the paper presentation (spelling, grammar, etc.) The artifact contains more than 10 errors in the APA writing convention and in the paper presentation (spelling, grammar, etc.) The artifact contains so many errors in the APA writing convention or in the paper presentation that it is difficult to read 
Disciplinary Competency                                                                                                                                                                                                                                    
analyzes previous laws and cases to decide the current constitutional issue in criminal justice and future implications of the resolution of this issue analyzes previous laws or cases (but not both) to decide the current constitutional issue in criminal justice and future implications of the resolution of this issue analyzes previous laws or cases (but not both) to decide the current constitutional issue in criminal justice, but fails to discuss future implications of the resolution of this issue shows no relationship between past issues and today's world 
Disciplinary Competency                                                                                                                                                                                                                                    
clearly discusses social policy implications of the proposed solution to the constitutional issue discusses social policy implications of the proposed solution to the constitutional issue mentions social policy no discussion of social policy 
Disciplinary Competency                                                                                                                                                                                                                                    
see effective communication sections above see effective communication sections above see effective communication sections above see effective communication sections above 


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Last Updated:5/16/2011 11:39:13 PM