Instructor Biography s7

SYLLABUS FOR CJSA 1313 Court Systems and Practices Europe Distance Learning (On-line Course) Semester Hours Credit: 3 Lecture Hours: 48 Location: On-Line Course Dates/Times: 5 Feb. 2018– 1 Apr. 2018 Instructor: Prof. William C. Henderson II Instructor’s Location: Naples, Italy Skype Name: dejudge Weekly Skype Office Hours: Mondays & Wednesdays 16:00-18:00 Instructor Email: [email protected] Phone: +39 340 667 2275

INSTRUCTOR BIOGRAPHY: Professor William C. Henderson II holds the following degrees: Master of Laws in Law, Psychiatry, and Criminology (Highest Honors), Juris Doctor, and Bachelor of Science in Business Administration. A retired Navy Lawyer, who served his last active duty tour as the Chief Military Judge for Europe and the Middle East, he has extensive experience in both civilian and military criminal law and International law. As Commanding Officer of the Naval Legal Service Office in Guam (Marianas Islands – Western Pacific), he managed a large office of lawyers and paralegals, which served the legal needs of the U.S. Navy in the Western Pacific and Northern Australia. After retirement from the Navy, at Vinson and Elkins, one of the largest law firms in the United States, he was a litigation attorney and acted as the chief counselor to the younger and less experienced attorneys and paralegals. His international law skills were further honed during this time as he was one of the principal lawyers defending the owners of the Piper Alfa oil platform that had been destroyed by explosion which, at the time, resulted in the largest claim ever presented to Lloyd's of London. Prof. Henderson has been teaching both at the graduate and undergraduate levels for 24 years. He is married to Connie Henderson and has 2 children. His hobbies are music (he is a jazz singer and guitarist), sailing, and sports cars.

I. INTRODUCTION

A. This course provides an examination of the role of the judiciary in the criminal justice system. It includes the structure of the American court system, prosecution, right to counsel, pre-trial release, grand juries, adjudication process, types and rules of evidence, and sentencing.

B. This course is a required course for the Associate in Applied Science degree.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 1 of 14 C. This course is occupationally related and serves in preparation for career(s) in Criminal Justice, Law Enforcement, and Corrections.

D. Prerequisite(s): (None)

E. Alphanumeric coding used throughout the syllabus denotes the integration of SCANS occupational competencies (C) and Foundation skills (F).

II. LEARNING OUTCOMES Upon successful completion of this course, Court Systems and Practices, the student will:

A. Discuss the nature and extent of individual rights guaranteed by the Constitution and th th th discuss in depth those rights in the 4 , 5 , & 6 Amendments that constitute the heart of the law of criminal procedure.

B. Describe the American judiciary system and its structure.

C. Identify the roles of judicial officers and the trial processes from pretrial to sentencing and interpret the role of evidence.

D. Apply the law of arrest, search and seizure, confessions, and pretrial identification, to particular fact situations, in each case.

III. INSTRUCTIONAL MATERIALS A. The instructional materials identified for this course are viewable through http://www.ctcd.edu/academics/booksinstructional-materials/. Student Textbook: Criminal Procedure for the Criminal Justice Professional - Custom

A. References: 1. Neubauer, David, America's Courts and The Criminal Justice System, 10th Ed, Belmont, CA: Wadsworth Publishing, 2008. 1.2. Scheb, John M., John M. Scheb II, An Introduction to the American Legal System, 3rdEd. Albany, NY: Aspen Publishing, 2012. 1.3. Smith, Christopher E, Courts, Politics, and the Judicial Process, 2nd Ed, Chicago, Il: Nelson-Hall Inc., 2002.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 2 of 14 4. Zalman, Marvin, Criminal Procedure: Constitution and Society, 4th Ed, Upper Saddle River, NJ: Prentice Hall, 2005. 5. Carmen, Rolando V. Del., Criminal Procedure: Law and Practice, 4th Ed, Belmont, CA: Wadsworth Publishing, 2001. 6. Samaha, Joel, Criminal Procedure, 7th Ed, Belmont, Ca: Wadsworth Publishing, 2007.

IV. COURSE REQUIREMENTS A. Your first responsibility is scholarship. The grade you receive for this course will not be the grade of the instructor, but rather the grade you and you alone make.

B. You should attend online class regularly on Central Texas College (CTC) Blackboard. Online attendance involves logging into your Blackboard class and participating in discussions, submitting assignments, etc. Be prepared to also take any unannounced quizzes relating to text assignments and lecture material presented from the beginning of the course. Please refer to ‘Class Attendance and Course Progress’ under the Academic Policies section in our current CTC Course Catalog.

C. You are encouraged to give your best effort throughout the semester. From the beginning, you should plan for a steady, organized, and continuous effort, which in the long run will prove more effective for your final grade than a last minute crash-cram policy. Your course grade is not determined solely by exam grade. Such factors as class participation, initiative, attendance, and individual research papers will be considered in grade computation.

D. From time to time, special library and/or outside assignments will be made to members of the class individually and/or in groups. You are expected to read all assignments and fulfill your responsibilities to any group assignment.

E. You are expected to read all assigned material and bring your textbook to class. Keep informed on all assignments, especially after an absence.

F. Good class notes are indispensable for earning a good grade, since both the material assigned and that discussed in class will be the basis for examination material.

G. Scholastic Honesty: All students are required and expected to maintain the highest standards of scholastic honesty in the preparation of all coursework and during examinations. The following are considered examples of scholastic dishonesty: Plagiarism: The taking of passages from the writing of others without giving proper credit to the sources. Collusion: Using another’s work as one’s own, or working together with another person in the preparation of work, unless such joint preparation is specifically approved in advance by the instructor.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 3 of 14 Cheating: Giving or receiving information on examinations. Students guilty of scholastic dishonesty will be administratively dropped from the course with a grade of “F” and be subject to disciplinary action, which may include suspension and expulsion. H. Special Work: A term paper or other project, per requirements of the instructor, will be required. The subject must be appropriate for the course material. Check with the instructor when you have made a selection. The value is indicated in the semester grade computation and has considerable weight on your final average.

V. COURSE FORMAT –EUR-DL (On-Line with Blackboard) This course has been developed as an on-line course. The course will be interactive through Blackboard assignments and responses. It is the student’s responsibility to make sure that they have access to CTC Blackboard and that they are familiar with the contents and assignments. It is also the student’s responsibility to log into CTC Blackboard at least once a week to ‘attend’ the online class and to participate in the online Blackboard discussions and assignments. Failure to do so will violate the attendance policy and will have a negative impact on the course grade. In addition, instructional strategies will include weekly CTC Blackboard assignments and discussion boards to accomplish the remaining instruction per week.

VI. EXAMINATIONS A. There will be a minimum of two major examinations and a written paper or project as follows: 1. Mid-term exam on 5 March 2018 2. Final Exam on 26 March 2018 3. Term Paper due on 19 March. 2018 B. A student must be present (on-line) for all examinations. Students who know in advance that they will be absent from an examination due to valid reasons must arrange to take an early examination. Unexpected absences due to illness or extenuating circumstances will require the student to contact the instructor about individual make-up work. C. Students without excused absences will be given a zero for the missed examination. D. Examinations will consist of both objective (true/false, multiple choice, fill in-the- blank, and matching) and subjective (short answer and essay) questions. Students must be able to communicate both orally and in written form, thus some questions requiring the composition and writing of an essay answer will be required.

VII. SEMESTER GRADE COMPUTATIONS The final grade in this course will be based on the following:

Participation 150points CJSA 1313 11th Ed. (08.14) 218B9286 Page 4 of 14 Discussion Boards 150 points Term Paper/ 150points Mid-term Exam 250points Final Exam 300points Total possible points: 1000 points

POINTS GRADES 900-1000 A=4 pts/sem hr 800-899 B=3 pts/sem hr 700-799 C=2 pts/sem hr 600-699 D=1 pt/sem hr 0-599 F=0 pts/sem hr

VIII. NOTES AND ADDITIONAL INSTRUCTIONS FROM COURSE INSTRUCTOR A. Tuition refunds are made only in the case of class cancellation or official and timely withdrawal from CTC or from a course. Please refer to the current course catalog for more details.

B. GoArmyEd students should contact their education counselor before withdrawing and are required to withdraw through the GoArmyEd portal. Please note: a military withdrawal does not override CTC’s grading policy. 1 For self-pay students, refunds are computed from the date the Application for 1.1 Withdrawal or Refund is filed with the CTC Site Coordinator or designated student Services Officer. Special conditions apply to students who receive federal, state, and/or institutional financial aid. Tuition and fees paid directly to the Institution by the Veterans Administration, Title IV (Financial Aid Programs, a sponsor, donor, or scholarship shall be refunded to the source rather than directly to the students.

C. Course Withdrawals, Student Responsibilities: It is the student’s responsibility to officially withdraw from a course. The instructor cannot initiate a withdrawal based upon a student’s request. Rather, students must initiate the withdrawal with the designated Education Center Representative, through the CTC Site Coordinator or designated counselor.

D. Faculty/Administrative Initiated Withdrawals

Faculty are authorized to withdraw students who are not making satisfactory course progress as outlined in the section of the Catalog entitled "Satisfactory Progress Standards”.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 5 of 14 A student may be administratively withdrawn by a designated member of the administrative staff of the College under the following conditions:  The student has been placed on Academic Suspension or Disciplinary Suspension;  The student has an outstanding financial obligation owed to the college;  The student registered for a course without the required prerequisite or departmental permission;  Students who do not participate or complete graded activities during the first week will be administratively withdrawn. The college is under no obligation to refund tuition and fees, or other costs associated with a student who is administratively withdrawn. E. Incomplete / Course in Progress Grade Policy: An “IP” or “Incomplete” grade may be assigned by an instructor if a student has made satisfactory progress in a course with the exception of a major quiz, final exam, or other project. The “IP” grade may also be assigned based on circumstances beyond a student’s control, such as personal illness, death in the immediate family, or military orders. Notice of absences, with supporting documentation, may be required by the instructor. The instructor makes the final decision concerning the granting of the incomplete grade. With an “Incomplete” grade, students are required to complete a set amount of work before the instructor will submit an official letter grade.

F. Cellular phones, beepers, and other electronic devices will be turned off while the student is in the classroom or laboratory unless the student is using the device for class purposes. No texting or social networking is allowed during class.

G. Instructor Discretion : The instructor reserves the right of final decision in course requirements.

H. Civility: Individuals are expected to be cognizant of what a constructive educational experience is and respectful of those participating in a learning environment. Failure to do so can result in disciplinary action up to and including expulsion.

IX. COURSE OUTLINE Note: The instructor has the right to change the course schedule. Any changes will be announced on-line.

EUR-DL courses are designed with assignments and interaction via CTC Blackboard. It is the student’s responsibility to make sure that they have access to internet so that they may communicate, via CTC Blackboard, with the instructor. The class is broken down into 8 sessions. See below for course outline.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 6 of 14 Topics covered in this course during the semester will come from chapters of the appropriate text. The order and the specific topics covered will be at the discretion of the individual instructor assigned to teach the course. Session 1: 5 Feb 2018 (Chapters 1, 2) i. Class will start on-line on Monday, 5 Feb. ii. Online assignment/project is due Saturday midnight (European time)

A. Unit One: Course Introduction and Chapter 1, Individual Rights Under the United States Constitution

1. Learning Objectives: Upon successful completion of this unit, the student will: a. Understand the historical context that gave birth to the concern for the individual rights embodied in the United States Constitution. b. Explain how the legislative, judicial, and executive branches of government are involved in the protection of the constitutional rights of citizens. c. Understand the individual rights protected by the original Constitution of 1788, and the terms habeas corpus, bill of attainder, ex post facto law, and treason. d. Explain the general nature and limits of the rights embodied in the Bill of Rights, especially: The First Amendment; The Fourth Amendment; The Fifth Amendment; The Sixth Amendment; The Eighth Amendment. e. Understand the concepts of due process and equal protection as guaranteed by the Fourteenth Amendment.

2. Learning Activities: a. Discuss course requirements and activities as contained in the syllabus b. Classroom lecture/discussion c. Reading assignment: Chapter 1 d. Homework and other assignments designated by the instructor

B. Unit Two: Chapter 2, Criminal Courts, Pretrial Processes, and the Exclusionary Rule

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Explain the structure of the court system of the United States. b. Trace the progress of a criminal case through its various stages. c. Understand the characteristics and functions of a complaint, an affidavit, a summons, a warrant, an indictment, information, a motion, a subpoena, and a deposition. d. Explain the differences between preliminary hearings, grand jury proceedings, and arraignments. e. Understand the meaning of prosecutorial discretion. f. Understand the plea-bargaining and discovery processes. g. Understand the difference between venue and jurisdiction. h. Understand the rights, duties, and functions of the judge, the jury, the prosecuting attorney, and the defendant in a criminal trial.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 7 of 14 i. Understand the powers of and limitations on judges in determining the sentence. j. Explain the major differences between appeal and habeas corpus. k. Understand the significance, history of and reasons for the exclusionary rule.

2. Learning Activities: a. Reading assignment: Chapter 2 b. Homework and other assignments designated by the instructor

Session 2 12 Feb. 2018 Chapters 3, 4 i. Class will start on-line on 12 Feb. 2018 ii. Online assignment/project is due Saturday midnight (European time)

C. Unit Three: Chapter 3, Basic Underlying Concepts: Privacy, Probable Cause, and Reasonableness

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand generally the nature of the right of privacy in the law of criminal procedure. b. Define probable cause to search and to arrest. c. Know the indications of criminal activity that support probable cause. d. Understand the two-pronged test of the Aguilar case for establishing probable cause. e. Understand how an informant’s information can be bolstered by corroboration in order to establish probable cause. f. Explain the Gates “totality-of-the-circumstances” test for determining probable cause. g. Define reasonableness and understand generally its importance in the law of criminal procedure.

2. Learning Activities: a. On-line discussion a. Reading assignment: Chapter 3 b. Homework and other assignments designated by the instructor

D. Unit Four: Chapter 4, Criminal Investigatory Search Warrants

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Know the general history of the development of the Fourth Amendment. b. Understand probable cause. c. Know how to obtain a search warrant including the affidavit process. d. Know how to execute a search warrant. e. Know the differences between an administrative search warrant and a criminal search warrant. f. Describe anticipatory search warrants. g. Understand what makes a warrant constitutionally defective.

2. Learning Activities: a. On-line discussion b. Reading assignment: Chapter 4 c. Homework and other assignments designated by the instructor

CJSA 1313 11th Ed. (08.14) 218B9286 Page 8 of 14

Session 3: 19 Feb. 2018 - Chapters 5, 6 i. Class will start on-line 19 Feb. 2018 ii. Online assignment/project is due Saturday midnight (European time)

E. Unit Five: Chapter 5, Searches for Electronically Stored Information and Electronic Surveillance

1. Unit Objectives: Upon successful completion of this unit, the student will:

a. Describe the early developments in electronic interceptions law. b. Have a general understanding of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, including the following: 1. Familiarity with the conflicting demands for more effective law enforcement and individual privacy rights; 2. Knowledge of several ways in which Title III provides for judicial supervision of electronic surveillance. 3. Understanding of the similarities and differences between an interception order under Title III and an ordinary search warrant; 4. Knowledge of specific ways in which Title III protects individual rights, especially privacy rights; c. Understanding of the types of interceptions of wire, oral, or electronic communications that are expected from coverage under Title III. d. Know what FISA applications are.

F. Unit Six: Chapter 6, Administrative and Special Needs Searches

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand special warrant requirements for administrative searches. b. Know the exceptions to administrative warrant requirements. c. Be able to distinguish between administrative and criminal searches. d. Understand different types of special needs searches.

2. Learning Activities: a. On line discussion b. Reading assignment: Chapter 6 c. Homework and other assignments designated by the instructor

Session 4: 26 Feb. 2018 - Chapters 7, 8,

CJSA 1313 11th Ed. (08.14) 218B9286 Page 9 of 14 i. Class will start 26 Feb. 2018 ii. On-line assignment/project are due Saturday midnight (European time)

G. Unit Seven: Chapter 7, Arrests, Searches Incident to Arrest, and Protective Sweeps

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Define the elements of a formal arrest. b. Understand the distinctions among the terms seizure, stop, and seizure tantamount to arrest (de facto arrest). c. Understand the difference between an arrest warrant and a summons. d. Differentiate between the warrantless arrest authority for misdemeanors and for felonies. e. Know the procedures for affecting a formal arrest. f. Know the law relating to citizen’s arrest and arrest in fresh pursuit. g. Know the limitations on the use of force in making arrests, self-defense, and entry of dwellings. h. Know the legal requirements and procedures for dealing with an arrested person. i. Understand the consequences of an illegal arrest.

2. Learning Activities: a. On-line discussion b. Reading assignment: Chapter 7 c. Homework and other assignments designated by the instructor d. Review for Mid-term exam

H. Unit Eight: Chapter 8, Stops and Frisks

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand the law’s preference for search warrants and why exceptions to the warrant requirement are allowed b. Understand the allowable purposes of a search incident to arrest as set forth in Chimel v. California c. Know the limits on the allowable scope of a search incident to arrest of the arrestee. d. Know the limits on the allowable scope of a search incident to arrest with respect to the search of the arrestee’s companions and the search of other areas of the premises e. Understand the other requirements of a valid search incident to arrest. f. Understand the limitations on a search incident to detention. g. Understand the distinctions between a frisk and a full search. h. Understand how to balance competing interests when determining the reasonableness of a stop and frisk. i. Know what justifies a law enforcement officer in stopping a person. j. Know what justifies a law enforcement officer in frisking a person and the scope of the search the law permits. k. Apply the legal principles governing stops and frisks to analogous situations, such as detentions and examinations of luggage, mail, and other containers.

2. Learning Activities: a. On-line discussion b. Reading assignment: Chapter 8

CJSA 1313 11th Ed. (08.14) 218B9286 Page 10 of 14 c. Homework and other assignments designated by the instructor d. Review for the Mid-Term Examination

Session 5: 5 March 2018 - Chapter 9, Chapter 10 (Mid-Term Examination) i. Class will start 5 March 2018 ii. Online assignment/project is due Saturday midnight (European time)

I. Unit Nine: Chapter 9: Consent Searches

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Explain the benefits, to the law enforcement officer and to the person being searched, of a consent search. b. Understand the circumstances that are considered in determining whether a consent search is voluntary. c. Know the difference between consent to enter premises and consent to search premises. d. Understand how the scope of a consent search is limited by: the person giving consent, the area to which consent to search is given, time, and the expressed object of the search. e. Understand when a third person may be authorized to consent to a search of a person’s property and how third-party consent is affected by the person’s reasonable expectation of privacy.

J. Unit Ten: Chapter 10, The Plain View Doctrine

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand why the plain view doctrine is not a true exception to the search warrant requirement. b. Distinguish the plain view doctrine from the law of search incident to arrest. c. Give examples of prior valid intrusions into zones of privacy. d. Understand how the plain view doctrine is affected by the reasonable expectation of privacy of the person against whom a search or observation is directed. e. Know the distinctions between: Plain view observation and probable cause to believe that an item of evidence is in a certain place; plain view observation and a search, especially with respect to closer examinations of items and examinations of containers. a. Understand the so-called “plain touch” or “plain feel” doctrine.

CJSA 1313 11th Ed. (08.14) 218B9286 Page 11 of 14 2. Learning Activities: a. On-line discussion b. Reading assignment: Chapter 10 c. Homework and other assignments designated by the instructor

The Mid-Term Examination will be given on line during this week.

Session 6: . 12 March 2018 - Chapters 11, 12 i. Class will start 12 March 2018 . ii. Online assignment/project is due Saturday midnight (European time)

K. Unit Eleven: Chapter 11, Search and Seizure of Vehicles and Containers

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand the rationale for and the scope of searches allowed under the Carroll doctrine. b. Understand what types of exigent circumstances will justify the search of a motor vehicle on the basis of probable cause. c. Understand how the differences between a motor vehicle and a movable container with respect to expectation of privacy affect a law enforcement officer’s warrantless search authority. d. Understand the circumstances under which a motor vehicle may be impounded and the requirements that must be met before law enforcement officers may conduct an inventory of the vehicle’s contents. e. Be able to analyze any search and seizure situation involving a motor vehicle in terms of the reasonable expectation of privacy of the vehicle’s owner and occupants. f. Discuss vehicle inventories and the plain view doctrine. g. Discuss other issues related to vehicle searches.

L. Unit Twelve: Chapter 12, Open Fields and Abandoned Property

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand how the concepts of “open fields,” “curtilage,” and “reasonable expectation of privacy” interrelate and their importance to the law of search and seizure. b. Be able to analyze a fact situation involving a description of a place and determine whether the place is located in the open fields or is within the curtilage. c. Know the differences among the open fields doctrine, the plain view doctrine, and observations into the curtilage from a vantage point in the open fields or a public place. d. Know the factors considered by courts in determining whether premises, objects, or vehicles have been abandoned and the significance of abandonment in the law of search and seizure

2. Learning Activities:

CJSA 1313 11th Ed. (08.14) 218B9286 Page 12 of 14 a. On-line discussion b. Reading assignment: Chapter 12 c. Homework and other assignments designated by the instructor

Session 7 : 19 March 2018 Chapters 13 and 14 (Term Paper Due)

Unit Thirteen: Chapter 13, Interrogations, Admissions and Confessions

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand how the test evolved for the admissibility of a defendant’s admission or confession: voluntariness; Escobedo v. Illinois; Miranda v. Arizona. b. Determine whether the Miranda requirements are applicable to a particular fact situation—that is, whether the suspect was subject to custodial interrogation. c. Know under what circumstances further attempts at interrogation may be made after a suspect has exercised or waived any of his Miranda rights. d. Determine whether the Miranda requirements have been satisfied in a case in which they apply. e. Understand the applicability of Miranda to misdemeanors and other miscellaneous situations. f. Understand the effect of Miranda in court. g. Discuss attachment and waivers of the 6th Amendment right to counsel.

2. Learning Activities: a. On line discussion b. Reading assignment: Chapter 13 c. Homework and other assignments designated by the instructor

N. Unit Fourteen: Chapter 14, Pretrial Visual Identification Procedures

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Discuss the problems of mistaken identifications and the role of perception and memory b. Understand the terms show-up, lineup, and confrontation. c. Understand the Wade-Gilbert Rule and why the presence of counsel is required at a pretrial confrontation with witnesses conducted after the initiation of adversary judicial proceedings. d. Know the proper procedures for conducting a lineup. e. Know when a law enforcement officer may use a one-person show-up and the ways in which the inherent suggestiveness of the show-up may be reduced. f. Know the factors that indicate accuracy or reliability of an identification even though the identification procedure was unnecessarily suggestive. g. Know the proper procedures for conducting a photographic identification procedure.

2. Learning Activities: a. On line discussion b. Reading assignment: Chapter 14

CJSA 1313 11th Ed. (08.14) 218B9286 Page 13 of 14 c. Homework and other assignments designated by the instructor d. Review for the Final Examination

Session 8: 26 Mar. 2018- Chapter 15, Final Examination i. Class will start 26 Mar. 2018. ii. Online assignment/project is due Saturday midnight (European time)

O. Unit Fifteen: Chapter 15, Criminal Trials, Appeals and Post Conviction Remedies

1. Unit Objectives: Upon successful completion of this unit, the student will: a. Understand the rights associated with criminal trials, including the right to a speedy trial, right to confront witnesses and the right to an impartial jury. b. Understand the sentencing process. c. Describe various post-trial motions. d. Understand the appeal process.

2. Learning Activities: a. On-line discussion b. Reading assignment: Chapter 15 c. Final Exam

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