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Instructor Biography s3

SYLLABUS FOR CJSA 1313 Court Systems & Practices Semester Hours Credit: 3 Lecture Hours: 48

Course Dates: 20 April 2015 – 08 June 2015 Mondays and Fridays 18:00 – 21:15 Instructor: Teresa Greening Class Location: Ed Center, Camp Arifjan, Kuwait Office Hours: 08:00 to 17:00 Monday to Sunday Instructor Email: [email protected] Phone: DSN 318-430-4166; Cell 9944-6076

INSTRUCTOR BIOGRAPHY RELEVANT EXPERIENCE:  I started as a Reserve Officer Program Cadet with San Bernardino Sheriff’s Office, California for 1.5 years. Upon moving to North Carolina, I worked as a Patrol Officer for the small town of Maysville Police Department for 9 months before moving to Craven County Sheriff’s Office as part of the Narcotics Unit. I worked as a Narcotics Investigator for the next several years before joining the Army. I have been a Medic in the Army for the past 11 years with deployments to both Iraq and Afghanistan.

RELEVANT EDUCATION:  P.O.S.T. Certification - California  B.L.E.T. Certification – North Carolina  AS and BS in Criminology and Criminal Justice – Chaminade University of Honolulu  Completion of year one Masters of Jurisprudence – Concord School of Law, Kaplan University

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 of Applied Science degree.

C. This course is occupationally related and serves in preparation for career(s) in Criminal Justice, Law Enforcement, and Corrections.

August 28, 2014 D. Prerequisite(s): (None)

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 discuss in depth those rights in the 4th, 5th, & 6th 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 www.ctcd.edu/books.

1. Ferdico, John, Criminal Procedure for the Criminal Justice Professional – CTC Custom Cover, 11th Ed, Belmont, CA: Wadsworth Publishing, 2013. ISBN: 9781133887829

B. References:

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

CJSA 1313 08.14 2 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 class regularly and be prepared to participate in classroom discussions and to take 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: http://www.ctcd.edu/academics/catalogs/catalog-continental- international/academic-policies/.

C. You are encouraged to give your best effort throughout the course. 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 or projects 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/reading materials 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.

Cheating: Giving or receiving information on examinations.

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. EXAMINATIONS

CJSA 1313 08.14 3 A. There will be a minimum of two major examinations and a written paper or project as follows:

1. Exam 1 – 27 April 2015 2. Exam 2 – 08 May 2015 3. Mid-term exam - 11 May 2015 4. Exam 3 – 18 May 2015 5. Exam 4 – 29 May 2015 6. Research paper due on 29 May 2015 7. Final exam on 08 June 2015

B. A student must be present 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 see 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. Students majoring in Criminal Justice and Law Enforcement 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.

VI. SEMESTER GRADE COMPUTATIONS

The final grade in this course will be based on the following:

In-class participation/attendance 150 points Exams (4 exams) 120 points Written assignments (6 assignments) 120 points Research Paper 200 points Midterm exam 140 points Final exam 270 points

Total possible points: 1000 points

POINTS GRADES 900 - 1000 = A 800 - 899 = B 700 - 799 = C 600 – 699 = D Less than 599 = F

CJSA 1313 08.14 4 A term paper is expected from all students. The instructor may need to teach this concept during the course. Students may vary in their competency levels on these abilities. You can expect to acquire these educational abilities only if you honor all course policies, attend classes regularly, and complete all assignment work in good faith and on time.

VII. 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, at http://europe.ctcd.edu/library/catalog.php.

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. For self-pay students, refunds are computed from the date the Application for

Withdrawal or Refund is filed with the CTC Field Representative 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 Field Representative or the Student Services Officer for that region.

Applications for Withdrawal will be accepted at any time before the completion of 75% of the course, after which time the student will be assigned an “FN”- “Failure for Non-attendance.”

D. 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. This date can be determined by the instructor but must be within 45 days of the course end date. After completion of the work the instructor can then change the grade of “IP” to the appropriate letter grade. If this work is not completed by the specified date the instructor will change the grade to “F”. CJSA 1313 08.14 5 E. 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.

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

G. 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.

VIII. COURSE OUTLINE

Note: The instructor has the right to change the course schedule. Any changes will be announced in class. If the student misses a class period and changes are announced, it is the student’s responsibility to receive the missed information from a classmate or the instructor.

APRIL 20, 2015

A. Part I: Framework for the Study of Criminal Procedure Chapter One: Individual Rights as the Balance Between Due Process and Crime Control

1. Learning Objectives Chapter 1:

After mastering the content of this chapter, a student should be able to:

a. Explain how criminal law and criminal procedure are often in conflict as courts try to balance the need for crime control with constitutional guarantees of due process. b. Summarize the historical context that gave birth to the concern for the individual rights embodied in the United States Constitution. c. Explain how the legislative, judicial, and executive branches of government are involved in the protection of the constitutional rights of citizens. d. Define the individual rights protected by the original Constitution of 1788, and the terms habeas corpus, bill of attainder, ex post facto law, and treason. e. Explain the general nature and limits of the rights embodied in the Bill of Rights, especially: The First Amendment freedoms of religion, speech, press, assembly, and petition; the Fourth Amendment prohibition against unreasonable searches and seizures; the fifth Amendment protections against double jeopardy and self- incrimination; the sixth Amendment rights to a speedy and public trial, notice of charges, confrontation with adverse witnesses, compulsory process for favorable witnesses, and assistance of counsel; and the Eight Amendment rights against excessive bail and fines and against cruel and unusual punishment. f. Differentiate the concepts of due process and equal protection as guaranteed by the Fifth and Fourteenth Amendments.

CJSA 1313 08.14 6 2. Learning Activities:

a. Discuss course requirements and activities as contained in the syllabus b. Classroom lecture/discussion c. Reading assignment: Chapter 1 d. Assignment One

APRIL 24, 2015

B. Part I: Framework for the Study of Criminal Procedure Chapter Two: Criminal Courts, Pretrial Processes, and the Exclusionary Rule Chapter Three: Basic Underlying Concepts: Privacy, Probably Cause, and Reasonableness

1. Learning Objectives Chapter 2:

After mastering the content of this chapter, a student should be able to:

a. Describe the dual court structure of the United States. b. Trace the progress of a criminal case through its various pretrial stages from arrest through pretrial motion. c. Explain the characteristics and functions of a complaint, an affidavit, a summons, a warrant, an indictment, an information, a motion, a subpoena, and a deposition. d. Differentiate preliminary hearings, grand jury proceedings, and arraignments e. Analyze the nature of prosecutorial discretion, including how it can manifest in selective or vindictive prosecution. f. Assess why plea bargaining and discovery are essential to the administration of criminal justice. g. Contrast the difference between venue and jurisdiction. h. Evaluate the reasons underpinning the exclusionary rule, its exceptions, and its significance to criminal procedure.

2. Learning Objectives Chapter 3:

After mastering the content of this chapter, a student should be able to:

a. Explain the nature of the right of privacy in the law of criminal procedure and how it has affected court resolutions of Fourth Amendment issues. b. Define and analyze probable cause to search and to arrest. c. Apply the indications of criminal activity that support probable cause. d. Examine the two-pronged test of the Aguilar case for establishing probable cause through the use of an informant’s information. e. Evaluate 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 evaluate its importance in the law of criminal procedure, especially with respect to arrests, searches, and seizures.

CJSA 1313 08.14 7 3. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 2 and Chapter 3 c. Assignment One Due

APRIL 27, 2015

C. Part II: Search Warrants, Arrests, Stops, and Frisks Chapter Four: Criminal Investigatory Search Warrants

1. Learning Objectives Chapter 4:

After mastering the content of this chapter, a student should be able to:

a. Describe the general history of the development of the Fourth Amendment. b. Explain how to obtain a search warrant, including the following: who issues search warrants, the grounds for issuance, what may be seized, and how to describe the person or place to be searched and the things to be seized. c. Discuss how triggering conditions affect the validity and execution of an anticipatory search warrant. d. Analyze how to execute a search warrant, including the following: who may execute a search warrant; when a search warrant may be executed, allowable delays, and how long the search may last; gaining entry to premises; authority to search persons not named in the warrant; allowable scope of the search and seizure; and duties after the search is completed. e. Identify the consequences of having acted with reckless disregard for the truth when applying for search warrants. f. Explain the Rule 41 notice and inventory requirements and how those requirements might be altered by the rules covering covert entry and delayed notification. g. Apply the constitutional limits on the seizure of items found in a search h. Analyze the permissible scope of searching third parties and their belongings during the execution of a valid search.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 4 c. Assignment Two d. Exam One – Chapters 1 to 3

MAY 01, 2015

D. Part II: Search Warrants, Arrests, Stops, and Frisks Chapter Five: Searches for Electronically Stored Information and Electronic Surveillance

1. Learning Objectives Chapter 5:

CJSA 1313 08.14 8 After mastering the content of this chapter, a student should be able to:

a. Explain the relevance of computer forensics to searches for electronically stored information (ESI). b. Differentiate the two-stage process used for most searches of ESI. c. Analyze the requirements some courts impose on applications for search warrants for ESI. d. Explain the scope and applicability of title III of the Omnibus Crime Control and Safe Streets Act of 1968 to wire, oral, and electronic communications for both private persons and state actors. e. Evaluate the conflicting demands for more effective law enforcement and individual privacy rights relevant to electronic surveillance. f. Describe the ways in which Title III provides for judicial supervision of electronic surveillance. g. Compare and contrast an interception order under Title III and an ordinary search warrant. h. Explain the statutory limitations on the use of pen registers; trap-and-trace devices; tracking beepers; GPS; and real-time, cell-site data searching under the electronic Communications Privacy Act of 1986. i. Analyze the procedures for accessing e-mail, voice-mail, and social networking information under the Stored Communications Act of 1986 and other applicable laws. j. Explain the scope of counterintelligence and counterterrorism surveillance authorized under the Foreign Intelligence Surveillance Act (FISA) through the use of FISA warrants, including the different levels of proof needed for the issuance of such warrants. k. Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC) as well as when compliance with FISC is exempted under executive-approval exceptions to the usual FISA warrant procedures.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 5 c. Assignment Two Due

MAY 04, 2015

E. Part II: Search Warrants, Arrests, Stops, and Frisks Chapter Six: Administrative and Special Needs Searches

1. Learning Objectives Chapter 6:

After mastering the content of this chapter, a student should be able to:

a. Differentiate an administrative search warrant from a criminal search warrant. b. Explain the meaning of and rationale justifying special needs searches. c. Compare and contrast the special needs searches allowing for warrantless searches and seizures based on reasonable suspicion and those permitting warrantless searches and seizures without any particularized suspicion. CJSA 1313 08.14 9 2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 6 c. Assignment Three

MAY 08, 2015

F. Part II: Search Warrants, Arrests, Stops, and Frisks Chapter Seven: Arrests, Searches Incident to Arrest, and Protective Sweeps

1. Learning Objectives Chapter 7:

After mastering the content of this chapter, a student should be able to:

a. Define the elements of a formal arrest. b. Explain the distinctions among a seizure, a stop, and a seizure tantamount to arrest (de facto arrest). c. Evaluate the difference between arrest warrant and summons; explain why arrests made pursuant to a warrant are preferred. d. Differentiate between the warrantless arrest authority for misdemeanors and for felonies. e. Identify and examine the procedures for making a formal arrest. Explain the law relating to citizen’s arrest, arrest in “hot pursuit”, arrest in “fresh pursuit,” and other arrests made in emergency circumstances. f. Identify and examine the limitations on the use of force in making arrests, self- defense, defense of others, and entry of dwellings. g. Analyze the legal requirements and procedures for dealing with an arrested person after the arrest is made. h. Identify and evaluate the consequences of an illegal arrest. i. Evaluate the law’s preference for search warrants and why exceptions to the warrant requirement are allowed. j. Identify and examine the allowable purposes of a search incident to arrest as set forth in Chimel v. California. k. Describe the limits on the allowable scope of search incident to arrest with respect to the search of other areas of premises for accomplices and destructible evidence (e.g., the “protective sweep”). l. Analyze the principal requirements of a valid search incident to arrest, including: (1) lawful custodial arrest; and (2) contemporaneous nature of arrest and search. m. Evaluate the limits on the allowable scope of a search incident to arrest with respect to the following: (1) property that may be searched for and seized; (2) search and seizure of an arrestee’s body and items and evidence in or on the body; (3) search of items immediately associated with or carried on the arrestee’s body; (4) search of the area within the arrestee’s immediate control, including proximate containers within this area; (5) search of motor vehicles. n. Describe the limits on the allowable scope of a search incident to arrest with respect to the search of the arrestee’s companions.

CJSA 1313 08.14 10 o. Evaluate who may conduct the search incident to arrest and specific limitations on the use of force. p. Examine the limitations on a search incident to detention.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 7 c. Assignment Three Due d. Exam Two – Chapters 4 to 6

MAY 11, 2015

G. Part II: Search Warrants, Arrests, Stops, and Frisks Chapter Eight: Stops and Frisks

1. Learning Objectives Chapter 8:

After mastering the content of this chapter, a student should be able to:

a. Analyze the distinctions among a stop, a formal arrest, a seizure tantamount to an arrest, and minimal nonintrusive contact between a citizen and a law enforcement officer. b. Explain the distinctions between a frisk and a full search. c. Evaluate how to balance competing interests when determining the reasonableness of a stop and frisk d. Explain what justifies a law enforcement officer in stopping a person and what interference with the person’s freedom of action the law permits. e. Describe what justifies a law enforcement officer in frisking a person and the scope of the search the law permits. f. Apply the legal principles governing stops and frisks to analogous situations, such as detentions and examinations of luggage, mail, and other property.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 8 c. Assignment Four d. Mid-Term Exam (Chapters 1 through 7)

MAY 15, 2015

H. Part III: Exceptions to the Search Warrant Requirements Chapter Nine: Consent Searches

1. Learning Objectives Chapter 9:

After mastering the content of this chapter, a student should be able to:

CJSA 1313 08.14 11 a. Explain the benefits of a consent search to the law enforcement officer and the person being searched. b. Evaluate the circumstances that are considered in determining whether a consent search is voluntary. c. Differentiate between consent to enter premises and consent to search premises. d. Analyze 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. Evaluate the circumstances under which 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.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 9 c. Assignment Four Due

MAY 18, 2015

I. Part III: Exceptions to the Search Warrant Requirements Chapter Ten: The Plain View Doctrine

1. Learning Objectives Chapter 10:

After mastering the content of this chapter, a student should be able to:

a. Explain the rationale for the plain view doctrine. b. Evaluate the requirements of the plain view doctrine. c. Describe examples of prior valid intrusions into zones of privacy. d. Analyze the various ways officers are permitted to develop probable cause for plain view searches and seizures. e. Evaluate the distinction between a plain view observation and a search, especially with respect to closer examinations of items and examinations of containers. f. Understand that a plain view seizure need not be inadvertent. g. Analyze the so-called plain touch or plain feel doctrine.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 10 c. Assignment Five d. Exam Three – Chapter 7 to 9

MAY 22, 2015

J. Part III: Exceptions to the Search Warrant Requirements Chapter Eleven: Search and Seizure of Vehicles and Containers CJSA 1313 08.14 12 1. Learning Objectives Chapter 11:

After mastering the content of this chapter, a student should be able to:

a. Evaluate the rationale for the scope of searches allowed under the Carroll doctrine (automobile exception to the search warrant requirement). b. Describe the requirements that must be met for the automobile exception to apply. c. Analyze 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. Evaluate the differences between the automobile exception and the search- incident-to-arrest exception in the vehicle context. e. Explain the circumstances under which a motor vehicle may be impounded. f. Describe the requirements that must be met before law enforcement officers may conduct an inventory of the vehicle’s contents. g. Analyze a search and seizure situation involving a motor vehicle in terms of the reasonable expectation of privacy of the vehicle’s occupants (e.g., these occupants “standing” to challenge a search of the vehicle).

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 11 c. Assignment Five Due

MAY 25, 2015

K. Part III: Exceptions to the Search Warrant Requirements Chapter Twelve: Open Fields and Abandoned Properly

1. Learning Objectives Chapter 12:

After mastering the content of this chapter, a student should be able to:

a. Explain how the concepts of open fields, curtilage, and reasonable expectation of privacy interrelate and their importance to the law of search and seizure. b. Analyze a fact situation involving a description of a place, and determine whether the place is located in open fields or is within the curtilage. c. Evaluate the differences between 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. Describe the factors considered by courts in determining whether premises, objects, or vehicles have been abandoned, and evaluate the significance of abandonment in the law of search and seizure.

2. Learning Activities:

a. Classroom lecture/discussion CJSA 1313 08.14 13 b. Reading assignment: Chapter 12 c. Assignment Six

MAY 29, 2015

L. Part IV: Interrogations, Identifications, Trials, and Post-Conviction Remedies Chapter Thirteen: Open Fields and Abandoned Properly

1. Learning Objectives Chapter 13:

After mastering the content of this chapter, a student should be able to:

a. Describe how the test for the admissibility of a defendant’s admission or confession evolved from exclusively focusing on due process voluntariness to also including the Fifth Amendment Self-Incrimination Clause and the Sixth Amendment right to Counsel. b. Analyze whether the Miranda requirements apply to a particular fact situation – that is, whether the suspect was subject to custodial interrogation. c. Explain under what circumstances further attempts at interrogation may be made after a suspect has exercised his or her right to remain silent, has requested the assistance of an attorney, or has waived the Miranda rights and submitted to interrogation. d. Evaluate whether the Miranda requirements have been satisfied in a case in which they apply – that is, whether the warnings were adequate, whether the rights were clearly waived, and whether the suspect was competent to waive the rights. e. Discuss the effect of Miranda in court. f. Differentiate the right to counsel under the Fifth and Sixth Amendments, and understand the distinct limitations placed on obtaining statements from suspects under each approach.

2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 13 c. Assignment Six Due d. Exam Four – Chapters 10 to 12 e. Course Paper Final Due date

JUNE 01, 2015

M. Part IV: Interrogations, Identifications, Trials, and Post-Conviction Remedies Chapter Fourteen: Pretrial Visual Identification Procedures

1. Learning Objectives Chapter 14:

After mastering the content of this chapter, a student should be able to:

a. Define the terms confrontation, showup, lineup, and photo array. CJSA 1313 08.14 14 b. Describe how perception is a selective and interpretive process that can contribute to mistakes in identification procedures that can, in turn, lead to wrongful convictions. c. Explain the three phases of memory. d. Discuss both the estimator variables (including event factors and individual witness factors) that influence our ability to remember events accurately, and understand how these factors can contribute to mistakes in identification procedures that can in turn lead to wrongful convictions. e. Explain why the presence of counsel is required at a pretrial confrontation with witnesses conducted after the initiation of adversary judicial proceedings. f. Analyze when a law enforcement officer may use a one-person showup and the ways in which the inherent suggestiveness of the showup may be reduced. g. Evaluate the factors that indicate accuracy or reliability of identification even if the identification procedure was unnecessarily suggestive. h. Explain the proper procedures for conducting a lineup and a photographic identification procedure. 2. Learning Activities:

a. Classroom lecture/discussion b. Reading assignment: Chapter 14

JUNE 05, 2015

N. Part IV: Interrogations, Identifications, Trials, and Post-Conviction Remedies Chapter Fifteen: Criminal Trials, Appeals, and Post-Conviction Remedies

1. Learning Objectives Chapter 15:

After mastering the content of this chapter, a student should be able to:

a. Evaluate the constitutionality of lengthy delays in criminal cases from the perspective of constitutional and statutory speedy trial act guarantees. b. Explain how the Confrontation Clause serves to protect the rights of the criminally accused. c. Discuss the limitations of the compulsory Process Clause in complex criminal prosecutions involving overseas actors or witnesses. d. Analyze the ways in which the jury selection process helps to increase the likelihood that a defendant will receive a trial by a fair and impartial jury. e. Explain the rights, duties, and functions of the judge, the jury, the prosecuting attorney, and the defendant in a criminal trial. f. Explain the different types of evidence and the different evidentiary burdens of proof. g. Evaluate the powers of and limitations on judges in determining the sentence. h. Describe the steps in a criminal appeal. i. Analyze the impact that appellate standards of review have on the outcome of criminal appeals. j. Contrast the major differences between appeal and habeas corpus.

2. Learning Activities:

CJSA 1313 08.14 15 a. Classroom lecture/discussion b. Reading assignment: Chapter 15 c. Review for final exam d. FINAL DATE FOR ALL ASSIGNMENT TURN IN (TO INCLUDE POINT DEDUCTION FOR LATE WORK)

JUNE 08, 2015

O. Final Exam

CJSA 1313 08.14 16

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