CRJ 251D Telecom - 3 credits INSTRUCTOR: STEVEN D. NELSON
Criminal Evidence & Procedure OFFICE: Sullivan Hall 201
SPRING 2008 PHONE: 791-5364
On-line Session: Tuesday-noon-12:50PM E-Mail: snelson@ugf.edu
CRN 30159 OFFICE HRS.: Mon: 1-2PM
& 3:15-
No campus enrollment 4:15PM
(includes Great Falls) Tues: 1-2PM
(without my permission) Wed: 1-2PM
&
3:15-4:15PM
(Other times and/or
other days, including
evenings, by appointment.)
A PROCTOR IS NECESSARY FOR THIS CLASS - IT IS EACH STUDENT'S RESPONSIBILITY TO LINE UP A PROCTOR. If you look under "forms" (http://www.ugf.edu/academics/forms.aspx on the UGF web page, you will find the appropriate form and instructions. Please complete the form and send the necessary information by the end of the first week of classes. A proctor is someone who handles your testing in the sense that he/she receives the exams from UGF; monitors you taking the exam (to prevent academic dishonesty), and returns the exams to me. When exams are sent out there are instructions for the proctor as to whether exams are open book, open note, closed book, and/or no notes like my exams. Do not use a family member or roommate. Often, an employer is a good choice as a proctor. You do want a proctor who is happy to help you in scheduling.
A WORKING MICROPHONE AND E-MAIL ADDRESS ARE REQUIRED FOR THIS COURSE - HAVE THEM BY THE FIRST ON-LINE SESSION! YOU ARE ALSO REQUIRED TO HAVE WEEKLY ACCESS TO THE INTERNET TO ACCESS THE CLASS DISCUSSION BOARD DESCRIBED BELOW IN PARAGRAPH XV AS WELL AS FOR ATTENDING THE WED CLASSES VIA LEARNLINC (SEE PARAGRAPH III BELOW).
SYLLABUS
This syllabus contains the policies and expectations I have established for this course. Please read the entire syllabus carefully before continuing in this course. These policies and expectations are intended to create a productive learning atmosphere for all students. Unless you are prepared to abide by these policies and expectations, you risk losing the opportunity to participate further in the course
I. COURSE DESCRIPTION:
Criminal evidence and procedure and their application in trials. Topics: rules of evidence, rules of procedure, arrests, searches and seizures, use & suppression of evidence in trial, constitutional implications.
II. TEXT:
A. Criminal Evidence, 5th Ed, Judy Hails, Thomson/Wadsworth Publishing Company, 2005;
B. Instructor Materials (Collection of selected Montana cases & statutes & class exercises (Available from UGF Bookstore);
C. Titles 44, 45, & 46 MCA-2007 edition! (Available from UGF bookstore or Montana Legislative Services.)
III. REQUIREMENTS:
A. Class participation is required. You are allowed two absences without penalty, after that you are subject to a 2 point penalty off final grade average for each class missed. You are encouraged to ask questions and volunteer your thoughts and ideas and you will be called on to contribute to class discussion. Consequently, preparation before class will be essential. You are expected to have read, analyzed, watched the applicable videotaped presentation, and studied the assigned materials before the class for which it is assigned. The expectation for a three credit college course is that students will spend 6-9 hours per week in addition to class time in preparation for that course. For Telecom students that means 6-9 hours of preparation per week in addition to watching the video lecture and attending the on-line session. To not be counted as absent, a student must attend the entire class. Tardiness is treated as an absence, unless satisfactory explanation is made to the instructor at the end of the class period. Leaving class (or merely being logged on but not actively participating in the class )before the class period is over is treated as an absence unless a satisfactory explanation is provided to the instructor before the class period begins. The attendance requirement begins with the first class of the semester (in fact, the 1st class is one of the most important classes of the semester). If a student "adds" the class late, he/she will marked absent for any classes missed, even if prior to registration. A nice feature of Telecom is that you can download the recorded on-line session.
Students participating in university-sponsored extracurricular activities (including intercollegiate athletics) must bring notification of the class to be missed at least one week in advance of the event in order for the absence to be excused. Excusing attendance for a class missed due to university-sponsored extracurricular activities does not excuse completing the assignments for the class missed.
You are encouraged to ask questions and volunteer your thoughts and ideas and you will be called on to contribute to class discussion. Consequently, preparation before class will be essential. You are expected to have read, analyzed, and studied the assigned materials before the class for which it is assigned. The expectation for a three credit college course is that students will spend 6-9 hours per week in addition to class time in preparation for that course.
B. To encourage orderly and productive classroom conduct:
1. I will conduct this class in an atmosphere of mutual respect. I encourage your active participation in class discussions. Each of us may have strongly differing opinions on the various topics of class discussions. The conflict of ideas is encouraged and welcome. The orderly questioning of the ideas of others, including mine, is similarly welcome. However, I will exercise my responsibility to manage the discussions so that ideas and argument can proceed in an orderly fashion. You should expect that if your conduct during class discussions disrupts the atmosphere of mutual respect I expect in this class, you will not be permitted to participate further.
IV. COURSE BEHAVIORAL OBJECTIVES:
A. As a result of their involvement in this course, it is expected that students will:
1. be able to list, describe, and discuss the criminal court process from pre-arrest investigation through appeal;
2. be able to describe and discuss generally what evidence is admissible in a criminal trial and how it is gathered and admitted into evidence;
3. be able to define, describe, and discuss specifically the rules governing hearsay evidence, privileged communications, search and seizure, self incrimination, and identification procedures;
4. be able to read and apply statutes;
5. recognize the ethical issues involved in connection with the collection of evidence to be used at trial;
6. be able to analyze fact situations to determine the proper steps to be taken to insure the admissibility of the subject evidence;
7. prepare for careers in the criminal justice/paralegal/forensic science fields by learning the necessity of attending classes (similar to going to work) and completing requirements of course in a timely, punctual manner (similar to the requirements of the workplace).
9. These course behavioral objectives reflect, in part, Criminal Justice Program Competencies numbers: 1,2,3,5, 6&8.
B. The foregoing items will be demonstrated by:
1. Reading assigned topics when scheduled and being prepared to discuss those topics in the class for which they are assigned;
2. Participating in class discussions;
3. Taking 3 examinations (covering the foregoing objectives and substantive information presented via the text and class lecture/discussion) when scheduled and obtaining a passing grade;
4 Reading assigned cases when scheduled;
6. Preparing a brief of a case;
5. Reading assigned statutes;
6. Completing weekly exercises; and
7. By punctual, regular and complete class attendance.
C. Students will complete a survey at the end of the semester
in regard to how well the course objectives have been accomplished.
V. RUBRICS OF EVALUATION/GRADING The examinations
will be a combination of multiple choice, true/false, and/or essay questions.
Essay exams will be graded on content, clarity, and grammatical correctness.
The examinations are designed to test your knowledge of the material presented
and your ability to apply the knowledge you have acquired.
(Record your scores)
A. First Exam 33.3% ______________
B. Second Exam 33.3% ______________
C. Final Exam 33.3% ______________
D. Grading:
1. A = 90-100%
2. B = 80-89.9%
3. C = 70-79.9%
4. D = 60-69.9%
5. F = 0-59.9%
Exams must be taken when scheduled unless prior approval is obtained from instructor. Such approval will only be given in rare, emergency situations. Since each exam equals 33.3% of final grade, failure of even one exam to count towards the final grade will severely impact the student's grade. Do not let this happen to you! Additionally, since students are expected to have completed the assigned readings before class, failure to have done so will not only negatively effect performance on exams but, at the instructor's option, points may be deducted from a student's final grade.
V. CLASS SCHEDULE:
A. See attached schedule under paragraph XV. The schedule is an approximation and may be changed at instructor's discretion. Consequently, it is necessary to attend class to stay informed of any changes.
VI. ACADEMIC CONDUCT:
A. Academic conduct shall be in accordance with and governed by the College policy as set out in the Current Catalogue. Any incident of academic dishonesty will result in a failing grade in the course.
VII. Instructor Contact
A. If you have questions or encounter problems with the material during the course you are encouraged to ask questions during class so that everyone may benefit from the discussion. However, if you are unable, or do not wish to bring them up during class, please feel free to stop in or call me at my office. The best time to reach me is during office hours. If I am not available, you may leave a message indicating the nature of your call, a return phone number, and times when you may be contacted. I will attempt to return your call. Since I may be unsuccessful in reaching you, do not hesitate to continue to attempt to reach me.
VIII. CONTEXTUAL INFORMATION
A. Pre-requisite for this course:
1. Any one of the following:
a. CRJ 100 – Intro to Criminal Justice;
b. CRJ 211 – Intro to Law; or
c. PLG 101 – Intro to paralegalism
B. This course is required in the following degree options:
a. Criminal Justice major and minor;
b. Criminal Justice Associate degree; and
c. Forensic Sciences major
IX. ACCOMODATIONS FOR STUDENTS WITH SPECIAL NEEDS:
A. Reasonable accommodation will be available to students with special needs as determined by the Center for Academic Excellence in Sullivan Hall (791-5213). Please notify me as soon as possible of any accommodation arrangements made through the Center for Academic Excellence. I want everyone to be successful in this course!
X. CATHOLIC UNIVERSITY IDENTITY STATEMENT, PROVIDENCE LEADERSHIP COVENANT, MISSION STATEMENT: The University of Great Falls is a Catholic University sponsored by the Sisters of Providence. Consequently students are urged to review the CATHOLIC UNIVERSITY IDENTITY STATEMENT, PROVIDENCE LEADERSHIP COVENANT, and the UGF MISSION STATEMENT found in the UGF catalogue and on the UGF web page.
XI. GOALS FOR UNDERGRADUATE DEGREES at UGF:
All students will acquire fundamental knowledge, skills, and dispositions during their careers at the University of Great Falls. The following overriding goals shape curricular decisions to ensure breadth and depth of content and experience and to encourage independent learning. They help create the context of a value-based liberal education and reinforce the university's Mission Statement including the Catholic University Identity Statement and the Providence Leadership Covenant.
UGF graduates ENGAGE THE QUESTIONS:
1. What does it mean to be human? The university encourages students to
· appreciate the inherent value and interrelatedness of all God's creation
· appreciate the inherent dignity of every person
· appreciate and value cultural differences and similarities
· appreciate that community is essential to being and becoming human
· appreciate the responsibility to maintain and strengthen society by helping others and advancing justice
· appreciate the value of aesthetic and creative expression.
(The Criminal Justice Program Competency Objectives which address this question are Numbers 8, 11, and 20.)
2. What does it mean to participate in intellectual inquiry? The university encourages students to
· dedicate themselves to the pursuit of truth and knowledge
· cherish the cumulative wisdom of human inquiry, past and present as a means to enrich the future
· civilly question and challenge, and remain open to being questioned and challenged, in pursuit of the common good
· think critically and creatively, analyze situations and proposals accurately; identify issues, evaluate and appreciate alternative positions.
(The Criminal Justice Program Competency Objectives which address this question are Numbers 1, 2,3,4,6,7,12, and 17.)
3. What does it mean to "make a living" and to live as a productive human being? The university encourages students to
· communicate clearly and effectively in multiple modes of discourse
· identify problems and articulate appropriate solutions
· accept the consequences of their decisions and actions
· dedicate themselves to their field of endeavor
· possess expertise in a specific area and appreciation of other areas
· practice personal health.
(The Criminal Justice Program Competency Objectives which address this question are Numbers 1,5,6,9,10,13,14,15,18,19,20,21,22,23, and 24.)
4. What does it mean to participate in the spiritual and religious dimensions of life? The university encourages students to
· explore religious world views and value systems and their implications for living
· contemplate spirituality, the meaning of God, religion, and the gospel of Jesus Christ and their importance for living
· further God's work of reaching out to humanity
· make sound moral judgments
· appreciate the Christian and Catholic traditions
(The Criminal Justice Program Competency Objectives which address this question are Numbers 8 and 16.)
XII. Criminal Justice Program Competency Objectives:
1. Identify and define “key” terms utilized within the criminal justice discipline (Associate degree, Minor, Major);
2. Describe and discuss the applicable major theories involved in the criminal justice discipline; (Associate degree, Minor, Major);
3. Describe and discuss the applicable historical development and evolution of the criminal justice field (Associate degree, Minor, Major);
4. Interpret, appraise, and evaluate contemporary literature of the criminal justice discipline (Associate degree, Minor, Major);
5. Demonstrate professional behavior by taking examinations when scheduled; e.g., turning in papers when due and regular class attendance (Associate degree, Minor, Major);
6. Effectively communicate knowledge into writing by preparing reports, subject related papers and/or essay questions (Associate degree, Minor, Major);
7. Effectively research issues, trends, and history of the criminal justice field/discipline (Associate degree, Minor, Major);
8. Recognize ethical dilemmas within the criminal justice system, and be able to interpret what would be the proper course(s) of action (Associate degree, Minor, Major);
9. Discuss and identify the different areas within civil law and procedures involved in civil law suits (Major);
10. Effectively communicate through written and verbal presentations historical developments of the correctional system and theories behind punishment (Major);
11. Recognize and discuss how personal and cultural differences affect behavior and communication in American society (Major);
12. Evaluate and distinguish current social science research methodology through hypothesis development, analysis of findings, and to compare and contrast types of social research methods (Major);
13. Apply “key” terms utilized within the criminal justice discipline and apply the research and literature of the discipline demonstrating an upper-level scholarly ability (Major);
14. Analyze and demonstrate effective interview and interrogation techniques (Law Enforcement Concentration and Corrections Concentration);
15. Apply observational skills and draw reasonable inferences from those observations as they relate in determining truth versus deception (Law Enforcement Concentration and Corrections Concentration);
16. Evaluate and question police officer discretion and ethical practices in the field (Law Enforcement Concentration);
17. Infer and analyze personal and societal values as they pertain to law enforcement officers (Law Enforcement Concentration);
18. Independently assess the diverse aspects of police patrol operations (Law Enforcement Concentration);
19. Summarize, compare and contrast problem-solving techniques utilized in contemporary community policing (Law Enforcement Concentration);
20. Identify community issues (e.g., crime and quality of life) and strategies used by police departments to address them (Law Enforcement Concentration);
21. Formulate investigative strategies employed in the criminal investigation process (Law Enforcement Concentration);
22. Perceive and make relationships in determining the identification and appropriate physical evidence collection, and crime scene processing in a criminal investigation (Law Enforcement Concentration);
23. Analyze structure and organization of management styles within law enforcement agencies (Law Enforcement Concentration);
24. Identify ones own managerial strengths and weaknesses as they apply to law enforcement supervision. (Law Enforcement Concentration);
25. Identify major issues in juvenile corrections (Corrections Concentration);
26. Identify how cases are processed through systems from arrest through parole (Corrections Concentration);
27. Identify goals, successes, challenges of institutional and community corrections (Corrections Concentration);
28. Identify principles in case work and case management (Corrections Concentration);
29. Identify the population of youth at risk in our society (Corrections Concentration);
30. Identify various methods of correctional administration and management (Corrections Concentration); and
31. Identify the major issues concerning victims and the Criminal Justice System (Corrections Concentration).
XIII. ACADEMIC CONDUCT:
A. Academic conduct shall be in accordance with and governed by the College policy as set out in the current UGF Catalogue. Any act of academic dishonesty will result in a failing grade in the course.
XIV. Instructor Contact:
A. If you have questions or encounter problems with the material during the course you are encouraged to ask questions during class. However, if you are unable, or do not wish to bring them up during class, please feel free to call me at my office. That said, please do not hesitate to ask questions during class - that way everyone in the class gets the benefit of the questions and their answers. I may defer answering your question until class if I think it will benefit the entire class. The best time to reach me is during office hours. If I am not available, you may leave a message indicating the nature of your call, a return phone number, and times when you may be contacted. I will attempt to return your call. Since I may be unsuccessful in reaching you, do not hesitate to continue to attempt to reach me.
XV. SCHEDULE for CRJ 251 Criminal Evidence and Procedure
Note: the schedule
may be changed at instructor's discretion. It is the student's responsibility
to attend class in order to stay informed of any changes. The PowerPoint
slides used in the taped lectures may be found at:
http://faculty.ugf.edu/jgretch/crj/crj251.htm
Additionally, we will use a class discussion "bulletin board" which you can reach at:
http://faculty.ugf.edu/crj251sp08/
In addition to the following reading assignments, you are to do the exercises that go with each chapter in the “Printabook” and read the cases and related materials as well (see “Printabook” Table of Contents for cases, location of chapter exercises, "handouts", and location of Title 26) Again, these materials are to be read, and the exercises done, before the applicable class! Failure to do so will not only negatively effect how you do on exams but, at the instructors option, points may be deducted from your final grade! You are expected to spend approximately 5 hours a week in preparation for each class (not including watching videotape and attendance of on-line session).
Date Tape Hails Text Montana Statutes
1/15 1 Intro to Course;
Review of Syllabi and Assignments
1/22 2 Chapter 1 26-1-101; 26-1-401 to 403
(Introduction) 26-1-201 to 203
26-1-301 to 302
46-16-201 to 204; 46-16-213
1/29 3 Chapter 2 46-2-101; 46-6-201,210,311, & 502
(Court Process) 46-7-101,102
46-8-101,102;
46-9-102,106,108,109,111,206,
301,401,503
46-10-105,203;
46-11-101,102,201,301,401,404,410
46-12-201,204,210,211,212
46-13-101,110,202-
204,211,301,302,401
2/5 4 46-15-322,323,329; 46-16-
105,115,116,130,201,204,211,
213,401,607
46-18-101 to 115; 46-18-201 to 204
46-20-103 & 104
2/12 5 Ch.3: Types of Evidence Rules 401 to 403 ;26-1-102;
Rules 201, 202, & 301
and 6-1-601 & 602
26-1- 303
46-16-204
Ch. 4 Direct & Circumstantial Evid.
Rules 404 to 406; Rule 410
46-13-109
2/13 to 2/19 First Exam (You are to make advance arrangements with your proctor to take the exam during this period)
2/26 6 Chapter 5 Rules 601 & 602
(Witnesses) Rules 607 to 610; Rule 612,613
Rules 701 to 705
3/4 Spring Break
3/11 7 Ch. 6 Crime Scenes & Ch 7 Documentary Evid)
Rules 901 & 902
Rules 1001 to 1008
3/18 8 Chapter 8 Rules 801 to 806
(Hearsay) 46-16-220
3/25 9 Chapter 9 Rules 501 to 505
(Privileged 26-1-801 to 903
Communications) 46-16-212
3/26-4/1 Second Exam (You are to make advance arrangements with your proctor to take the exam during this period)
4/8 10 Chapter 10 46-5-101 to 46-5-301,310
(Search & Seizure) 46-13-302
4/15 11 Chapters 11&12&13 46-5-401,402;
46-6-104,105,
Ch 11: Arrest & Jail 210,216,311,312,402,502,507
Searches
Ch 12: Misc Searches
Ch 13: Electronic Surveillance 46-4-401 to 405
4/22 12 Ch 14: Self Incrimination; 46-13-301; 46-16-215
Ch 15 ID Procedures; and
ch 16: Preparing for Court
4/23-28! Final Exam (Must be received by me by noon on 4/29!)