Catalog Description
- Transfer Status
- CSU
- Unit(s)
- 3.00
- Lecture: 51.00 Contact hours/102.00 Out of class hours/153.00 Total hours/3.00 Unit(s)
- Total: 51.00 Contact hours/102.00 Out of class hours/153.00 Total hours/3.00 Unit(s)
Course Description: This course provides an examination and analysis of due process in criminal proceedings from pre-arrest through trial and appeal utilizing statutory law and state and constitutional law precedents. Graded only. (C-ID AJ 122).
Objectives
Upon successful completion of this course, the student should be able to:
- Identify and describe the stages in the trial process.
- Identify and critically analyze the concepts of due process as found in the 6th, 8th, and 14th amendments, including right to counsel, bail, jury trial and due process.
- Describe the history and application of the exclusionary rule in shaping criminal procedure.
- Describe application of the right to counsel in a criminal case.
- Describe application of the right to a jury trial.
- Critically analyze the constitutionality of searches, seizures, admissions and confessions.
- Describe what constitutes an unreasonable search and seizure.
- Describe the Miranda decision and the privilege against self-incrimination.
- Prepare legal briefs of appellate course decisions.
Course Content
Topic Titles / Suggested Time Topic
Lecture
| Topics | Lec Hrs |
|---|---|
Stages of the criminal process | 8.50 |
Sixth Amendment jurisprudence | 8.50 |
Eighth Amendment jurisprudence | 8.50 |
Fourteenth Amendment jurisprudence | 8.50 |
Fourth Amendment jurisprudence | 8.50 |
Fifth Amendment jurisprudence | 8.50 |
| Total Hours: | 51.00 |
Methods of Instruction
- Discussion
- Homework: Students are required to complete two hours of outside-of-class homework for each hour of lecture
- Lecture
- Multimedia Presentations
Methods of Evaluation
- Homework
- Objective and subjective examinations/quizzes, Case analysis, In class exercises/presentations
Examples of Assignments
Reading Assignments
- Read the chapter on arrest, search and seizure. Review the Bill of Rights, paying particular attention to the 4th Amendment and the legal issue of "protected areas and interest". Come to class prepared to discuss the legal limitations upon the police to search and seize individuals or property.
- Read six appellate court decisions and be prepared to discuss in class.
Writing Assignments
- Prepare a one-two page legal brief of an Appellate Court decision relating to police interrogations and confessions. Prepare an oral presentation for class.
- Identify and write a 2 page summary of at least six constitutional issues related to criminal procedure.
Out-of-Class Assignments
- Define circumstances that constitute an unreasonable search and seizure.
- Access online legal research source and define vocabulary used in judicial system.
Recommended Materials of Instruction
Jerold A. Israel & Wayne R. LaFave. (2010). Criminal Procedure in a Nutshell. West Group, 7th.
Other Learning Materials
Handouts regarding constitutional issues provided by the instructor.
Minimum Qualifications
Administration of Justice
Law (Masters Required)