CRIMINAL LAW AND PROCEDURE
LAW 3840
T. EDMONDS
Class:
Call #TimeDaysRoom
FCL Dept: 3290 SCH
Office: 3234 SCH
Office Hours:
Office Telephone: 269 387-5728
E-mail:
This Class will meet as reflected in the schedule of assignments below. To be successful, a seminar format course such as this is dependent upon the attendance and participation of the enrolled students. Students who fail to attend at least 80% of the class sessions may anticipate a reduction in final grade.
Students must complete the readings and other assignments before the class period for which they are assigned. Examinations will be based upon the material assigned, as well as matters raised or amplified in lecture and class discussion.
Class participation furthers the learning process, and the Instructor reserves the right to enhance a student’s grade up to one half a letter grade (e.g. “B” to “B+”) for exemplary participation.
Academic Honesty
You are responsible for making yourself aware of and understanding the policies in the Undergraduate Catalog that pertain to Academic Integrity. These policies include cheating, fabrication, falsification and forgery, multiple submission, plagiarism, complicity and computer misuse. If there is any reason to believe you have been involved in academic dishonesty, you will be referred to the Office of Student Conduct. You will be given the opportunity to review the charge(s). If you believe you are not responsible, you will be given the opportunity for a hearing. You should consult with me if you are uncertain about an issue of academic honesty prior to the submission of an assignment or test.
The total points attained on quizzes, examinations and assignments will determine a student’s final course grade. Course grades will be determined on a competitive curve having an average value of between 2.5 and 2.75, depending upon the overall class performance.
Point values for tests, quizzes and assignments are as follows:
Court Attendance*:100 points
First Quiz:150 points
Mid-term Exam:450 points
Second Quiz:150 points
Group Exercise:150 points
Final Exam:450 points
Total: 1450 points
*Students are expected to attend and observe proceedings in either the 8th District Court or the 9th Circuit Court and prepare a report on what they observed. A Court schedule and further instructions will be distributed in class.
Attendance at a scheduled quiz or test is mandatory. Non-attendance will result in a failing grade unless the Instructor has been contacted prior to the scheduled date and time for the quiz or exam, an excuse has been presented to and accepted by the Instructor, and the Instructor has agreed to alternative arrangements for the taking of the quiz or exam.
Schedule of Assignments
The instructor reserves the right to adjust this schedule as necessary to accommodate class discussion and weather emergencies.
Class PeriodDateAssignment
1Course Introduction, Fundamentals of Criminal
Law
2Fundamentals of Legal Research and Case Study
3Constitutional Limitations on Criminal Law
Brandenburg v Ohio, 395 US 444, 89 S. Ct. 1827
(1969); United States v O’Brien, 391 US 367, 88 S.
Ct. 1673 (1968); Cohen v California, 403 US 15,
91 S. Ct. 1780 (1971)
4Law of Arrest United States v Mendenhall, 446 US
544, 100 S. Ct. 1870 (1980); Dunaway v New
York, 442 US 200, 99 S. Ct. 2248 (1979); Payton v
New York, 445 US 573, 100 S. Ct. 1371 (1980)
Steagald v United States, 451 US 204, 101 S. Ct.
1642 (1981); Terry v Ohio, 392 US 1, 88 S. Ct.
1868 (1968) MCLP pgs 4-10
5Law of Arrest continued
6Law of Arrest continued; FIRST QUIZ
7Admissions, Confessions and Identification
Procedures Dunaway v New York, supra;
Miranda v Arizona, 384 US 436, 86 S. Ct
1602 (1966); Nix v Williams, 467 US 431,
104 S. Ct. 2501 (1984) Edwards v Arizona,
451 US 477, 101 S. Ct 1880 (1981);
8Admissions, etc. continued
9Admissions, etc. continued
10The Exclusionary Rule Mapp v Ohio, 367
US 643, 81 S. Ct. 1684 (1961); United States v
Leon, 468 US 897, 104 S. Ct. 3405 1984);
Massachusetts v Sheppard, 468 US 981, 104 S. Ct.
3424 (1984)
11Search and Seizure Under Law; The Constitutional
Foundations of the Doctrine; The Search Warrant
Amendment IV, The United States Constitution;
Art. 1, Sec. 11 Michigan Constitution; Katz v
United States, 389 US 347, 88 S. Ct. 507 (1967);
12Searches Under Warrant and Search Warrant
Execution Draper v United States, 358 US 307,
79 S. Ct. 329 (1959); Illinois v Gates, 462 US 213,
103 S. Ct. 2317 (1983) MCLA 780.653
MCLA 780.651
13REVIEW AND MID-TERM EXAM
14The Recognized Exceptions to the Search Warrant
Requirement.
15Exceptions continued
16The Criminalization of Conduct; Limitations.
17Elements of a Crime.
18The Required State of Mind for Criminal Culpability; mens rea
19Specific, General and non-Intent Crimes
20Liability Without Fault, and Business Crimes
21SECOND QUIZ
22Specific Business Crimes.
23Maintenance of Public Order; the Defenses of
Entrapment, Insanity, Self Defense.
24Evidence and Privileges.
25The Grand Jury
26The Trial of a Criminal Case
27Review
28FINAL EXAM
NOTE: the last day to withdraw without academic penalty is .