CRJU 229
CRIMINAL DUE PROCESS
Mapp v. Ohio
Miranda v. Arizona
Gideon v. Wainwright
U.S. v. Leon
Morrissey v. Brewer
______
These and other U.S. Supreme Court cases define the American concept of justice. Due Process of Law in our Criminal Justice System is the balance between defendants’ rights and the state’s obligation to protect the citizenry.
Grade D – The student must average over 70% on the three exams or average
an acceptable brief.
CRIMINAL DUE PROCESS
General Information
1.
II.
Ill.
IV.
Meeting times and location
Check current course schedules
Text
1.
Criminal Procedure, Fifth Edition, by Joel Samaha West/Wadsworth. ISBN 0-534-54711-7
Course requirements
1. Students are required to obtain the text listed in section 11.
2.
A schedule will be announced at the first class covering the semester.
3. Students should keep pace with the material covered in class and read the text pertaining to the lecture.
4. Students who demonstrate their knowledge from reading text assignments in meaningful discussions in class will be rewarded extra credit.
5. Attendance is expected for- the full contact time each class meeting. Students . who arrive late or leave early will be given credit for partial attendance.
Grading
1. Grade A - The student must average a grade of 90% oil the three exams and I submit two briefs.
2.
Grade B - The student must average over 80% on the three exams and submit one brief.
3.
Grade C - The student must average over 70% on the three exams and submit one brief.
4.
Tests will be multiple choice. If the student misses the original scheduled test a make up test will be given the next week, an essay type.
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V.
VI.
VII.
Students with Disabilities
Students with disabilities may ask for assistance from the instructor. If you have a documented disability and need additional accommodation and or academic adjustments, contact the Disabilities Service Office at 224-2730.
Student Conduct Advisory
.Tbe by-laws of the Board of Trustees, Section 1.2024(m) authorizes a Student. Conduct code (College Regulation 63000R). Students should be aware that the standards of conduct specifically prohibit cheating and plagiarism in connection with an academic program. The enforcement procedures regarding the Student Conduct Code are fully explained in the student handbook. Any questions concerning this matter should be directed either to your Student Development Counselor or to the Director of the Student Life and activities.
Writing a Brief
A brief is a position or argument. Choose a case that has been decided by the United States Supreme Court. Take a position on the case; then:
1. Describe the events that occurred before the case went to court.
2.
What were the rulings in the lower courts and what was the ruling of the Supreme Court?
3. Was there a dissenting opinion, what was the position?
4.
If you were a Judge on the USSC. What would you rule and Why?
Hudson v McCarthy ----- prisoner search
U.S. v Gouveia----
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VIII. Supplementary Supreme Court cases for the preparation of briefs.
I
2.
3.
4.
5.
6.
7.
8.
9.
Arizona v Rumsey --- death penalty case
right to counsel
Califomia v Trombetta ---breath tests
Maybry v Johnson --plea bargaining
New York v Quarles -- Miranda warnings
Nix v Williams ---- exclusionary rules
Ohio v Johnson -- double jeopardy
Massachusetts v Sheppard ----defective warrant
10. Sefura U.S.----illegal entry
11. Spaziano v Florida -----death penalty
12. U.S. v Kars ----- right to privacy
13. U.S. v Leon --- exclusionary rule
14. Thomson v Louisiana ---- murder scene
15.
U.S. v Hensley ---- investigative stops
16. U.S. v Johns ---- search of packages
17. Ake v Oklahoma ----- insanity plea
18. BalI v U.S.----firearms
19. Hayes v Florida ---- fingerprints
20. U.S. v Sharpe ---- investigative detention
A. 1.1 Communicate information and ideas clearly and effectively in written form by writing briefs.
B. 1.2 Communicate information in class by discussion of issues and cases.
C. 1.5 Demonstrate effective listening skills.
D. 1.6 Demonstrate effective reading skills.
E. 2.1 Identify problems and analyze court decisions.
F. 6.1 Understand moral and ethical principles.
G. 6.4 Think critically about controversial societal issues.
H. 6.5 Understand the relationship between the individual and society.
I . 10.5 Analyze the causes and consequences of their own and others' prejudicial attitudes and discriminatory actions.
I. Core Competencies
II.
Assignments
A. Follow the objectives, read the chapter and be prepared to discuss the chapter issues m class each week.
B.
Obtain approval from the instructor on the case you are going to analyze for the brief.
C. Police actions that shock the conscience.
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Enjoy the learning and good luck.
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UNIT ONE
Upon completion of the unit the student will have an overview of the structure, process ad the constitutional provisions governing both the law and practice of criminal procedure
Objective 1, Chapter I
The student will understand the essence of criminal procedure.
A.
Balance between society and individual rights.
B. History of criminal procedure
The criminal process
C.
Objective 2, Chapter 2
The student will describe major components of the constitutional framework of the law. The chapter examines and critically analyses the due process of law.
A. Find the source of criminal procedure
1. Federal courts
2. State courts
3. Federal and State constitutions
B. History of the Due Process clause.
C. Police actions that shock the conscience.
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The student will acquire a knowledge of the laws of search and seizure by analysis of the fourth amendment.
A. Determine the purpose of search and seizure.
B. Fourth amendment analysis as it refers to searches.
C. Expectation of privacy, where?
Objective 4, Chapter 4
The student will acquire knowledge concerning the law of stop frisk by:
A. Reading the history of the law.
B.
Balancing the interests of stop and frisk
1. reasonableness
2. scope of the frisk
C. Basis for frisk stops
1. stops at the borders.
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UNIT TWO
Upon completion of this unit the student will be able to present various constitutional issues concerning: arrest, search, and interrogation.
Objective 5, Chapter 5
The student will examine the laws of arrest by:
1. defining-arrest
2. explaining the probable cause requirement. 3. examining the arrest procedure
4. procedure after arrest
Objective 6, Chapter 6
The student will acquire knowledge of the laws of search and seizure, and critically analyses the United States Supreme Court cases that led to the procedures for search.
A. Reviewing occasions when the fourth amendrnent applies.
B.
1. government conduct
2. expectation of privacy
Searches with warrants
C. Searches without warrants
- consent search
- vehice search
- container search
1. after arrest
2. after a seizure
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Objective 7, Chapter 7
The student will examine the need for special searches.
A. Inventory searches.
B
Border searches
C. Airport searches
D.
Jail searches
Objective 8, Chapter 8
The student will be aware of the Supreme Courts’ position on.confessions and the government's methods of obtaining them.
A. The due process test
1. Voluntariness
2. police conduct
3. characteristics of the accused
B. The right to counsel
C. Miranda and the fifth amendment
D. Clarifying Miranda.
1. after arrest
2. after a seizure
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Objective 7, Chapter 7
The student will examine the need for special searches.
A. Inventory searches.
B
Border searches
C. Airport searches
D.
Jail searches
Objective 8, Chapter 8
The student will be aware of the Supreme Courts’ position on.confessions and the government's methods of obtaining them.
A. The due process test
1. Yoluntariness
2. police conduct
3. characteristics of the accused
C. Miranda and the fifth amendment
D. Clarifying Miranda.
TEST TWO
E. The confession as evidence
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UNIT THREE
Upon completion of the third unit the student will know the formal proceedings in all areas of the criminal justice process including the remedies for government violations of the constitution.
Objective 9, Chapter 9
The student will study.the procedure for the identification of suspects. The student will understand the dangers of misidentification and the ramification of such a mistake.
1. line up
2. show up
3. photo lineup
4. video tape line up
B. DNA profiles
Objective 10, Chapter 10
The student will research U.S.S.C. decisions concerning the violations of constitutional rights and the remedies.
A. Identification process
Other process remedies
B.
A. The exclusionary rule I
I - the social costs
2. exceptions
1. dismissal
2. entrapment
3. expungement
Civil actions
C.
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Objective 11, Chapter 11
The student will learn the formal procedures to make the decision to charge a citizen with a crime.
A. Probable cause determination
B. First appearance
C.
1. bail
2. preventive detention
Theright to counsel
Objective 12, Chapter 12
The student will learn the system from arrest to conviction to sentencing.
A. Testing government's case
1. motions
B. Grand Jury procedures
C.
Conviction
1. bytrial
2. by guilty plea
D. After conviction
- sentencing
2. appeal