CJ4044-001: Courts and Judicial Process
School of Public Affairs
University of ColoradoDenver
Fall Semester, 2008
North Classroom 1207, 2:30-3:45 p.m., Tuesday, Thursday
Instructor: Dr. Eric D. Poole
Office: 1380 Lawrence St. Center, Suite 500J
Hours: Tuesday, Thursday 1:00-2:00 p.m., 4:00-5:00 p.m. (or by appointment)
Contact: phone: 303-315-2245; fax: 303-315-2229; email:
Course Description
This course examines the basic functions, structure, and organization of the federal and state court systems, with special attention on the criminal courts, exploring the role of law and lawyers in society, the impact of court and judicial systems on public policy, the decision-making patterns of actors in judicial process, the politics of judicial process, the ideological orientations of the judiciary, the procedures of pretrial, trial, and appeals, as well as theoretical and research models for studying judicial process. This course provides an overview of courts and the judicial process. The goal here is to obtain a well-grounded understanding of court policies and procedures—with "process" being defined in this context as how well an organizational system is served by its formal and informal practices. Associate Justice Benjamin Cardozo of the United States Supreme Court assessed the judicial process as how well court systems and the judiciary contributed to society's welfare. Judicial decisions have a great impact on society, not just in criminal or constitutional law, but in a wide range of criminal justice system policies, including police, courts, and corrections.It is within this larger context of criminal justice policymaking that the problems and prospects for reform of judicial process will be considered.
Course Objectives
1. To increase familiarity with basic concepts in the study of judicial systems;
2. To examine historical trends in the impact that judicial process has on society;
3. To explore contemporary issues relating to actors in judicial process; and
4. To understand formal and informal organization and practices of judicial process.
This course has an analytic objective as well. A significant part of one’s education as a student and future professional is to learn how to think, read, and write critically. To this end, students are expected to ask questions, synthesize various sources of information, develop new ideas and insights, and formulate claims. Students will develop these skills by logical reasoning (analytic deduction and induction), the development and proof of arguments, and the assessment of opposing perspectives.
Required Text
Lawrence Baum, American Courts: Process and Policy, 6th Edition (2008)
Supplemental Readings
Selected articles from social science journals and law reviews, along with state and federal judicial opinions, that address issues relevant to criminal justice system processes, policies, or procedures will be assigned throughout the semester based on derivative areas of substantive interest generated by the core readings, class discussion and student interests. These readings will be made available on-line or distributed in class.
Course Requirements and Policies
1. Attendance. I do not take attendance; however, I strongly encourage you to attend every class session and expect you to take personal responsibility for material covered in classes that you miss. I will not provide lecture notes and I do not give makeup lectures in office hours for missed class periods.
2. Reading Assignments. All the readings assigned in this syllabus and supplemental readings added throughout the semester are mandatory. This means that you should read all of the materials and be prepared to be examined on them even if we do not discuss them in class. Our class discussion will focus primarily on the Baum text, as well as the supplemental readings that will be assigned throughout the semester. It is your responsibility to keep up with the all reading assignments. You should read the appropriate material prior to the class for which it is assigned, be prepared to discuss and ask questions about it, and to be examined on it. You should also bring your text to class each week, along with any assigned supplemental readings.
3. Syntheses and Discussion Questions. Periodically during the semester, I will divide the class into several groups. Each group will be responsible for synthesizing the most important concepts and issues presented in the assigned readings in support of a particular claim or argument. Students will also be responsible for contributing to a discussion advancing their respective group’s position by rebutting any opposing perspectives of the issues to augment the synthesis.
4. Midterm and Final Exams. There will be a midterm exam and a final exam administered in class on the dates indicated in the Course Outline (below). All material we cover in class and in the readings, including news articles we discuss, films we see, and guest speakers we hear, will be subject to examination. The exams will be comprised of 50 objective-type questions (e.g., multiple choice, matching and “fill-in-the-blank” format) and will be about 1 hour long. The exams will be administered and taken without the use of any course-related materials (i.e., “closed-book” exams). There will be no review sessions for the exams. The final exam will be cumulative insofar as terminology and understanding of the completed material may be required for subsequent exams, but the specific questions will be drawn from material covered since the mid-term exam. The mid-term exam will be worth 40% and the final exam will be worth 60% of your final course grade.
5. Grading Policy. Both the mid-term exam and the final exam in this course will be graded on a standard 100 point scale, with the final grade average weighted 40% and 60%, respectively. Final grades will be assigned based on the following weighted average grade earned: A=100-93%, A-=92-90%; B+=89-87%, B=86-83%, B-=82-80%; C+=79-77%, C=76-73%, C=72-70%; D+=69-67%, D=66-63%, D-=62-60; F=59-0%. Final grades are subject to upward or downward adjustments based on the scholarly contributions reflected in your syntheses and contributions to classroom discussion. Evidence of the traditional indicia of scholarship (e.g., originality, relevance, logical consistency, and impact) will be assessed and taken into consideration in making adjustments to final grades amounting to no more than a 1/3 increase or decrease in the earned letter grade (e.g., “B+” to “A-” or “B-” to “C+”). For GPA computations, the grade points assigned to final course letter grades are as follows: A=4.0 grade points, A-=3.7 graded points, B+=3.3 grade points, B=3.0 grade points, B-=2.7 grade points, C+=2.3 grade points, C=2.0 grade points, C-=1.7 grade points, D+=1.3 grade points, D=1.0 grade point, D-=0.7 grade point, and F=0.0 grade point.
6. Missed Assignments or Exams. All students are expected to be in class to participate in assignments and take exams. Make-up assignments or exams will be allowed only for excused absences. These include the death or serious illness of an immediate family member, friend, or significant other, personal illness, work-related exigency, or a religious holy day that is traditionally observed. Students must provide written documentation for these absences. Additionally, for religious holy days, students must submit their notification of absence, along with requisite documentation, two weeks in advance of the absence to be excused. If these conditions are met, students will be permitted to make up assignments or take a make-up exam or its functional equivalent (as determined by the instructor) as close to the original due date as reasonably possible (which, under certain circumstances, may be before the due date). If there are other reasons for students to miss an assignment (e.g., a previously scheduled personal or job-related obligation), they must inform the instructor within the first week of classes to be considered eligible for alternative scheduling of the assignment or the exam. Those students who do not meet these conditions, as well as those qualifying students who fail to complete the make-up assignment or exam within the prescribed period of time, will receive a zero for the assignment or the exam.
7. Incomplete Work. An Incomplete grade (“I”) is given at the instructor’s discretion and only when students, for reasons beyond their control and with timely submission of relevant supporting documentation, have been unable to complete course requirements. The terms and conditions of arrangements for successful completion of the course (including specific time limits and deadlines) are determined by the instructor with the informed consent of the student; this agreement will be formally documented in writing. Upon completion of the course requirements, the appropriate letter grade will be submitted to the Registrar by the instructor. This letter grade will appear alongside the “I” on the student’s transcript. If no report is received from the instructor within one year of original course completion, the grade will automatically become an “F.” Students who stop attending class without notifying in writing both the instructor and the SPA office will receive a grade of “F.” It is the responsibility of the student to request a grade of “W” when he/she needs to withdraw officially from a course. Should the student later wish to receive credit for any course for which a “W” has been recorded, he/she will have to register, pay for tuition again, and complete all the course requirements.
8. Course Etiquette. To promote a civil learning environment, students should observe the following classroom rules: (1) Set cell phones and pagers to silent; answer them only if absolutely necessary (i.e., a situation with attendant conditions where a reasonable person under similar circumstances would deem it necessary to answer the call). If you must answer the call, leave the classroom as unobtrusively as possible before commencing your conversation. (2) Arrive to the classroom prior to the official starting time for class; be in your seat and prepared to begin activities at 2:30 p.m. sharp. Excessive tardiness that tends to disrupt normal class activities should be studiously avoided. (3) Do not do work on readings or assignments for other classes. (4) Do not use audio or video recording devices in class. A laptop computer may be used to assist in taking notes. (5) Refrain from side conversations during either lectures or class discussions/presentations that may disrupt or interfere with these activities.
University Policies
1. Student Conduct & Discipline. The University has rules and regulations for the orderly and efficient conduct of its business. It is the responsibility of each student to be knowledgeable about the rules and regulations which govern student conduct and activities. [See the UC Denver Policies and Guidelines web site () for a complete guide to the policies and procedures for students in their academic pursuits.]
2. Academic Integrity. The UC Denver and SPA expect from its students both personal responsibility and academic honesty. Because the value of an academic degree depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrate a high standard of individual honor in his or her scholastic work. Scholastic dishonesty includes, but is not limited to, statements, acts, or omissions related to applications for enrollment or the award of a degree, and/or the submission as one’s own work or material that is not one’s own. As a general rule, scholastic dishonesty involves one of the following acts: cheating, plagiarism, collusion, or falsifying academic records. Students suspected of academic dishonesty are subject to disciplinary proceedings, which may lead to failure on an assignment or exam, a failing final grade assigned for the course, and suspension or dismissal from the university. Students are expected to be knowledgeable of and act in good faith accordance with campus policies about academic honesty as stated in the University’s Student Conduct Code. [Consult UC Denver Catalog 2008-09, Academic Honor Code and Discipline Policies, Code of Student Conduct.]
3. Email Use. The University recognizes the value and efficiency of communication between faculty/staff and students through electronic mail. At the same time, email raises some issues concerning security and the identity of each individual in an email exchange. The University requires all official student email correspondence be sent only to a student’s UC Denver-assigned email address and that faculty and staff consider email from students to be official only if it originates from a UC Denver student account. This allows the University to maintain a high degree of confidence in the identity of all individuals corresponding and the security of the transmitted information. The University furnishes each student with a free email account that is to be used in all communication with University personnel. UC Denver-assigned student email addresses have the following format:
A student may activate his/her official email account by visiting the following web page:
On this page, select “Student” under DDC in the Accounts Eligibility table. Click on the link under Account Activation and follow the instructions. You will need your Student ID and PIN to activate your account. Students must activate and use their University assigned email accounts for all electronic correspondence in this class. It is expected that official email from the University, SPA, and the instructor will be read by students in a timely fashion.
4. Disability Services. Students with a disability that is within the provisions of the Americans with Disabilities Act must inform their instructor at the beginning of the term of their special needs, including equipment, which they feel are essential for completing the requirements of this course. The instructor will make every effort to provide reasonable accommodations when and where appropriate. Students with disabilities who believe that they may need accommodations in this class are encouraged to contact the Office of Disability Resources and Services (DRS), 177 ArtsBuilding (303-556-3450, TTY 303-556-4766) as soon as possible to coordinate and implement accommodations in a timely fashion. DRS provides students with letters to present to faculty members to verify that the student has a disability and needs accommodations.
Note: Students receive a copy of this syllabus on the first day of class for its consideration in detail. By their enrollment in this course, students agree to comply with the terms and conditions explicitly incorporated herein. If there are any subsequent modifications of this syllabus, including both content and implementation, or any course-related announcements made in class or via official email, it will be the responsibility of the student to learn what those modifications and/or announcements are. The failure of a student to learn of any change or modification will not be a basis for excusing the student from the requirements of this syllabus, or any subsequent changes, modifications, or announcements.
Course Outline and Text Reading Assignments (Baum)*
Date Topic Reading Assignment
8/12, 8/14: Overview of the Courts Chapter 1
8/19, 8/21: Federal Court Organization Chapter 2
8/25-8/29: No Classes; Campus Closed for DNC
9/2, 9/4: State Court Organization Chapter 2
9/9, 9/11: The Legal Profession Chapter 3
9/16, 9/18: Prosecutors & Defense Attorneys Chapter 3
9/23, 9/25: Judicial Selection Chapter 4
9/30, 10/2: Judicial Selection (cont.) Chapter 4
Judicial Performance Chapter 5
10/7, 10/9: Judicial Performance (cont.) Chapter 5
10/14: Mid-Term Exam
10/16: Criminal Courts: Charging & Chapter 6
Plea Bargaining
10/21, 10/23: Criminal Courts: Charging & Chapter 6
Plea Bargaining (cont.)
Criminal Courts: The Trial Chapter 6
Process and Sentencing
10/28, 10/30: Criminal Courts: The Trial Chapter 6
Process and Sentencing
Civil Courts Chapter 7
11/4, 11/6: Civil Courts (cont.) Chapter 7
Appellate Court Process Chapter 8
11/11, 11/13: Appellate Court Process (cont.) Chapter 8
11/18, 11/21: Appellate Court Policy Chapter 9
Colorado Supreme Court Case Study Supplement
11/24-11/28: Fall Break
12/2, 12/4: Appellate Court Policy (cont.) Chapter 9
U.S. Supreme Court Case Study Supplement
12/8-12/12: Finals Week (Day and Time TBA)
*Dates are tentative and subject to change, at the discretion of the instructor, based on weekly coverage of assigned materials. Specific weekly assignments will be announced in class and are controlling.
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