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Evidence and Criminal Procedure

CJ 270W

Evidence and Criminal Procedure

CJ 270W

Course Description

Prerequisite: READING LEVEL 2 or WRITING LEVEL 2 and any one course from the Criminal Justice Discipline or any POL 103, POL 104, or POL 212 course with a “C” or better or permission of the instructor. Studies the rules of evidence as it affects the criminal justice process. Includes an overview of criminal procedure as it pertains to the rules of arrest, search, and seizure, which regulate law enforcement, and protects citizen's rights of privacy and presumed innocence. (45-0)

Outcomes and Objectives

Describe the United States Supreme Court, Appellate courts, and other Federal Court systems.

Objectives:

  • Cite various levels of state courts and their specific responsibilities.
  • Describe various aspects of the adversary system and the individual roles of the participants.
  • Relate pretrial procedures including:

Demonstrate the learning of concepts through writing.

Objectives:

  • Analyze course content in written form.
  • Explain the subject matter in a coherent writing style.

Examine the judge/jury trial and those features that are an integral part.

Objectives:

  • Explain all facets of the judge/jury trial including jury deliberations.
  • Relate those legal factors that affect rules of evidence.
  • Explain concept of reasonable doubt / judicial notice.
  • Cite difference between relevance and materiality.
  • Define concept of circumstantial evidence.
  • Differentiate between arrest, search, and seizure with appropriate rule.
  • Cite appropriate Supreme Court decisions as they relate to guilt or innocence.

Analyze the conceptual differences as they relate to interrogations, confessions, and non-testimonial evidence.

Objectives:

  • Define interrogation v. interview.
  • Cite requirements of the Miranda warning.
  • Explain concept of eyewitness identification.
  • Relate methods of conducting lineups and Wade decision.
  • Explain legal requirements for use of photographs.
  • Relate rules of blood and breath samples as well as other physiological measurements and evidence.

Analyze procedures to conduct examination of diverse witnesses.

Objectives:

  • Demonstrate methods of examining witnesses.
  • Define concept of competency of witness.
  • Explain differences between Adversary versus Inquisitorial System.
  • Define concept of self-serving declarations.
  • Cite rules of witness' use of memorandum or records.
  • Define methods for impeachment of witnesses.
  • Demonstrate methods for cross-examination of witnesses.
  • Cite rules for giving opinion evidence.
  • Explain hearsay rules of evidence and its exceptions.

Demonstrate the methods of presenting various types of exhibits and other types of evidence.

Objectives:

  • Cite methodology to document evidence in general.
  • Explain Best and Secondary Evidence Rule.
  • Describe regulations for presentation of routine physical evidence.
  • Define scientific evidence and rules pertaining to:
  • Relate necessity and methods of collection, preservation and custody of evidence.

Presentation of sentencing concepts.

Objectives:

  • Describe the Rule of Sentencing.
  • Explain concept of Judicial Discretion.
  • Relate significance of sentencing disparity.
  • Present necessity of conducting pre-sentence investigation.

Analyze and demonstrate and understanding of landmark cases.

Objectives:

  • Describe and assess the significance of each of the following court cases:

Perform writing tasks to promote learning of concepts.

Objectives:

  • Document attainment of skills learned.
  • Demonstrate knowledge of the subject.

Write effectively for a specific audience and purpose.

Objectives:

  • Articulate important ideas.
  • Select, organize, and present details to support a main idea.
  • Employ conventions of written, edited, standard English (WESE) or the language of instruction.
  • Use appropriate vocabulary for the audience and purpose.