Loading...
HomeMy WebLinkAboutCRJ-120Bergen Community College Division of Business, Social Science and Criminal Justice and Homeland Security Department of Criminal Justice and Homeland Security Master Course Syllabus Course Title: CRJ – 120 Practical Criminal Evidence Prerequisites: None Credit Hours: 3 lectures, 3 hours Instructors: Office Location: Department Secretary: (optional) Office Hours: Email Address: Course Description: This course focuses on a comprehensive, up-to-date overview of the study of the origin, development, philosophy, and constitutional basis of evidence; constitutional and procedural considerations affecting arrest, search, and seizure; kinds and degrees of evidence, and rules governing admissibility; judicial decisions interpreting individual rights and case studies. Student Learning Objectives: As a result of meeting the requirements of this course, students will be able to: 1. Explain the purposes for rules of evidence 2. Determine the best practices of rules of evidence to factual situations. 3. Predict constitutional issues and problems related to arrests and search and seizure of evidence. 4. Assess the admissibility of various kinds of evidence. 5. Discuss the laws and court decisions relating to evidence. Course Textbook Gregory Lee. Practical Criminal Evidence. Latest Edition Pearson/ Prentice Hall, 2007 Means of Assessment: • Participation in regular class discussion demonstrating familiarity with ready materials and the ability to listen to and appreciate positions of instructor and fellow students. • Ability of student to raise thoughtful opinions and engage in intellectual dialogue. • Apply learned knowledge through researching and submission of two evidence based research papers based on case law scenarios. • Successful performance on the assessment of tests and quizzes. • Completion of an emergency management and incident command system report applicable to the student’s community of residence. Special Features of the Course Power Point Presentations, Internet Application Resources, Video Presentations, and Court Decision Reviews for Discussion. Research, Thinking, Writing and or Examination Requirements Students are required to complete four written test evaluations, essay assignments, and a community research project addressing disasters, risk assessment, and mitigation. Grading Policy Final Course Grade(FCG): Four Examination 50% Two Projects 40% Attendance and participation 10% Attendance Policy Students are expected to attend all scheduled course dates and meeting times punctually. Attendance is generally reflected in a students overall class performance. Students, who regularly miss classes absent mitigating circumstances, will have difficulty completing the course with a satisfactory grade. A maximum of 10% will credited toward the final course grade for reasonable continuous attendance and class participation. Student class participation, attitude and observed effort will be considered in determining the students final grade. All absences affect class participation grade. One (1) point will be deducted for each absence Bergen Community College Grading Scale: A 4.0(90-100%) B+ 3.6(86-89%) B 3.0(80-85%) C+ 2.6(76-79%) C 2.0(70-75%) D 1.0(60-69%) Assignments: 1-Students are to collect articles on evidence based prosecution (minimum three) and prepare a report that is due week 8. 2- Paper/Presentation: Each student is to select a case decision concerning evidence that impacted the law enforcement evidence gathering. This research paper will be a minimum of five pages and pre a presentation on possible lessons learned and conclusions. This paper will be due week 10. Students will be required to prepare a 10-15 minute formal presentation of their papers to the class. Other College, Divisional and or Department Policy Statements See the master college catalog and student handbook for student responsibilities pertaining to: • Code of Student Conduct • Civility • ADA Statement • Sexual Harassment Statement • Statement on Plagiarism and Academic Dishonesty • Statement on Acceptable use of College Technology • Statement on the Purpose and Value of Faculty Office Hours Student and Faculty Support Services The distance Learning Office-for any problems you may have accessing your online courses Room C-334 201-612-5581 psimms@bergen.edu Smart thinking Tutorial Service On Line at: www.bergen.edu/library/learning/tutor/smart/ind ex.asp The Tutoring Center Room L-125 201-447-7908 The Writing Center Room L-125 201-447-7908 The Online Writing Lab (OWL) On Line at: www.bergen.edu/owl The Office of Specialized Services (for Students with Disabilities) Room S-131 201-612-5270 www.bergen.edu/oss The Sidney Silverman Library Room L-226 201-447-7436 Course Calendar WEEK / Chapter Topic Assignment One Fundamentals of Criminal Evidence Evolution of Evidence A. What is evidence? B. Proof and burden of proof C. Reasons for rules of evidence D. The evidence code E. Application of rules of evidence F. Doctrine of judicial notice G. Presumption Types of Evidence A. Real evidence 1. Defined 2. Examples B. Direct 1. Defined 2. Examples C. Circumstantial 1. Defined 2. Examples D. Prejudice E. Specific kinds 1. Character 2. Manner of proof 3. Character of victim F. Similar or related acts of circumstances 1. General 2. Intent, motive and knowledge 3. Common scheme or design 4. Inter-connected offenses G. Other circumstances 1. Possession of recently stolen property 2. Sudden affluence 3. Flight or other evasion 4. Complaint in sex offenses 5. Threats and prior difficulties Two The Criminal Trial Process . Detention and Arrest A. Constitutional authority B. Procedures-probable cause C. Evolution of case law 1. Weeks 2. Cahan 3. Rochin 4. Wolf 5. Mapp 6. Miranda Three Pleadings, Motions, Sentencing and Appeals A. Reporting and discovering procedures B. What is the right of discovery C. Importance to investigator D. Pre-trial discovery E. Right of discovery through preliminary hearing F. Prosecution's right of discovery G. Unavailability of original notes Four Defense Counsel's Role and Strategies Impeachment, Corroboration and Refreshing Memory A. Basic statutes-evidence code B. Impeachment C. Corroboration D. Refreshing recollection of memory E. Past recollection recorded Discovery Five The Prosecutor’s Role Introducing Evidence at Trial A. Proper handling of evidence and maintaining chain of evidence B. Connecting evidence with issues of trial C. Tactics of defense to discredit evidence Six The Exclusionary Rule Research paper one due A. History and development. B. Fruit of the Forbidden Tree 1- Supreme Court / Federal Court rulings 2- State Courts 3- Search and Seizures 4- Interviews and Interrogations Seven Search Warrants Search and Seizure A. History and development-case law B. The exclusionary rule- definition C. Define 1. What is search 2. What is seizure D. Search warrants E. Search incidental to arrest F. Consent search G. Search and seizure incidental to arrest 1. Cursory search 2. Temporary detention 3. Stop and frisk H. Search of 1. Houses 2. Vehicles 3. Other places Eight The Crime Scene Photographic Evidence A. Photographs as evidence B. First rule of admissibility-relevancy C. Second rule of admissibility-accurate representation D. Identification of a photograph E. Posed photographs F. Gruesome photographs G. Nude photographs H. Motion pictures as evidence I. Colored photographs J. Prints to be used as evidence Nine Physical Evidence Documentary Evidence A. Basic statutes-evidence code B. Best evidence rule C. Recordings D. Official writing Ten Audio, Video, Photographic and Computer Evidence A. Basic statutes-evidence code B. Statement of constitutional rights C. Miranda warning D. Case law affecting interviewing Eleven Confessions and Admissions Privileged Communication A. Basic statutes-evidence code B. General C. Attorney and client 1. Nature of privilege 2. Requirements 3. Exceptions D. Husband and wife 1. Privilege not to testify against spouse a. Nature of privilege b. Requirements c. Exceptions 2. Privilege for confidential marital communication a. Nature and purpose b. Requirements c. Exceptions E. Physician and patient 1. Nature of privilege F. Psychotherapist and patient 1. Nature of privilege 2. Requirements G. Clergyman and confessor 1. Nature of privilege H. Identity of informer 1. Nature of privilege 2. Disclosure necessary for fair trial 3. Where disclosure not required I. News media 1. Nature of privilege Twelve Lay and Police Witnesses Research paper two due Witnesses-Competency A. Definition B. Grounds for qualification and disqualification C. Analysis of statutory grounds thirteen Expert Witnesses The Opinion Rule A. Basic statutes-evidence code B. Non-expert testimony C. Expert opinion Fourteen Hearsay evidence Hearsay A. Defined B. Dying declaration C. Spontaneous or contemporaneous statements D. Statements against interest E. Mental state F. Business records G. Official records H. Family history Fifteen Testimonial Privileges III. Self Incrimination and Nontestimonial Compulsion A. Basic statutes-evidence code B. Nature of privilege C. Distinction between defendant and witness privilege D. Scope of privilege E. Granting immunity and effect F. What constitutes compulsion to testify G. Nontestimonial compulsion H. Brutal body examination I. Reasonable body examination Note to students: This course outline and calendar is tentative and subject to change, depending on the progress of the class.