5 page paper+ abstract

Department of Criminal Justice

North Carolina Central University

2019 Spring Semester

Monday: 6:00-8:30

CRJU 4510: Criminal Law, Procedures, and Court Processes

OFFICE HOURS:

Monday After Class

Other times - by appointment.

COURSE DESCRIPTION

a. Call, J. E. (2000). The United States Supreme Court and the Fourth Amendment: Evolution from Warren to Post-Warren Perspectives. Criminal Justice Review, 25(1), 93-117.

b. Ross, D.L. & Myers, J. J. (2009). Officer Safety Trumps Passenger Privacy: Arizona v. Johnson (2009). Criminal Justice Review, 34(3), 468-481.

c. Reitzel, J. & Piquero, A. R. (2006). Does It Exist? Studying Citizens’ Attitudes of Racial Profiling. Police Quarterly, 9(2), 161-183.

d. Bloss, W. P. (1998). Warrantless Search in the Law Enforcement Workplace: Court Interpretation of Employer Practices and Employee Privacy Rights Under the Ortega Doctrine. Police Quarterly, 1(2), 51-69.

e. Buerger, M. E. (2002). Supervisory Challenges Arising from Racial Profiling Legislation. Police Quarterly, 5(3), 380-408.

f. Visher, C.A. (1992). Pretrial Drug Testing: Panacea or Pandora's Box? The ANNALS of the American Academy of Political and Social Science, 521(1), 112-131.

g. Garcia, A. (1987). Miranda Revisited: The Erosion of a Clear Standard. Journal of Contemporary Criminal Justice http://ccj.sagepub.com/cgi/reprint/3/3/19?ijkey=R/6EFjiLCl41Q&keytype=ref&siteid=spccj

h. Turtle, J. & Want, S. C. (2008). Logic and Research Versus Intuition and Past Practice as Guides to Gathering and Evaluating Eyewitness Evidence. Criminal Justice and Behavior, 35(10), 1241-1256.

i. Brewer, P. R. & Ley, B. L. (2010). Media Use and Public Perceptions of DNA Evidence Science Communication, 32(1), 93-117.

j. Alexander Jr., R. (1990). The Mapp, Escobedo, and Miranda Decisions: Do They Serve A Liberal Or A Conservative Agenda. Criminal Justice Policy Review, 4(1), 39-52.

k. Sagarin, E. & Macnamara, D. E. J. (1970). The Problem of Entrapment. Crime & Delinquency, 16(4), 363-378.

l. Vaughn, M. S. (1996). Police Civil Liability and the First Amendment: Retaliation Against Citizens Who Criticize and Challenge the Police. Crime Delinquency, 42(1), 50-75.

m. Sigler, R. T. & Formby, W. A. (1978). The Necessity of Bail Reform. Criminal Justice Review, 3(1), 1-7.

n. Urbaniak, E. T. (1962). Rights of Prisoners in Confinement. Crime Delinquency, 8(2), 121-126.

o. Rosenbach, E. (2008). The Incisive Fight: Recommendations for Improving Counterterrorism Intelligence. The ANNALS of the American Academy of Political and Social Science, 618(1), 133-147.

p. Sach, E. (2007). Illegal Stops and the Exclusionary Rule. Roger Williams University Law Review, 22, 263, 268.

q. Demy, G (2017). Allowing “Lawless Police Conduct” in Order to Forbid “Lawless Civilian Conduct”: The Court Further Erodes The Exclusionary Rule in Utah v. Strieff. Hastings Constitutional Law Quarterly, 44(4), 393-432.

r. Scharpf, F. (1966). Judicial Review and the Political Question: A Functional Analysis. The Yale Law Journal. 75(4), 517-597. doi: 10.2307/794865.

s. Eule, J. (1990). Judicial Review of Direct Democracy. The Yale Law Journal .99(7), 1503-1590. doi: 10.2307/796652.

t. Wechsler, H. (1954). The Political Safeguards of Federalism: The Role of the States in the Composition and Selection of the National Government. Columbia Law Review, 54(5), 543-560, doi: 10.2307/1119547.

u. Dry, M. (1987). Federalism and the Constitution: The Founders’ Design and Contemporary Constitutional Law. Constitutional Commentary, 4, 233-250.

v. Meece, E. (1985-86). The Supreme Court of the United States: Bulwark of a Limited Constitution. South Texas Law Review, 27 S. Tex. Law R., 455-466.

w. Maggs, G. (2007). A Concise Guide to the Federalist Papers as a Source of Original Meaning of the United States Constitution, 87 B.U. L. Rev. 801.

x. Morrison, A. (1986). The Administrative Procedure Act: A Living and Responsive Law. Virginia Law Review, 72(2), 253-270. doi: 2307/1073058.

y. Daye, C. (1974-75). North Carolina’s New Administrative Procedure Act: An Interpretive Analysis. North Carolina Law Review. 833-924.

Assessment:

Students will be evaluated on each of the outline requirements using the following techniques: Written test, video analysis, case briefings, journal article review and research paper. Grades will be determined according to the following breakdown and scale. For all assignments, grades will be based on correct answers as well as quality and presentation of the assignment. For instance, grades for papers will reflect not only the substance of the paper but also how well the paper was written. Assignments that contain spelling mistakes, obvious grammatical errors, and incomplete sentences will be penalized.

Grade Scale:

A = 900 - 1000 points

B = 800 – 899 points

C = 700 – 799 points

D = 600 – 699 points

F = 698 and lower

Deadlines and Policies for Late Work and Makeup Exams

Assignments must be submitted by the set deadlines except in extenuating circumstances. Work obligations and assignments in other courses are not extenuating circumstances. Late assignments are not accepted. Student must inform and ask for approval prior to deadlines for any considerations.

Incomplete Grades

Incompletes are rarely granted except for the most extreme circumstances and are entirely at the discretion of the instructor. An agreement to receive an Incomplete (I) grade may only be negotiated if circumstances do not allow you to finish the course on time and you have completed at least 80% of the course work with at least a “C” grade. The Incomplete Removal Policy of the university is available on the Registrar web site:

http://www.nccu.edu/formsdocs/proxy.cfm?file_id=1561

Grading Grievance: Procedure for Challenging Course Grade

http://www.nccu.edu/formsdocs/proxy.cfm?file_id=1561

POLICIES

Attendance: 

Class attendance is expected of students at North Carolina Central University and represents a foundational component of the learning process in both traditional on-campus and online courses.  Students should attend all sessions of courses for which they are registered for the entire scheduled period and are responsible for completing all class assignments.  Instructors will keep attendance records in all classes.  Grades should not be impacted by attendance but only by one’s performance.  

If a student misses three consecutive class meetings, or misses more classes than the instructor deems advisable, in addition to entering the information into Grades First, the instructor will report the facts to the student’s academic dean for appropriate follow-up. Students who miss class to participate in university-authorized activities are given excused absences for the missed class time.  It is the student’s responsibility to inform the instructor of such activities at least one week before the authorized absence, and to make up all work as determined by the instructor.   In addition, the College of Behavioral and Social Sciences will also refer students to the department chair who miss a total of four classes whether consecutive or not for the appropriate follow-up.  Extenuating circumstances will be handled on an individual basis by the Office of the Dean.

NOTE: As of Fall 2017, NW and NF attendance grades will no longer be assigned .

Statement of Inclusion/Non-Discrimination

North Carolina Central University is committed to the principles of affirmative action and non-discrimination. The University welcomes diversity in its student body, its staff, its faculty, and its administration. The University admits, hires, evaluates, promotes, and rewards on the basis of the needs and relevant performance criteria without regard to race, color, national origin, ethnicity, sex, sexual orientation, gender identity, gender expression, age, disability, genetic information, veteran's status, or religion. It actively promotes diversity and respectfulness of each individual.

Student Accessibility Services

Students with disabilities (physical, learning, psychological, chronic or temporary medical conditions, etc.) who would like to request reasonable accommodations and services under the Americans with Disabilities

Act must register with the Office of Student Accessibility Services (SAS) in Suite 120 in the Student Services Building. Students who are new to SAS or who are requesting new accommodations should contact SAS at (919) 530-6325 or [email protected] to discuss the programs and services offered by SAS. Students who are already registered with SAS and who would like to maintain their accommodations must renew previously granted accommodations by visiting the SAS website at www.nccu.edu/SAS and logging into Eagle Accommodate .

Students are expected to renew previously granted accommodations at the beginning of each semester, preferably during the first two (2) weeks of class. Reasonable accommodations can be requested at any time throughout the semester; however, they will not be effective retroactively. Students are strongly encouraged to contact their professors to discuss the testing and academic accommodations that they anticipate needing for each class. Students identifying as pregnant or other pregnancy-related conditions who would like to request reasonable accommodations and services under Title IX must register with the Office of Student Accessibility Services.

Confidentiality and Mandatory Reporting

All forms of discrimination based on sex, including sexual misconduct, sexual assault, dating violence, domestic violence, and stalking offenses, are prohibited under NCCU’s Sexual Misconduct Policy (POL 01.04.4). NCCU faculty and instructors are considered to be responsible employees and are required to report information regarding sexual misconduct to the University’s Title IX Coordinator. The Sexual Misconduct Policy can be accessed through NCCU’s Policies, Rules and Regulations website at www.nccu.edu/policies/retrieve.cfm?id=450. Any individual may report a violation of the Sexual Misconduct Policy (including a third-party or anonymous report) by contacting the Title IX Coordinator at (919) 530-7944 or [email protected], or submitting the online form through https://cm.maxient.com/reportingform.php?NCCentralUniv&layout_id=15.

Other Campus Programs, Services, Activities, and Resources

Other campus resources to support NCCU students include:

· Student Advocacy Coordinator. The Student Advocacy Coordinator is available to assist students in navigating unexpected life events (e.g. short-term illness/injury, loss of a loved one, personal crises) and guide them to the appropriate University or community resources. Students may also receive assistance with resolving some emergency financial concerns; understanding NCCU policies, rules and regulations; or general problem-solving strategies. Contact Information: Student Services Building, Suite 236, (919) 530-7492, [email protected] .

· Counseling Center. The NCCU Counseling Center is staffed by licensed psychologists and mental health professionals who provide individual and group counseling, crisis intervention, substance abuse prevention and intervention, anger management, and other services. The Counseling Center also provides confidential resources for students reporting a violation of NCCU’s Sexual Misconduct Policy. Contact Information: Student Health Building, 2nd Floor, (919) 530-7646, [email protected] .

· University Police Department. The University Police Department ensures that students, faculty and staff have a safe and secure environment in which they can live, learn, and work. The Department provides a full range of police services, including investigating all crimes committed in and around its jurisdiction, making arrests, providing crime prevention/community programs, enforcing parking regulations and traffic laws, and maintaining crowd control for campus special events. Contact Information: 2010 Fayetteville Street, (919) 530-6106, [email protected] .

Academic Honesty Policy

Be sure that you understand the university’s Academic Honesty Policy In the event you experience difficulty during the submission of any assignment or while taking any examination or quiz, you should contact the Blackboard Office immediately or the University IT Office in order to preserve the record of the technical difficulty. If you do not contact either BB or the IT office, then an independent judgment will be made by your instructor. The link to the Academic Honesty Policy is as follows: http://www.nccu.edu/formsdocs/proxy.cfm?file_id=1674

NCCU Honor Code – http://www.nccu.edu/formsdocs/proxy.cfm?file_id=1674

Recording (audio or video) lectures: Permission must be granted by professors to have a lecture recorded or videoed.

Students Responsibilities

1. Students must sign up for Eagle Alert on the Emergency Webpage.

1. Adverse Weather – Call NCCU’S Information Line (919-530-7220).

Classroom Behavior

Students will be dropped from the course by the instructor for the following reasons:

a. Cheating on exams

b. Plagiarism

c. Personal conversations after being warned twice

d. Texting in class after being warned twice

e. Viewing non class related material on computers and tablets

f. Not removing hats and durags being warned twice

Course Schedule and Topics

Each week we will endeavor to cover one-chapter’s worth of material. This schedule is tentative,

should we fall behind, material and dates will be adjusted accordingly. The final week is designated presentation of research papers and revision.

Video Analysis

You will view a video, tv show, or movie that relates to criminal law and procedure. Examples are Law and Order, One Adam 12, Dragnet, NYPD Blue, etc.

Provide a brief overview

What components of the criminal justice system involved?

What are the levels of government involved?

What are the branches of government involved?

Who are the key players involved?

What laws were involved?

What did you find most interesting as it relates to criminal law, procedures and the court process?

Grading Matrix

20% Follows APA Guidelines (Cover page, reference page, in paragraph citations, etc. No abstract needed)

60% Addresses All Aspects of Assignment (full sentence and paragraph format)

20% Grammar and Spelling

Case Brief

These case briefs will be written using the IRAC Method.

How to Brief a Case Using the “IRAC” Method

When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by briefing a case, you will grasp the problem the Court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the fact (the analysis); and the outcome.

Facts

Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s address is probably not relevant to the court’s decision on product liability, but might be relevant regarding a personal injury matter. So you will have to make a judgment on what is and what is not relevant insofar as facts are concerned.

Procedural History

What court authored the opinion? The United States Supreme Court? The California Court of Appeals? The Second Circuit Court of Appeals? Follow the case through the different courts. If the court of original jurisdiction, in federal cases, most likely the U. S. District Court, made a decision what was it and what was the outcome? If that same case was heard and decided upon by a Court of Appeals, such as the 4th Circuit Court of Appeals in Richmond, make comment as to the outcome of the case. If the circuit then heard the case en blac, make the appropriate comments. Say after all of this, the case was granted a writ of “cert” by the Supreme Court of the United States, what was the ruling. When making comment concerning the procedural history make sure someone can follow the case from start to finish.

Issue

What is the question being presented to the court? Generally, in appellate cases in particular, only one issue is addressed, but sometimes there may be more. What are the parties “fighting” about? Remember under English Common Law, our system is an adversarial system.

Rule(s)

Determine what the relevant rules of law are that the court uses to make its decision. These rules are generally identified and discussed at length. What are the relevant law for the topic being discussed? Has there been stare decisis or precedent established? There may be more than one rule based on the nature of the case.

Application/Analysis

This is the most important section of the brief. The court will have examined the facts in light of the rule and probably considered all “sides” and arguments presented to it. How courts apply the rule(s) to the facts and analyze the case must be understood in order to properly predict outcomes of future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule? Resist the temptation to simply restate what the court said in their interpretation. Summarize the application of the law and analysis thereof in your own words.

Conclusion

What was the final outcome of the case? In one or two sentences, state the court’s finding.

Opinion

In addition to the information in the model provided, students are to provide a substantive, personal reflection on the court opinion. (For instance, did you agree, disagree? Why was the decision correct or incorrect in your opinion?)

You may find this You Tube video to be of some help:

https://www.youtube.com/watch?v=fZK38vru_GM

https://www.youtube.com/watch?v=TuX_xQRdhGk

Again, all case briefs will use the IRAC method of briefing a case.

Journal Article Review and Analysis

You are to choose an academically peer reviewed article on a topic involving criminal procedure. The article is of your choosing as long as it discusses criminal procedure. A journal review has a specific format to follow: {Paper must be done under the following subheadings}

I. Introduction and purpose of the article.

II. Study methodology or theoretical framework of the article.

III. Analysis/discussion and findings

IV. Your assessment of any impact on criminal justice professionals

V. Your thoughts as to whether this is a positive or negative change and why

VI. Your recommendations

VII. Article must be submitted with the written paper.

Rubric for Grading

Research Paper and Presentation

Research Topic. The research should be based on Victims of Crimes. In doing the research the following should outline should be followed.

a) Abstract

b) Background to your topic

c) Objective – Why are you researching this topic?

d) Research question/ Hypothesis

e) Literature review

f) Methodology – How was data collected

g) Data analysis and discussion- What was the outcome of your research followed by a discussion.

h) Conclusion and recommendations.

i) References.

NOTE: All topics MUST be approved by Me.

Rubric for Grading

1