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Oct 30, 2013 (3 years and 9 months ago)

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1


CRIMINAL PROCEDURES



T
-
TH

Course Syllabus
CJV
05

FALL

2013

Professor Ted O. Prell


NOTE TO STUDENT:

This course is transferable to any California State University (CSU). As such the work
you do in this course must be of CSU quality.


Phone Number:

805
-
289
-
6145


E
-
mail:
tprell@vcccd.edu

DO NOT Send Any Emails to Me via D2L

NOTE:

If you are going to email me be sure you
list your name and the course
name/number

in the subject box. Without that
I do not open

the

email, especially if I
do not recognize the email name or address. I respond to all emails from students, even if
my response is as simple as “I received your email.” If you send me an email and do not
receive a response from me it is because
I did not
get it
. With spam blockers and other
filter systems on VCCCD there is a possibility that our system may block out your email.
If this is the case it is your responsibility to find another way to communicate with me.


Office Hours:

Mondays/Wednesdays:
2:30
-
3:30 PM

Tuesdays/Thursdays: 1:15
-
2:45 PM

Or by appointment


Office Location:

CR
C
-
10
6


CLASS SCHEDULE:

T
-
TH
:
1
2
:
0
0
-
1:
15PM


CHEATING OR PLAGIARISM

Ventura

College takes academic honesty very seriously, since ethical behavior and
integrity are vital components of ensuring mutual respect across campus. Instructors,
accordingly, have the responsibility and authority for dealing with instances of cheating
or pl
agiarism that may occur in their classes. Such activities could include stealing tests,

2

using “cheat sheets,” copying off another’s test, or turning in someone else’s work as
his/her own.Further, instructors have the responsibility to report instances of
cheating to
their Deans in that cheating in any form is a violation of the Ventura College Student
Conduct Code and as such is subject to investigation, charges of misconduct, and
disciplinary consequences
.
See
the current

Ventura College Catalog; Academi
c Policies
and Appendices sections.

For further information on Academic Honesty, please see
venturacollege.edu
.


I subscribe to the academic policies found in
the
Ventura College Catalog. Although
all
are important
,
pay particular attention

to those policies on
Attendance and Absence
,

and
Academic Honesty
.


Ventura College

believes
, as do I,

that honesty is vital to the integrity of our College
programs, our courses, within our entire college community, and especially in the
classroom.

Acad
emic dishonesty (such as cheating) is defined as

an act of obtaining or
attempting to present academic work through fraudulent or deceptive means in
order to obtain credit for this work. This dishonesty and/or cheating by whatever
means, including electro
nic, is
described

as, but is not limited to:

1.

Submitting work previous
ly presented in another course

2.

Copying in whole or in part from another student’s test or paper

3.

Using sources or material not authorized by the instructor

4.

Altering or interfering with grading policies

5.

Sitting in for an exam for another student or by another students

6.

Plagiarizing work, such as copying sentences, phrases, or passages without citing
the source, while writing a paper or doing research and subm
itting this work as
his/her own

7.

Sharing your paper information during an exam, test, or quiz.”


NOTE:
The above “Academic Honesty” items,
especially number 2, 6 and 7
, apply to
any essay, research paper, test, exam, quiz or other assignment given in this

class as well
as those that may be of a “take home” nature unless specifically waived by me.
For help
on how to properly cite sources without plagiarizing (cheating), please make an
appointment with an English tutor (see p.
6

below)
.


There will be
3

tes
ts. Each test will be worth 2
0
0 points.
The lowest score
of the
three

tests

will automatically be deleted.
Tests will cover text, handout and supplemental
materials
and
includ
e

notes written on the whiteboard by the instructor
, guest lecturer
or
as a re
sult of group activities. Because you will be deleting the lowest score there will be
NO

make
-
up tests. You must take the test at the time designated
by the instructor,
unless

an alternative date is approved
by the instructor

BEFORE

the scheduled test.


There will also be five Brief, Brief, Very Short Briefs written by you due at a time and
date as designated by the instructor.
See pp.

4 and
7
-
9
.




3

DATES TO REMEMBER:

Except for the Final
test
these dates are tentative and subject to change.



September 26
,

2013
-
Test #1



October 24
, 2013


Test #2



November 21
, 2013

-

Test #3



December 12
, 2013


Final
12:30 PM


2:30 PM


REQUIRED TEXT:

This text is available on D2L at no cost to you.

Criminal Procedure A Case Approach,

8
th

ed. by Judy Hails



It is important to

obtain the text, bring it to every class meeting and do the reading
assignments from it. In
-
class exercises from the text reading assignments will be
made and being prepared for those assignments are an integral part of the grading
process.



Chapters cove
red in the required text are:

Week Number
and Date

Chapter
Number

Chapter topic

Notes


1

8
-
19

Orientation




2

8
-
26


1


Criminal Procedure as
a Constitutional Issue



3

9
-
3


2

Warrant Requirement



4
-
5

9
-
9

&
9
-
16


3


Field Interview



6
-
7


9
-
23

&

9
-
30



4

Arrest and Booking


8

10
-
7


5



Vehicle Searches



9

10
-
14


6


Observations of
Evidence Not Covered
by Reasonable
Expectation of Privacy



10
-
11

10
-
2
1 & 10
-
2
8


9



Privilege Against Self
-
Incrimination



12
-
13

11
-
4

& 11
-
12


10


Identification
Procedures



14

11
-
18


11



Right to Counsel



15

11
-
25


12


Other Issues Related to
Criminal Trials.



16

12
-
2


1
3




First Amendment
Issues



17

12
-
9


14 and
Catch
-
up/Review

The Exclusionary Rule



4

Following the
schedule in the below chart you will write a BBVSB addressing the
cases as noted. They are due on the dates seen below.

These dates are tentative and subject to change.


10
-
8
-
13

Camara v. Municipal Court: Chapter 2; On
-

line
text
pp. 10
-
12, text

book
, pp.
34
-
36

10
-
1
5
-
13

California v. Hodari: Chapter 3; On
-
line text
pp. 19
-
20, text book pp.75
-
76

10
-
2
2
-
13

Chimel v. California:
Chapter
4
; On
-
line text
pp.
8
-
1
0, text book pp.
106
-
107

10
-
2
9
-
13

Arizona v. Gant:
Chapter
5
; On
-
line text pp.

4
-
6.
This case does

not appear in the
hard
copy
text book

11
-
5
-
13

Berkemer v. Mc Carty:
Chapter
9
; On
-
line text
p.
24
, text book pp.
284
-
285


DESCRIPTION:

Students will review and discuss legal processes from pre
-
arrest, arrest through trial,
sentencing, and correctional procedures. A review of the history of case and common law
and conceptual
interpretations

of law as reflected in court decisions will be di
scussed.
The course will use case law methodology and research
to

review the impact these
decisions have had on the justice system.


CONDUCT:

Students are expected to maintain a professional demeanor at all times.

“Sidebar” conversations are rude and di
stracting to the surrounding students as well as

the instructor and will not be tolerated.

Please be considerate and respectful of others both inside and outside the classroom.

Students are encouraged to participate in class discussion and exercises/acti
vities as
appropriate.

Please respect the learning environment by listening when others (including the
instructor) are speaking or participating as requested during and outside of class.


GRADING:

Grades will be based on a point method (refer below) and
will emphasize the importance
of
attendance and participation.


Questions on quizzes and tests come from a variety of sources including, but not limited
to; lecture, the text, videos, PowerPoint presentations, guest lecturers, notes placed on the
whiteboard by the instructor or as the result of work done in group exerc
ises, etc.
Therefore attendance to gather all of the material is vitally important to successful
completion of this course.

The
re
will be
consequence
s

for missed classes, early departures, and tardies as follows:

Missing 9

hours or more


100 points


N
OTE:

Three (3) tardies equal one absence.

It is
your responsibility

to
ensure

I have documented your presence if you come in
after

I have taken roll or you leave
before

I take roll.


5

The student
may

be dropped from the class
upon

missing the
ninth

hour
.
Do

not

depend on me to drop you if you exceed the nine hour standard.

It is
your
responsibility
to track
your
absences, tardies, or early departures.


As
an example
, for this class,
you

can miss
only
six

(
6
)

class meetings before being
in
jeopardy of being
dropped from the class

or
losing 100 points

from the final grade.

NOTE:
T
he only excused absences are for jury duty and military duty.

Other than that
t
here is no such thing as an
excused
absence; you are in class or you aren’t.

Ther
e is
no
“make
-
up” process

for work and/or classes missed.


Attendance is an important part of the educational/learning process.
My expectation

is
that you will
attend
,
be on time
, and
stay

for each entire class. See above under
“GRADING.”


PLEASE NOTE
:
N
o assignment
, including exams, will be accepted
after

the due date

(refer to “dates to remember” above)
EXCEPT

with the approval
, in advance,

of the
instructor. Any exception will be granted on a case by case basis. It is the student’s
responsibility to seek approval

to turn in late work

during the instructor’s scheduled
office hours or by appointment
.

Any papers or other assignments that are
turned in late will result in a reduction in
the number of points awarded for that assignment.


GRADING CRITERIA



3 tests @ 200 pts. ea.

400 pts.(delete the lowest score)



5 BBVSBs @ 50 pts. ea. 250 pts.



Final

350 pts.


Total



1000 PTS
.


900
-
1000


Points = A

800
-
899




= B

700
-
799




= C

600
-
699 “

= D

Less than 600

“ = F


Do not

wait until the last minute to do your assignments. Excuses
for late work
such as
“I didn’t have time to do it, I had to work overtime, I had child care problems, I had a
sports event to participate in, I was sick, etc.” will not be accepted.


Do not

turn in your work by leaving it in my box
OR

e
-
mail me your assignments unless
you get my permission first.

Be sure the computer you are using and its software are compatible (I.E. Word v. Word
Perfect, IBM v. Mac, etc.) with other computers you might be
using to ensure you have
your work done on time. I will not accept flash drives or CDs.


Unless otherwise specified, a
ll work

will be
type written

using standard academic

font,
(12 characters per inch cpi, usually Times New Roman


but any font will work

as long
as it is legible) and
double spaced
.
Failure
to meet this criteria could result in a reduced
grade or a zero (“0”) grade for that work.


6

If you have any special needs for educational assistance or you are not sure if you have
special needs I encour
age you to go to, or call (
805
-
289
-
6300
), the Educational
Assistance Center (EAC) and explore their services and resources that may help you as a
college student. I will be happy to provide you with directions to the EAC or to take you
directly there. Th
is course requires a lot of written communication. It would be to your
best interest, if you think you may need help in the area of reading comprehension and/or
writing skills, to take advantage of the EAC or other college resources available to you.

For

other Support Services refer to the
current

Class Schedule
.


Tutors

Ventura college students can receive
free

tutoring at the Tutor

Center located on the first
floor of the LRC. English tutors are available by both appointment and drop in basis.
These tut
ors can help with the “homework” assignments. While they may not know the
details of the actual class material, the English tutors can be of benefit when it comes to
helping you
flesh

out your ideas, writing at a college level, and using proper citations.
Note however, this is not a “proof reading” service. You must be willing to sit down and
work together with the tutor.


Ventura College also has a Reading and Writing Center located in LRC
-
155
,
805
-
289
-

6371
. This center assists students developing their reading and writing skills.


Turn off your cell phone or put it on vibrate in class. Answering a phone call or text
message during class is strongly discouraged. If you get a call/text during class, and
you
must respond to it, quietly leave the classroom and quietly reenter when you are through.


Use of electronics

in

class is prohibited and will be cause for exclusion from class.


STUDENT LEARNING OUTCOMES

Upon successful completion of this course the

student will be able to :



A
nalyze legal concepts



D
emonstrate proficiency in case law, criminal procedure updates and custodial
laws



I
dentify right to counsel and trial rights issues


ASSESSMENT METHOD:



Writing assignments; Reading assignments;
Multiple choice, essay and/or
true/false Tests; In
-
class activities; Discussions


STUDY GUIDE:

Study guides will be emailed to the student about one week prior to the scheduled test.
If you
attend lectures, take notes, participate in class activities AND review the student material
in
your text
you can better prepare for examinations.


TRANSFER POTENTIAL

For transferability information, please consult the
Ventura College Catalogue

loc
ated on the
web a
t
http://www.students.vcccd.edu/cats/vc_13
-
14 catalog.pdf
. For additional

7

transferability information contact the
Ventura College Counseling Department, the Transfe
r
Center, or the ASSIST website, at
http://www.assist.org
.


COLLEGE POLICIES

College
-
wide policies are stated in the Ventura College Catalog and include enrollment
limitations, student rights, cancellation of classes,
affirmative action, drug and alcohol policy,
alcohol/drug free environment, sexual harassment policy, campus security policy, student
right to know act statement, student rights and responsibilities, academic integrity, student
appeals, grievance procedure
, and disciplinary procedure. The catalog is available on the
internet at
http://www.students.vcccd.edu/cats/vc_13
-
14_catalog.pdf
.


STUDENT ACADEMIC INTEGRITY

Ventura Community College

is committed to providing students with a quality education
that upholds high academic standards; the academic integrity of each student is valued.
Academic integrity means academic honesty or the ethical adherence to guidelines set by
individual instruct
ors and the College. The academic integrity of each student is crucial
not only to that individual student’s quality of education but to the academic reputation of
Ventura College as a whole. Academic dishonesty jeopardizes individual students and the
educ
ational mission of Ventura College.

For more information regarding possible violations, penalties, and procedures, see the VC
Catalog, available on the internet at
http://www.students.vcccd.edu/cats/vc_13
-
14_catalog.pdf
.


DISABILITY ACCOMODATION STATEMENT

Any student who feels he or she may need an accommodation for any type of disability
should make contact with the
Educational Assistance Center (EAC)

in the
Administration

building
. Phone (
805
)
289
-
6300.


NON
-
DISCRIMINATION STATEMENT

It is the policy of
Ventura

College and their Board that there will be no discrimination
or harassment on the grounds of sex, race, color, marital status, sexual orientation,
reli
gion, national origin, age or disability in any educational programs, activities, or
employment. Persons having questions about equal opportunity and nondiscrimination
should contact

Mr. David Bransky, Assistant Dean, Student Services, Title IX Officer,
an
d Section 504/ADA Coordinator, (805) 289
-

3138 or Dean Tim Harrison,
289
-
6348/6121


BRIEF, BRIEF, VERY SHORT BRIEF (BBVSB)

Throughout the semester you will be assigned
a BBVSB selected from your text,
either in groups,
individually or both.
For instance:


THE CASE AS IT APPEARS ON
pp
. 14
-
15 OF THE TEXT

(
SEE p
p
. 12
-
13 ON LINE TEXT
)

Haynes v. Washington: 373 U.S. 503, 10 L.Ed. 2d 513, 83 S.CT. 1336 (1963) (SEE p. 14

-

ON
LINE TEXT, p. 12
)

Facts:

On Thursday, December 19, 1957, Spokane police ar
rested Haynes for robbing a gasoline
service station. He admitted the crime en route to the police station but was booked for
“investigation.” Shortly after arriving at the station at about 10 P.M., Haynes was questioned for

8

about one
-
half hour by Lt. Wak
eley. Haynes again admitted the crime. Haynes was then placed
in a lineup and identified by witnesses as one of the robbers. During the evening Haynes made
several specific requests to call an attorney and his wife. Police denied the requests and told
Ha
ynes he could make a call if he confessed. Starting at about 9:30 A.M. the next morning,
Haynes was questioned for about an hour and a half, this time by detectives Peck and Cockburn.
Haynes again was told that he could only call his wife if he made a con
fession. He made an oral
confession and a written confession was transcribed. He was taken to the prosecutor’s office,
again denied permission to call his wife, and another statement was taken and transcribed.
Haynes signed the first statement but refus
ed to sign the second one. Later that same afternoon,
Haynes had a preliminary hearing after which he was transferred to the county jail. Either the
next Tuesday or Thursday he was returned to the prosecutor’s office. Haynes refused to sign the
second w
ritten statement because he still had not been allowed to call his wife or to see about
obtaining an attorney. He was held incommunicado either five or seven days (Haynes could not
remember the exact dates. (
SEE p. 14

-

ON LINE TEXT, p. 12
)

Issue:

Did ho
lding Haynes incommunicado as an interrogation tactic violate due process? (
SEE
p. 14

-

ON LINE TEXT, p. 12
)

Reasoning:

(
SEE p. 1
5
-

ON LINE TEXT, pp. 12
-
13
) Not necessary as a component of your
BBVSB.

Disposition:

Conviction Reversed; coerced confession is inadmissible at trial.

(
SEE p. 1
5
-

ON
LINE TEXT, p. 13
)


It is
necessary

to do the BBVSB
exactly

as described below

(
NOTE IT IS DOUBLE SPACED
,
12 CPI
)
. These exercises will be preparing you for writing
five

BBVSBs for
points
. There will
be
grade consequences

for not following the instructions.


AN EXAMPLE OF HOW THE CASE MIGHT APPEAR IN YOUR “BRIEF, BRIEF, VERY SHORT BRIEF”

CITE
(CITATION): Haynes v. Washington: 373 U.S. 503, 10 L.Ed. 2d 513, 83 S.CT. 1336 (1963)

FACTS:

Haynes was arrested for robbery by police, admitted it, and was identified by witnesses. In
a period of five or seven days he signed a confession but was not allo
wed to call or see his attorney
or wife.

ISSUE:

Did holding Haynes incommunicado as an interrogation tactic violate due process?
DISPOSITION:

Conviction Reversed; coerced confession is inadmissible at trial.




The “Citation” (
see above
) is the case name and address designated in the text as “1.5a”
for the “Haynes” case. You will designate this “Citation” for your BBVSB as “CITE”
and it must be written
exactly

as identified in the text.



The “Facts” will be further “briefed” in the BBVSB
from what is in your text to a shorter
version that contains the key elements, as described above (See “FACTS.”)



The “reasoning” as identified in the text will be DELETED from the BBVSB.



The “Issue” will be
exactly

as it is written in the text.



The “Dispo
sition” will be
exactly

as it is written in the text.


NOTE
how all references to the times, dates, location and police specific names have been
deleted from the above BBVSB.

DO NOT

put the page reference (
SEE pp. 14
-
15

for instance) in

9

the BBVSB.
The

abo
ve
case as it appears on pp. 14
-
15 of the text example is for your reference

ONLY
.