Description:

Studies the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U. S. Constitution and their impact on contemporary police practices. Students analyze Supreme Court decisions concerning arrests, searches, seizures, self-incrimination, and post-indictment right to counsel.

Outcomes:

After completing this class, students should be able to:

• Introduction
• An overview of the criminal justice process
• Students will learn the elements of diversity – the primary role of state authority
• Student will learn the steps in the process form the report of the crime through collateral remedies
• Students will learn the administrative environment concerning the variety of offenses, public concern and caseload pressures.
• The nature and scope of the 14th amendment – due process clause: the Federal Supervisory Power; State Rights Protections
• Students will learn the total incorporation and selected incorporation theories about the 14th amendment
• Student will study the problem of bodily extractions and take a look at how the “due process” and “selective incorporation” were used in the court’s analysis
• Student will study the federal courts supervisory power over the administration of federal criminal justice
• Student will learn the new federalism in criminal procedure and new limitations on states rights protection.
• The right to counsel, transcripts and other aides; Poverty, Equality and the Adversary System.
• The student will learn the right to appointed counsel and other related problems.
• The students will learn about the right to appointed counsel in proceedings other than criminal prosecutions.
• Police Practices
• Issues concerning the police, the courts and the criminal process.
• The student will study various academic articles covering the spectrum facing today’s criminal justice system.
• Students will learn about some of the complexities facing a culturally diverse society.
• Arrest, search and seizure
• The student will learn about the exclusionary rule
• The student will learn about the legal definition of protected areas and interest
• The student will learn about the probable cause requirement for constitutionally permitted intrusion by the police
• Students will learn about the issuance and execution of search warrants
• Students will learn about warrantless search is permitted
• Students will learn under what conditions a stop and frisk of a person is permitted
• Student will study other warrantless search of the person
• Students will study the problems concerning consent searches
• Wiretapping, electronic eavesdropping, the use of secret agents to obtain incriminating statements, and the fourth amendment
• Student will study the historical background concerning the constitutionality of police spying
• Student will learn about Title III of the Crime Control Act and its constitutional application
• Students will learn about the use of secret agents with and without electronic devices to obtain incriminating statements.
• The defense of entrapment
• Students will learn about the appropriate tests for discerning entrapment.
• Police interrogations and confessions
• Student will learn through academic articles some of the different perspectives that exist concerning police conduct
• Student will learn about the historical backdrop concerning police interrogations and confessions and contract it to today’s trend
• Students will learn about the Miranda requirement and gain an understanding about its ramifications concerning police conduct
• Student will learn about the old due process or the “voluntariness” test and contrast it against Miranda to gain a better understanding of police interrogations
• Line ups show ups and other pretrial identification procedures
• Student will learn the constitutional concerns about the dangers involved in eyewitness identifications
• Students will study the problems associated with due process and other limitations concerning eyewitness identification
• Commencement of formal proceedings
• Pretrial Release
• Students will study the right to bail and pretrial release procedures
• Students will study the constitutionality of preventive detention
• Location of the prosecution
• Students will learn about federal and state venue and jurisdiction
• The right to a speedy trial and right to speedy disposition at other steps in the criminal process
• Students will learn about the constitutional right to a speedy trial
• Student will discuss the right to other speedy dispositions
• The adversary system and determination of guilt or innocence
• Assistance of counsel
• Student will learn about the right to represent oneself
• Students will learn about the right to counsel of one’s own choice
• Student will learn about he meaning of the right to effective assistance of counsel
• Student will learn about an indigent’s right to have an appointed counsel
• Trial by jury
• Students will learn about the right to a jury trial as well as a right to wave a jury trial
• Student will learn about the jury selection process and its relationship with societal tensions
• The ban against double jeopardy
• Student will discuss the role of the prosecution after a mistrial, acquittal, and conviction
• Appeals and post-conviction review
• Appeals
• Students will learn about the defendant’s constitutional right to an appeal and how the appeal process works
• Students will learn about he scope of appellate review and when it is and is not binding upon police