Course Proposals Course Name:Legal Foundations of Criminal Justice  Course Prefix: MCJ Course Number: 6190              Submitted by (Name & E-Mail):  David Lynch, dlynch@weber.edu Current Date:  1/19/2010 College: Social & Behavioral Sciences Department:   Criminal Justice                               From Term: Spring  2011  Substantive new  Current Course Subject N/A Current Course Number New/Revised Course Information: Subject:  MCJ             Course Number: 6190 Check all that apply:     This is for courses already approved for gen ed.     Use a different form for proposing a new gen ed designation. DV  SI  CA  HU  LS  PS  SS  EN  AI  QL  TA  TB  TC  TD  TE Course Title: Legal Foundatons of Criminal Justice Abbreviated Course Title: Legal Foundations of Crim Jus Course Type:  LEC Credit Hours:  3.0  or if variable hours:    to Contact Hours: Lecture 3.0  Lab    Other Repeat Information:  Limit 0   Max Hrs 0  Grading Mode:  standard This course is/will be: a required course in a major program a required course in a minor program a required course in a 1- or 2- year program elective Prerequisites/Co-requisites: None Course description (exactly as it will appear in the catalog, including prerequisites): Broad survey of foundational legal topics relevant to criminal justice, including: criminal law, search and seizure, bail, right to counsel, self-incrimination, lineups, responsibilities of courtroom legal actors, speedy trial, impartial jury, plea bargaining, double jeopardy, sentencing law, inmate rights, juvenile law, death penalty law, and basic rules of evidence. No prerequisites. Justification: The idea behind this course is to expose graduate students in criminal justice to a sweeping overview of basic legal topics relevant to the criminal justice system. Criminal justice professionals can benefit enormously from exposure to a "bird's eye view" of the entire field. Criminal justice leaders often wish to know about and often are asked about the "in's and outs" of law as it relates to various aspects of the justice system. To facilitate learning and class discussion, students will be assigned to read many of the leading constitutional cases in the field of criminal justice, broadly defined. Classes will be discussion-heavy rather than lecture based. This course has been taught twice experimentally. Both cohorts of students gave very positive reviews of the course, including several recommendations that this should be a required core course in the master's program (though I only seek to make it an elective). There are currently four full-time faculty in the criminal justice department with law degrees, including two with both a J.D. and a Ph.D. Any one of these four would be competent to teach such a course. INFORMATION PAGE for substantive proposals only 1. Did this course receive unanimous approval within the Department? true If not, what are the major concerns raised by the opponents? 2. If this is a new course proposal, could you achieve the desired results by revising an existing course within your department or by requiring an existing course in another department? No. There is nothing like it being offered in the criminal justice department or by any other department on campus. The only law-specific courses currently offered in the criminal justice master's program are a course on "Law and Social Control" (a sociology of law course) and a course on "Contemporary Legal Issues" (which covers controversial, "hot topics" in the law). 3. How will the proposed course differ from similar offerings by other departments? Comment on any subject overlap between this course and topics generally taught by other departments, even if no similar courses are currently offered by the other departments. Explain any effects that this proposal will have on program requirements or enrollments in other department. Please forward letters (email communication is sufficient) from all departments that you have identified above stating their support or opposition to the proposed course. I cannot think of any overlap between this proposed master's degree course and other courses taught at Weber State. Consequently, there should be no effect on program requirements or enrollments in other departments. 4. Is this course required for certification/accreditation of a program? no If so, a statement to that effect should appear in the justification and supporting documents should accompany this form. 5. For course proposals, e-mail a syllabus to Faculty Senate which should be sufficiently detailed that the committees can determine that the course is at the appropriate level and matches the description. There should be an indication of the amount and type of outside activity required in the course (projects, research papers, homework, etc.).

LEGAL FOUNDATIONS OF CRIMINAL JUSTICE

MCJ 6190
Spring 2010
Thursdays @ 6:00pm in SS 226

David Lynch, J.D., Ph.D.

Office: SS 216

Phone: 626-6714

email: Dlynch@weber.edu

Office Hours: MWF at 1:30-2:30; Th at 5:00-6:00pm; or by appointment

Required Text: Weinreb, Lloyd L. ( 2009). Leading Constitutional Cases on Criminal Justice (2009 edition). New York: Foundation Press.

Objectives of Course: Law is among the most important subjects in the field of criminal justice. It not only has great practical value but also teaches ethical thinking, critical thinking, and analytical thinking. Criminal justice professionals are expected to know a lot about the law. This course will expose you to the basics of every important legal topic relevant to the criminal justice system, including: criminal law, search and seizure law, bail, the right to counsel, privilege against self-incrimination, lineups, prosecutorial responsibilities, defense attorney responsibilities, judicial responsibilities, right to a speedy trial, right to an impartial jury, the law surrounding plea bargaining, double jeopardy, law of sentencing, inmate rights, juvenile law, death penalty law, and a few other "must know" topics.

Reading Policy: I expect you to come prepared to each class by having read the assigned readings in advance for the day. To help motivate you to read, I will be giving a very brief mini-quiz at the start of each class based on the cases you were assigned. These brief quizzes will not be too difficult but will be designed to measure whether or not you have read the materials. If you are ill or have a legitimate emergency and therefore have to miss a class, let me know and I won’t count the quiz.

Grading: Your grade will be based on three things: (1) a midterm exam, (2) a final exam, and (3) your average on the weekly mini-quizzes. Each of these three items will be weighted equally in computing your course grade. The "final" exam will only include topics covered after the midterm exam (it is non-comprehensive). The weekly mini-quizzes will be multiple choice. The midterm and final exams will both contain a series of questions requiring paragraph-length written answers.

Attendance: Since I will be giving a mini-quiz at the start of each weekly class, attendance is required. If you miss the class, you will miss the quiz. Also, you will probably do much better on the major exams if you don’t miss any classes (since we only meet once per week).

READING SCHEDULE

Thur, Jan 7 Introduction to the Course (no reading)

Criminal Law (no reading)

A. What legally is a Crime?
B. Constitutional Limits on Criminalizing Misconduct
C. Basic Elements of every Crime

NOTE: Throughout the semester read only the MAJORITY OPINION of each case listed below. In other words, just read the main or majority opinion (which comes first). You do not have to read the concurring or dissenting opinions of other judges which often follow the main opinion. I may discuss these other opinions in class, but you are not expected to read them.

Thur, Jan14 Due Process of Law

Reading Assignments (main opinion only!)

Palko v. Conn. (p.3)
Adamson v. Calif. (p.8)
Rochin v. Calif. (p.24)
Griswold v. Conn. (p. 32)
Duncan v. Louisiana (p. 40)

Justification Defenses to Crimes (no reading)

Excuse Defenses to Crimes (no reading)

Thur, Jan 21 Search and Seizure Law

A. The Exclusionary Rule
     Mapp v. Ohio (p. 338)
     United States v. Leon (p. 365)

B. What is a Search?
     Katz v. United States (no reading)
     Calif. v. Greenwood (p. 269)

C. Warrantless Searches
     Consent: Florida v. Bostick (p. 215)
     Automobiles: Calif. V. Carney (no reading)
     Plain View (no reading)
     Exigent Circumstance (no reading)
     Frisk for Weapons: Terry v. Ohio (p. 432)
     Search Incident to Arrest/ Regulatory Searches (no reading)

D. Seizures
     Stops: Delaware v. Prouse (no reading)
     Arrests (no reading)

Thur, Jan 28 The Right to Counsel
Gideon v. Wainwright (p. 599)
Types of Free Counsel (no reading)
Douglas v. Calif. (p. 603)
Strickland v. Washington (p. 636)
Faretta v. Calif. (p. 660)
Right to an Impartial Jury
Lockhart v. McCree (no reading)
Correct Size of Juries
Williams v. Florida (no reading)
Jury Nullification of Law (no reading)

Thur, Feb 4 Privilege Against Self-Incrimination

Miranda v. Arizona (p. 742)
New York v. Quarles (no reading)
Rhode Island v. Innis (p. 784)
Doyle v. Ohio (p. 803)
Schmerber v. Calif. (p. 822)

Privileged Communications with Others
In Re: Grand Jury Subpoena (no reading)
In Re: Grand Jury Investigation (no reading)
Trammel v. United States (no reading)

Other Privileges (no reading)

Thur, Feb 11 Fairness in Lineups
United States v. Wade (p. 877)
Kirby v. Illinois (p. 889)
Simmons v. United States (p. 894)
Preliminary Hearings
Coleman v. Alabama (p. 904)

Right to Bail
Stack v. Boyle (p. 922)
United States v. Salerno (p. 925)
Categories of Evidence (no reading)

Relevancy of Evidence (no reading)

Thur, Feb 18 Law and Prosecutors
United States v. Armstrong (p. 936)
Miller v. Pate (no reading)
Kyles v. Whitley (no reading)

Law and Defense Attorneys
Argersinger v. Hamlin (no reading)
U.S. v. Gonzalez-Lopez (no reading)
Nix v. Whiteside (p. 651)

Law and Judges
Sheppard v. Maxwell (no reading)

Thur, Feb 25 MIDTERM EXAM (in the classroom)

Thur, Mar 4 Right to a Speedy Trial
United States v. Marion (p. 949)
Barker v. Wingo (p. 955)

Plea Bargains and Guilty Pleas
Santobello v. New York (no reading)

Types of Plea Bargains (no reading)
State v. Davis (no reading)
Brady v. United States (p. 965)
North Carolina v. Alford (p.973)
Bordenkircher v. Hayes (p. 977)
Boykin v. Alabama (no reading)
Libretti v. United States (no reading)

Withdrawing One’s Guilty Plea (no reading)

Thur, Mar 11 Jury Selection
Voir Dire Process (no reading)
Batson v. Kentucky (p. 982)
J.E.B. v. Alabama Ex Rel. T.B. (p. 994)
Georgia v. McCollum (p. 1002)

Deadlocked Juries (no reading)
Harmless Error Doctrine
State v. Campbell (no reading)
Sullivan v. Louisiana (p. 1009)

Proof Beyond a Reasonable Doubt (no reading)

Thur, Mar 18 SPRING BREAK (No Class)

Thur, Mar 25 Fair Trials

Steps of the Criminal Trial (no reading)
Illinois v. Allen (p. 1013)
Sell v. United States (p. 1019)
Estelle v. Williams (p. 1027)
United States v. Withorn (no reading)
United States v. Mezzanatto (no reading)
Crawford v. Washington (p. 1067)
United States v. Agurs (p. 1084)

Competency of Witnesses (no reading)
Lay Opinions v. Expert Witnesses (no reading)

Thur, Apr 1 Law of Sentencing
Four Classical Goals of Sentencing (no reading)

Sentencing Guidelines (no reading)
United States v. Grayson (p. 1129)
Ewing v. Calif. (p.1150)
United States v. Booker (p. 1170)
Apprendi v. New Jersey (no reading)

Inmate Legal Rights (no reading)

Thur, Apr 8 Double Jeopardy
Ashe v. Swenson (p. 1104)
Illinois v. Somerville (p. 1115)

Hearsay
Definition of Hearsay (no reading)
Exceptions to Hearsay (no reading)

Purposes of an Appeal (no reading)
Mechanics of an Appeal (no reading)
Frivolous Appeals
Anders Briefs (no reading)

Thur, Apr 15 Juvenile Law (no reading)

Death Penalty Law
Furman v. Georgia (no reading)
Gregg Georgia (no reading)
Atkins v. Virginia (no reading)
Roper v. Simmons (p. 1190– very long case so only case assigned)
Coker v. Georgia (no reading)

Thur, Apr 22 - FINAL EXAM (in the classroom: non-comprehensive)