Procedural Law

CJ 3243 / PSCI 3413
Spring 2005

Office Hours
Monday:	1:30 – 2:30
Tuesday:	9:00 – 12:00 and 5:00 – 6:00
Wednesday:	9:00 – 10:00 and 1:30 – 2:30
Thursday:	9:00 – 12:00
Other Times by Appointment

COURSE OBJECTIVES: The primary course objective is to provide students with a foundation in the theoretical and legal elements of the law of criminal procedure. This objective is achieved through mastery of the following:

Essential vocabulary that will enable the student to understand basic concepts involved in criminal procedure.
The constitutional foundations of criminal procedure.
The emergence of new constitutional issues caused by the exponential growth of technology.
Analytical application of vocabulary and concepts to various factual situations.
Understanding the impact of procedural law on police, prosecutors, and the courts.

REQUIRED TEXT:

Title: Criminal law and Procedure (5^th Edition)

COURSE GRADE

Your grade will come in the form of four (4) examinations and a class project. Each exam will consist of approximately 50 points in any possible combination of formats, including essay. The grading scale is as follows:

90% - 100%	A
80% - 89%	B
70% - 79%	C
60% - 69%	D
Below 60%	F

Grade Components:
4 Exams @ 20% each	80%
Briefs	20%
Total	100%

Project: Your project will consist of writing a portfolio of case briefs. Instructions as to format and content will be given out in class. Briefs will come due as we reach those topics in the lecture; specific dates will be specified in class.

CLASSROOM DECORUM:

1. ACADEMIC DISHONESTY: Seeking, obtaining, or accessing information in any form or by any method other than the unprompted knowledge of the student constitutes cheating. Plagiarism is the presentation of the work or ideas of another as one’s own. Cheating on tests or plagiarism will result in a failing grade for the course and be referred to the Dean of Students for additional review (see p. 49 of the UAM 2003 – 2005 Catalog for a description of the University’s disciplinary procedure).

Unless specifically stated by the instructor, all assignments are to be completed by you alone. Do not work in groups unless specifically authorized to do so. Two or more students collaborating on an assignment will be considered plagiarism. When preparing case briefs, your work must be your own analysis of the case—taking ideas and texts from briefs on the internet constitutes plagiarism.

2. ATTENDANCE, PARTICIPATION AND TARDINESS: Students are expected to participate in class discussions. Attendance is critical to success in this class. If you are more than 10 minutes late for class, don’t come at all. Entering class late is disruptive and discourteous to other students. Late students will not be allowed to sign the roll.

Any missed material is the responsibility of the student.

6. MAKE UP EXAMINATIONS AND LATE WORK:

MAKE UP EXAMINATIONS WILL NOT BE GIVEN. Failure to take an exam during the scheduled time period will result in a failing grade for the exam. However, upon the occurrence of serious illness or other extremely compelling circumstances, supported by incontrovertible evidence, one make-up exam may be given. Missed exams will be taken on the last regularly scheduled day of class. Such exams will always be in a long essay format. Late work will not be accepted. Deadlines are just that; early work is always accepted. If you think there is the slightest possibility that your computer will fail, your printer will malfunction, or a feral goat will eat your paper, plan to turn it in with a few days safety margin.

Special Note: The instructor reserves the right to administratively withdraw students from the class who cause a disruption to the learning environment or otherwise fail to conduct themselves in a manner befitting a student at the University of Arkansas at Monticello. Any behaviors expressly forbidden in the University Catalog are grounds for such withdrawal. Do not converse with other students and do not bring noisemaking electronic devices to class. This includes cell phones, beepers, and so forth. (Public safety professionals are exempt from this requirement while on duty).

STUDENTS WITH DISABILITIES:

It is the policy of the University of Arkansas--Monticello to accommodate individuals with disabilities pursuant to federal law and the University's commitment to equal educational opportunities. It is the responsibility of the student to inform the instructor of any necessary accommodations at the beginning of the course. Any student requiring accommodations should contact the Office of Special Student Services located in Harris Hall Room 120; phone

870 460-1026; TDD 870 460-1626; fax 870 460-1926.

IMPORTANT DATES:

January 18	Last Day to Register or Add Classes
April 6	Last Day to Drop with a W
April 29	Last Day to Withdraw from Class
May 5	Final Exam

TENTATIVE TOPICS

The following is a tentative outline of the material we will cover this semester. Students are expected to read all relevant text materials before the topics are to be discussed in class. Remember to read for retention as all reading assignments cover material that will likely be seen again on exams. Reading a chapter means also reading the included cases.

Unit 1

Introduction to the Legal System [Chapter 1]
Legal Research [Appendix A]
Preparing Case Briefs

Briefs:
Hurtado v. California, 110 U.S. 516     FindLaw
Brady v. United States, 397 U.S. 742     FindLaw
Cruz v. Beto, 405 U.S. 319     FindLaw

Unit 2

Organization of the Criminal Justice System [Chapter 2]

Briefs:

Duncan v. Louisiana, 391 U.S. 145     FindLaw
Williams v. Florida, 399 U.S. 78     Findlaw
MARBURY v. MADISON, 5 U.S. 137 (1803)     Findlaw

Unit 3

Constitutional Limitations on the Law [Chapter 3]

Briefs:

United States v. Brown, 381 U.S. 437     Findlaw
Miller v. Florida, 482 U.S. 423     Findlaw
Barnes v. Glen Theatre, 501 U.S. 560     Findlaw

Test 1

Unit 4

Search and Seizure [Chapter 15]

Briefs:

United States v. Ramsey, 431 U.S. 606     Findlaw
Hester v. United States, 265 U.S. 57     Findlaw
Harmon v. State, 277 Ark. 265 (1982)     LexisNexis
State v. Brown and Williams, CR 03-914 (Ark. March 25, 2004)     LexisNexis
Sims v. State, CR03-63 (Ark. April 1, 2004)     LexisNexis
Weber v. State, 326 Ark. 564 (1996)     LexisNexis

Test 2

Unit 5

Arrests, interrogations, and Identification Procedures [Chapter 16]

Briefs:

State v. Sullivan, 348 Ark. 568 (2002)     LexisNexis
Brenk v. State, 311 Ark. 579 (1993)     LexisNexis
City of Indianapolis v. Edmond, 531 U.S. 32     Findlaw

Unit 6

The Pretrial Process [Chapter 17]

Briefs:

Cole v. Arkansas, 333 U.S. 196     Findlaw
Scott v. Illinois, 440 U.S. 367     Findlaw
Faretta v. California, 422 U.S. 806     Findlaw

Test 3

Unit 7

The Criminal Trial [Chapter 18]

Briefs:

Ex Parte Quirin, 317 U.S. 1     Findlaw
Johnson v. Louisiana, 406 U.S. 356     Findlaw
Georgia v. McCollum, 505 U.S. 42     Findlaw

Unit 8

Sentencing and Punishment [Chapter 19]

Briefs:

Austin v. United States, 509 U.S. 602     Findlaw
Furman v. Georgia, 408 U.S. 238     Findlaw
Gregg v. Georgia, 428 U.S. 153     Findlaw

Unit 9

Appeal and Post Conviction Relief [Chapter 20]

Briefs:

United States v. Sanges, 144 U.S. 310     LexisNexis (FindLaw has the cite wrong?)
Douglas v. California, 372 U.S. 353     Findlaw

Stone v. Powell, 428 U.S. 465     Findlaw

Final Exam

A Note on Preparing Case Briefs

When framing your legal issue, an easy way to look at it is to use the same formula for most constitutional cases:

Did Action X by the Criminal Justice System (Police, Courts, Corrections, or Whatever) violate the plaintiff’s Yth Amendment Right to Z under the circumstances?

Where X is some action by an agent of the criminal justice system
Where Y is the constitutional amendment allegedly violated
Where Z is the specific clause of the above Amendment Y
And Where "under the circumstances" refers to any facts that distinguish this case from other situations where the holding would not/might not apply.

Grades*

*If you haven't already done so, you must supply me with a 4-digit P.I.N. that identifies you only to yourself. Do NOT use your SSN. A period means that you did not take the test and need to make sure you are prepared for it on the makeup day. If you have a missing test, then your current average could not be computed.

Grades

	P.I.N.	Test 1	Test 2	Test 3	Test Average
1	6704	80	93	.	.
2	1313	50	83	.	.
3	1208	34	67	.	.
4	586	58	.	.	.
5	9949	86	87	.	.
6	339	82	.	86	.
7	8472	30	70	64	55
8	2707	50	60	62	57
9	7534	50	60	66	59
10	4000	56	77	52	62
11	3329	70	77	76	74
12	4288	56	87	82	75
13	7761	78	90	58	75
14	2222	68	90	70	76
15	0349	60	90	78	76
16	6067	84	73	72	76
17	6267	74	73	82	76
18	790	64	87	80	77
19	0777	64	87	82	78
20	4496	72	87	78	79
21	6817	72	93	74	80
22	8822	68	90	86	81
23	2905	70	93	82	82
24	1218	82	73	90	82
25	6624	86	90	72	83
26	1968	80	83	88	84
27	1983	82	87	86	85
28	1423	80	97	84	87
29	083	74	97	94	88
30	579	78	97	94	90
31	1075	88	97	86	90
32	1066	86	93	92	90
33	1160	88	97	94	93
34	8156	94	100	88	94
35	0102	98	90	94	94
36	4795	94	97	96	96

Unit Outlines [Outdated -- Old Text]

[ Unit 1 | Unit 2 | Unit 3 | Unit 4 | Unit 5 ]

[ Unit 6 | Unit 7 | Unit 8 ]

[ Unit 9 | Unit 10 | Unit 11 ]

[ Unit 12 | Unit 13 ]

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