TEXT, REFERENCES AND SUPPLIES:

TEXT - REQUIRED: Roberson, C., Wallace, H., & Stuckey, G. (2007). Procedures in the Justice System (8th ed.). New Jersey: Pearson Prentice Hall. ISBN: 0-13-173590-X
Also Required: Texas, State of. (Current ed.) Texas Code of Criminal Procedure.

Also Required: Student Learning Packet available in the Bookstore.

[Texas Criminal Laws, available in the bookstore, is recommended]

Suggested: A legal dictionary; pocket legal dictionaries are available at local bookstores or on line at a reasonable cost

REFERENCE MATERIALS USED BY INSTRUCTOR:
Texas, State of. (Current ed.). Texas Penal Code (included in the Texas Criminal Laws book available in the bookstore)
Texas, State of. (Current ed.). Texas Rules of Criminal Evidence.
Assorted texts, journals, publications, films, and instructional material appropriate to course.

NOTE: Do not delay getting the textbook from the College Bookstore. There is no guarantee that there will be any left after the third week of class.

SUPPLIES: Students will bring notebooks, pens, pencils, and appropriate Scantron sheets for examinations to class. (It is recommended that the student purchase five regular and five essay-type Scantron sheets for the semester.)


COURSE GOALS/ OBJECTIVES:

Upon successful completion of this course, the student will be able to:

Define terms relevant to the criminal procedure

(Being able to define and use terms applicable to one’s profession is essential to becoming a professional)

Discuss the historical development of courts and their role in society

(Understanding the roots of the court systems facilitates understanding of how and why they operate the way the do in today’s society)

Explain the structure of court systems in the United States and Texas, including the role of courts

(Criminal justice professionals work within the court systems; knowledge of the court structures promotes understanding of procedures)

Explain the role of court officers

(Officers work with court personnel on a daily basis; knowing who does what promotes understanding of court operations)

ACTIVITY: Students will be introduced to court officers during a field trip
ACTIVITY: Students will write a paper on their experiences during the field trip
Discuss prosecutorial discretion and plea bargaining

(The outcome of cases is often decided by prosecutors; officers must understand the prosecutor’s role in processing cases and efficient means of disposing of cases)

Explain the right to counsel

(The right to counsel being among the most important constitutional rights, and one that begins early in the investigative stages of a case, officers must fully understand the importance of assistance of counsel)

Explain processes of the legal system, including pre-trial release, grand juries, adjudication, and appeal

(The police investigate crimes and develop cases, which are ultimately disposed of by the courts. Familiarization with processes reduces anxiety and improves relationships between police and court personnel)

ACTIVITY: Students will be introduced to certain procedures during a field trip
Explain types and rules of evidence

(The success of cases depends on the quality and quantity of proof. Use of evidence in court is governed by rules of evidence)

Explain sentencing procedures and discuss the purposes of sentencing

(Sentencing is the final procedure of a criminal case; understanding sentencing is vital to developing good relationships between police and courts)

ACTIVITY: Students will be observe sentencing of offenders during a field trip
Explain who are magistrates and peace officers, and their duties

(Officers depend on magistrates to issue warrants, set bail and appoint counsel; students must understand who are peace officers and magistrates before they go to work in the system)

Explain statutes of limitation and the concept of speedy trial

(Statutes of limitations and speedy trial issues affect the investigation and prosecution of cases; being able to calculate limitations is essential to managing criminal investigations)

ACTIVITY: Students will calculate statutes of limitations given scenarios and data
Explain procedures and requirements for search warrants

(The procedures governing warrants is very specific, and failing to comply with them will result in evidence being excluded)

Discuss protective orders and the consequences of violating them

(Protective orders are issued in cases involving domestic violence, a major police and social problem in this country today)

STUDENT CONTRIBUTIONS AND CLASS POLICIES:

Each student should anticipate at least one hour out of class preparation for each lecture hour, plus study time preparing for examinations. Attendance is important in this class.

Portable cellular phones, beepers, and similar paging devices may be disruptive to the class, and you are encouraged NOT to bring them into the classroom. If you do bring them to class, please make sure they are turned off. Should they become a nuisance, you may be asked to remove them from the classroom.

Students missing a major examination must make the exam before the next class period unless special arrangements are made. Make-up examinations may be the same as, or different from, the examination given in class. Make-up examinations will cover the same material as the scheduled examination. Failure to make up an examination will result in a grade of zero for the missed exam.

Final exams are not given early or late.
The instructor reserves the right to give quizzes, announced or unannounced, at any time. There is no opportunity to make up quizzes that are missed.

NOTICE: The instructor reserves the right to drop students who stop attending or have an excessive number of absences. As a rule, however, the instructor does not drop students, and it is your responsibility to drop a class if you no longer plan to attend and complete the semester. Check the Midland College catalog for last day to drop.


EVALUATION OF STUDENTS:

This is subject to change at the instructor's discretion.

MAJOR EXAMINATIONS: You will be permitted to use the Texas statutes during the examinations, but not the text, your notes or other ancillary teaching materials. Questions on exams may be multiple choice, fill-in, true/false, essay, matching, listing or a combination or two or more types. You must be prepared for any type of question. All material in the text as well as statutes addressed in class are considered “fair game” for exam questions.

COURSE SCHEDULE:

The class meets for three lecture hours per week.
An outline of the course follows. This is a guide and is subject to change at the instructor's discretion.

SCANS INFORMATION:

The following SCANS skills are taught and/or reinforced in this course:

Information: Acquires and uses information. Students will: learn procedural law and apply it to various legal situations.

Systems: Understands complex interrelationships. Students will: define and explain parts of court systems and their relationship to one another, the law, and the criminal justice system as a whole.

Technology: Works with a variety of technologies. Students will: use various statutes and law books to find solutions to problems presented in class.

Reading: Locates, understands, and interprets written information. Students will: demonstrate the ability to read, interpret and apply case law and statutes to course material.

Arithmetic: Performs basic computations. Students will: calculate statutes of limitation based upon data provided in class, and apply the information to classroom scenarios.

Listening/Speaking: Receives, attends to, interprets, and responds to verbal messages in ways appropriate to the purpose; organizes ideas and communicates appropriate messages. Students will: participate in class discussion, answer questions directed at them, participate in reviews and ask questions as necessary to clarify material.

Thinking Skills: Creative thinking, decision making, and problem solving. Students will: solve legal problems presented using correct procedural law.

*SCANS are workplace competencies established by the federal government; documentation of them is required in each program.


INSTRUCTOR INFORMATION:

Instructor: Robert W. Peetz
Office: 174 TC
Telephone: (432) 685-4685
E-mail: rpeetz@midland.edu
Fax: (432) 685-4761
Division Business Studies
Chair: Mr. Gavin Frantz
Secretary: Ms. Mia Olvera
Office: 142 TC
Phone: (432) 685-4656

Office Hours: Subject to change each semester, office hours are posted and announced in class.

PRINCIPLES OF EDUCATION

Two principles should guide you through your education. First, from your education you should learn "how to think, not what to think." The second is from Dr. Gennaro Vito (1999), and has 10 parts:

1. Work is good. Hard work is even better.
2. Preparation is the key to success.
3. Quality and presentation count.
4. Revision improves all things.
5. Learn to use all the tools available to you.
6. Work must be completed on time.
7. Time is more valuable than money.
8. Do not become an educated fool.
9. Nothing stays the same. Either you get better or your get worse.
10. The classroom is no place for democracy.

COURSE OUTLINE: Class meets Thursday 10:00am - 12:50 pm in Spring 2008 semester; this is a guide

and is subject to change at the instructor's discretion

* CCP = Code of Criminal Procedure

* UCMJ = Uniform Code of Military Justice

* TRE = Texas Rules of Evidence

REVIEW FOR EXAMINATION 1

Texas Court System and Chapters 1 & 2
REMEMBER - THE FINAL IS COMPREHENSIVE.

1. List the courts in the Texas court system, state how many of each one there are, the origin of each court (constitutional or statutory), the jurisdiction and venue of each court, and other material as presented in class concerning the court system, such as juries, selection and requirements of judges.
2. Identify the punishments available to each criminal trial court in Texas (PC Chapter 12).
3. List the writs that the Court of Criminal Appeals can issue.
4. Explain under what circumstances a DWI trial can be transferred to another court.
5. When and where was the Magna Carta signed, by whom and what is the significance of this document?
6. From what identifiable sources do we get modern day law in the United States?
7. Discuss why we need laws in today’s society.
8. Rough estimates of crime in the United States place the cost at what dollar amount?
9. How do we generally distinguish between civil and criminal law?
10.  Explain the parts of a law required for it to be constitutional and why no law can be in conflict with the United States  Constitution.
11. Explain how early civilizations punished offenders.
12. Discuss the development of juries, and compare early juries to modern proceedings.

REVIEW FOR EXAMINATION 2

Chapters 3, 4, 5, 6 & 7 and all previous material
REMEMBER - THE FINAL IS COMPREHENSIVE.

1. Explain the various ways in which defendants are brought to trial.
2. Explain the difference between a warrant and a capias.
3. What is the constitutional standard for arrest, and from where does it originate?
4. Explain the purpose of an arraignment under Texas law.
5. What is/are the purpose(s) of bail, and how, under Texas law, can bail be made? Where is bail addressed in the United States Constitution, and what does this document say about bail?
6. Which Article of the Code of Criminal Procedure governs warnings given to suspects after arrest, and of what must the arrestee be warned or advised?

7. What pleas may a defendant in Texas make in response to a criminal allegation?

8. Before accepting certain pleas the trial court must ensure that the plea is voluntary. To help verify the voluntariness of pleas, what must the defendant be told?

9. What is a coroner's inquest, why are they held and in which Texas court is one typically held?

10. Explain the statute of limitations as Texas law sets it out and be able to calculate the time limits for various offenses given certain data and scenarios.

11. Explain the speedy trial act of Texas, including statutes and case law governing speedy trial.

12. Explain verdicts, including how they are reached, returned, the requirement of unanimity, and when a unanimous verdict is not required.

13. Explain the process and legal aspects of a search following a lawful arrest.

14. Explain jeopardy and discuss when it attaches, what double jeopardy is, and why the concept of jeopardy is important to criminal procedure and police work.

REVIEW FOR EXAMINATION 3

Chapters 8, 9, & 10 and all previous material
REMEMBER - THE FINAL IS COMPREHENSIVE.

1. Explain the right to counsel, its history and development by and through case law, and why it is so very important to our system of justice.
2. Explain the circumstances that entitle a defendant to representation by appointed counsel.

3. List the various rights afforded criminal defendants and identify those that can be waived.

4. Explain the process of appointing counsel, who appoints and why.
5. Explain bail, and locate where bail is addressed in the Texas Code of Criminal Procedure.
6. Explain the role of defense counsel during criminal proceedings.
7. Explain pretrial motions, list and given examples of them, and when each one must be filed before the court.
8. Explain the right of discovery, its function, importance and availability to each side of a criminal proceeding.
9. Differentiate between inculpatory and exculpatory evidence.
10. Explain plea negotiations and explain where and how Texas laws address them?
11. List those who are officers of the court and explain their duties in criminal cases.

REVIEW FOR EXAMINATION 4

Chapters 11 & 12 and all previous material
REMEMBER - THE FINAL IS COMPREHENSIVE.

1. Discuss the statement, “A defendant is entitled to a jury of his peers.”
2. Discuss when and how, in most jurisdictions in the U.S., women got the right to serve as jurors.
3. Discuss the universal qualifications for jury service, according to the text, lecture and Texas law.
4. List and explain exemptions to jury service under Texas law.
5. Explain the functions and uses of challenges for cause and peremptory challenges and identify the numbers of each type of challenge each side gets, according to law.

6. Explain the purpose and use of alternate jurors during criminal trials.
7. Explain the significance of “the rule.”
8. Explain the purpose of sequestering the jury.
9. List, in order, the process of a criminal trial in Texas.
10. Define subpoena and subpoena duces tecum, and explain their purposes.
11. What is the punishment in Texas for failure to respond to a jury summons?
12. According to the United States Supreme Court, what is the minimum number of jurors allowable in criminal trials?
13. Explain how the military handles criminal trials and verdicts, and compare this system to the Texas system of trials and verdicts.
14. Explain the qualifications for witnesses in Texas.
15. Explain the 5th Amendment protection against self-incrimination.
16. Explain the purpose of a charge to a jury and who delivers it.

REVIEW FOR EXAMINATION 5

Chapters 13 & 14 and all previous material
REMEMBER - THIS EXAM IS COMPREHENSIVE.

1. During jury deliberation, who is allowed in the jury room?
2. Explain when verdicts must be unanimous and when they may be less than unanimous.
3. Explain the use of special verdicts in capital cases, why they are required, and what the special verdicts are in Texas.
4. Explain the process of appealing a case in Texas and discuss why most cases are not appealed.
5. Explain the purpose of writs of attachment.
6. Explain the uses of  subpoenas, who issues them and and how are they properly served.
7. What is the venue of municipal, justice, and county courts in Texas?
8. What is a trial de novo?
9. Explain prosecutorial discretion and its effect on the ultimate decision making authority in deciding what cases go to trial.
10. Explain how state and federal courts differ in the use of grand juries.
11. Explain the responses can a grand jury make to a case presented to it.
12. Explain who has the right to appear before a grand jury.
13. Explain bifurcated proceedings in criminal proceedings.
14. Explain what grounds for appeal are available to defendants in Texas.
15. Explain when a mistrial occurs.