TEXT, REFERENCES, AND SUPPLIES:

TEXT - REQUIRED: del Carmen, R.V. (2004). Criminal Procedure: law and practice (6th ed). Belmont. CA: Wadsworth Publishing. ISBN: 0-534-61614-3

Suggested: A legal dictionary or dictionary of criminal justice

REFERENCE MATERIALS USED BY INSTRUCTOR:
Texas, State of. (Current ed.). Texas Penal Code.
Texas, State of. (Current ed.). Texas Code of Criminal Procedure.
Assorted texts, journals, films, and instructional material appropriate to the course.

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

SUPPLIES: Students will bring notebooks, pens, pencils, and Scantron® sheets for examinations to class. It is suggested that students purchase several Scantron sheets, both objective-type and essay-type, at the beginning of the semester, and have them available during class, in the event an unannounced quiz is given.

COURSE GOALS/ OBJECTIVES:

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

Describe the adversarial system of law

(Understanding our system of law facilitates understanding procedures, rules, laws, policies and procedures of the system)

Explain levels of police contact

(Police officers come into contact with many people on a daily basis; understanding levels of police contact facilitates understanding of lawful procedures and permissive conduct)

Explain various types of searches

(Police officers conduct multitudes of searches; knowing the requirements and parameters of them is essential to obtaining and using evidence)

Explain probable cause as a legal concept

(Proper arrests and searches revolve around probable cause; understanding it is essential to properly carrying out assigned duties)

Define terms applicable to course material, including reasonable suspicion, probable cause, warrant, and magistrate

(A working knowledge of jargon and legal vocabulary is essential to working effectively with prosecutors, defense attorneys and courts)

Explain the Texas court system, and relate it to the federal system

(A working understanding of the Texas court system and how it relates to the federal system, as well as knowledge of the federal system’s supervisory authority is essential to police officers following both the law and procedure)

Identify magistrates and their duties

(Police officers rely on magistrates to issue warrants, judge cases, and assist the police in gathering and using evidence)

Differentiate frisks from searches and discuss warrantless and plain view searches

(A thorough knowledge of procedures in the area of frisk and search is essential to ensure proper procedures are used and evidence is admissible)

Distinguish between search and arrest warrants and identify duties of officers when executing warrants

(Knowledge of various warrants and proper methods of executing them is essential to successfully apprehending suspects, gathering evidence and prosecuting cases)

Distinguish detentions from arrests

(Understanding distinctions between arrests and detentions is essential to ensuring that officers do not violate the law or the rights of citizens, or exceed their lawful authority)

Identify situations requiring Miranda warning

(Failure to understand and comply with court imposed rules and mandates affects the use of evidence and opens the possibility of personal and departmental liability)

Identify what can be seized during searches

(Knowledge of what can and cannot be seized and used as evidence is essential to developing cases and providing prosecutors sufficient evidence to convict)

Explain police liability resulting from misconduct

(The potential of being sued or prosecuted for police misconduct is very real; police officers must understand liability, proper conduct, and the importance of conducting themselves within established laws, policies, procedures and guidelines)

STUDENT CONTRIBUTIONS AND CLASS POLICIES:

Students must dedicate themselves to learning while in college. You should follow the syllabus, read each chapter before it is discussed in class, and use the study questions at the end of the syllabus to your advantage, completing the answers as the are addressed in class. Additional time is required for preparing for examinations. Attendance is important in this class.

Portable cellular phones, beepers, and similar paging devices are 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 will be asked to remove them from the classroom.

Students missing a major examination must make up the examination before the next class period unless other arrangements are made with the instructor. 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 within the next week will result in a grade of zero for the missed exam. Any assigned make-up work must be completed and turned in by Wednesday of the fifteenth week of the semester. No make-up work will be allowed during finals week.

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. If you are in a TASP developmental course, and have excessive absences, you may be dropped from that course. That will automatically result in your being dropped from all courses at Midland College. Your instructor has no control over this.



EVALUATION OF STUDENTS:

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

COURSE SCHEDULE:

The class meets for three lecture hours per week.
An outline of the course is attached. 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: evaluate the relevance of law and procedure to course material; interpret information from cases and apply it to legal situations.
Technology: Works with a variety of technologies. Students will: demonstrate ability to access information in statutes, codes and reporters and apply the information in class.
Reading: Locates, understands and interprets written information. Students will: demonstrate ability to read and comprehend the text, and interpret and apply information from court cases to material studied in course and classroom discussion.
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: analyze court decisions and apply legal principles to problem solving.
*SCANS are workplace competencies established by the federal government; documentation of them is required in each program.


INSTRUCTOR INFORMATION:

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 - Fall 2007:

This course meets from 7:00 pm - 9:50 pm Tuesdays only. This course is televised to the Fort Stiockton campus via McNET. This is subject to change at the instructor's discretion.

This outline is for del Carmen: Criminal Procedure: law and practice (6th ed.).

Review for Examination 1, Chapters 1, 2, 3, 4

In addition to these questions, you should study the chapter review questions in the text.

1. What is probable cause, and when must it be established according to arrest and search procedures?
2. What are the facts, issues and reasons in Illinois v. Gates, and why is this such a significant court decision?
3. What are the four levels of police contact, and when do they affect probable cause?
4. According to Texas law, who are magistrates?
5. Define hearsay, search, and seizure.
6. The fourth amendment to the United States Constitution places what requirement on police action?
7. For what may the police search incidental to arrest?
8. Explain the Exclusionary Rule, and discuss why it is so important to the use of evidence in court.
9. Define/explain the terms relevance, competence, materiality, and admissibility.

Review for Examination 2, Chapters 5, 6, 7, 8, 9

In addition to these questions, you should study the chapter review questions in the text.

1. Discuss the significance of Miranda v. Arizona.
2. Explain the Miranda warning, and discuss when it applies and what the police must tell a suspect.
3. Define interrogation, and cite significant cases that illustrate what is, and what is not, interrogation.
4. Explain how statements inadmissible under Miranda can be used against the defendant at trial.
5. Explain immunity, discussing the difference between use immunity and transaction immunity.
6. Explain what stages of the criminal proceeding are considered critical, and how the sixth amendment to the United States Constitution affects critical stages.
7. Discuss what is protected by the fifth amendment to the United States Constitution.
8. List the privileges recognized by Texas statute that protect communications.
9. Define the following: subpoena, writ of habeas corpus, subpoena duces tecum, arrest warrant, and search warrant.
10. In establishing their credibility, or in an effort to impeach them, what may police officers be questioned about in court, as far as their training, education and experience in concerned.
11. Explain what impeachment is, and how it affects the outcome of a trial.
12. List and explain those things that can be used to impeach a witness in court.

Review for Final Exam (COMPREHENSIVE EXAMINATION)

In addition to these questions, you should study the chapter review questions in the text.

1. Explain what the chain of custody of evidence is, and why it is important.
2. According to the best evidence rule, what must be established before a photocopy is admissible?
3. Explain the criteria for admitting color photographs in court.
4. According to Coolidge v. New Hampshire, magistrates must show what requirements before they can issue a warrant?
5. Trace the development of the Exclusionary Rule through the court cases from 1914 to present.
6. Explain plain view searches.
7. Discuss the use of dying declarations as evidence in court.
8. Explain the significance of the initial outcry in sex offenses.
9. Explain the test of custody.
10. Discuss what it means to impeach a person.
11. Explain the significance of Arizona v. Hicks.
12. Be able to discuss, in detail, the constitutional requirement of probable cause as it relates to searches and seizures.