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UNIVERSITY OF MASSACHUSETTS AT DARTMOUTH SYLLABUS CJS 270 CRIMINAL DUE PROCESS September 6, 2007 through December 20, 2007 Thursday 6:30 p.m. - 9:30 p.m. Group 1 - Rm. 108 TEXT: Criminal Law and Procedure. John M. Scheb and John M. Scheb, III. Thomson Wadsworth, Fifth Edition. 2005 INSTRUCTOR: ATTORNEY DONALD A. BRISSON Tel. (508) 999-9694 Email: don@donbrisson.com |
COURSE GOALS:
Cognitive Goals: The student will:
1. Describe criminal due process from questioning to post-conviction appeals.
2. Understand the due process rights afforded the accused under the Massachusetts Declaration of Rights.
3. Understand the due process rights afforded the accused under the United States Constitution.
Affective Goals: The student will:
1. Participate in discussions relating to criminal defense, prosecution and
criminal justice procedure in order to enhance critical thinking
and interactive-learning skills.
2. Appreciate the difficulty in following criminal justice procedures in light of constant societal, political, and constitutional changes.
3. Demonstrate interest in criminal due process through active
participation, disciplined study and reflection on the topics presented.
STUDENT EVALUATION:
Students' mastery of the readings and lecture materials presented in class will be evaluated on the basis of their performance on a Final Examination; at least 5 random "pop" quizzes and class participation.
The Final Examination will be worth 40% of your grade. The Final Examination will be held on December 20, 2007.
Quizzes will be worth 40% of your grade. I will drop your 2 lowest quiz grades.
Class Participation will be worth 20% of your grade.
The final examination and quizzes will be based on information from the textbook
and on class lectures. It is important that you attend each and every
class.
The final examination and quizzes will consist of multiple choice and fill in
the blank type questions.
MAKE-UP POLICY:
Make-up for the final examination will be given only if you have obtained my permission to be excused from the actual exam prior to the time of that exam.
All make-up examinations will be in essay form and must be completed within one week of the original examination. NO EXCEPTIONS.
There will be no make-ups on quizzes. NO EXCEPTIONS.
PARTICIPATION:
Students are expected to attend class regularly and to have completed all assigned readings prior to the date for which they are assigned (see below).
Students are expected to have reviewed and be prepared to discuss questions from the following: 1) Questions for Thought and Discussion; 2) Problems for Discussion and Solution; 3) Key Terms; 4) assigned reading and 5) class notes.
Students are responsible for retaining information learned from previous assignments and class lectures. Students should review their notes and material contained in the text book prior to each class and be ready to answer questions from the current week's assignment and any previous week's assignment.
Students who miss a class are responsible for getting notes from someone else in the class and for finding out about any assignments that were given out that day.
ACADEMIC INTEGRITY:
The college's academic integrity policy, which can be found in the college catalogue, will be enforced in this class. Using other students' work or committing plagiarism are considered extremely serious offenses that can result in a tarnished official record or even expulsion from the university. Students are encouraged to read UMD's plagiarism policy and follow it. If you are in doubt about what might constitute plagiarism in an assignment, please check with me or you can refer to an article by the UMD Library, Avoiding Plagiarism.
Students with disabilities requesting accommodations in the class are
encouraged to contact the Disabled Students Services Office, as soon as possible
to better ensure that such accommodations are implemented in a timely fashion.
Special accommodations will be made upon notification from that office that they
are required. The Disabled Student Services assists students with physical and
learning disabilities by providing support and services to accomplish academic
success. All concerns regarding a student's request for assistance or services
must be directed to Carole Johnson, Director of the Disabled Student Services,
at x8711. The Office of Disabled Student Services is open from 7:00 AM to 3:30
p.m. daily; evening appointments can be arranged on request. If you are in need
of any accommodations for events, classes or other University related programs
or services, please contact the DSS office to make arrangements. The office is
located in the basement of Group I, Room 016, 508-999-8711.
SCHEDULE:
Assigned readings must be done prior to the date where they appear. The schedule outlined below represents my intended timetable, however, adjustments may be made during the semester.
Students are responsible for knowing the material in the readings, regardless of whether it is discussed in class or not. In other words, your tests will include materials from class lectures and your readings, unless otherwise noted. Not all material or information that you will be responsible for can be found in your text. Some of the material or information that you will be responsible for will come from class lectures. Therefore it is important that you attend class, pay close attention, participate in discussions and take notes.
If you lose your syllabus you can find a copy on website: www.donbrisson.com. Look for the link CJS 270 Syllabus.
September 6: Introduction to Criminal Due
Process.
Chapter 1. Fundamentals of Criminal Law and Procedure.
pp. 1-24
September 13: Chapter 2.
Organization of the Criminal Justice System. pp. 25-47
Chapter 3. Constitutional Limitations on the Prohibition of
Criminal Conduct. pp. 49 - 77
September 20: Chapter 3. Constitutional
Limitations on the Prohibition of Criminal Conduct. pp. 49 - 77
Chapter 4. Elements of Crimes and Parties to Crimes. pp.
78 - 93
September 27: Chapter 5. Inchoate
Offenses. pp. 94 - 108
Chapter 6.
Offenses Against Persons. pp. 110-156
October 4: Chapter 6. Offenses
Against Persons. pp. 110-156
Chapter 7. Property Crimes. pp. 158 - 187
October 11: Chapter 7.
Property Crimes. pp. 158 - 187
Chapter 8. Offenses Against Public Morality. pp. 189 -
211
October 18: Chapter 9.
Alcohol and Drug Offenses. pp. 213 - 234
Chapter 12. Offenses Against Public Order, Safety and
Security. pp. 282 - 305
October 25: Chapter 13.
Offenses Against Justice and Public Administration. pp. 307 - 325
Chapter 14. Criminal Responsibility and Defenses. pp.
327 - 364
November 1: Chapter 15: Search and Seizure. pp. 368 - 407
November 8: Chapter 15: Search and Seizure. pp. 368 - 407
November 15: Chapter 16:
Arrest, Interrogation, and Identification Procedures. pp. 408 - 435
Chapter 17: The Pretrial Process. pp. 436 - 467
November 22: Thanksgiving Recess NO CLASS
November 29: Chapter 18:
The Criminal Trial. pp. 469 - 507
Chapter 19: Sentencing and Punishment.
pp. 509 - 547
December 6: Chapter 20: Appeal and Post-conviction Relief. pp. 549 - 574
December 13: REVIEW FOR FINAL EXAMINATION.
December 20: FINAL EXAMINATION