PARA 2207 Criminal Litigation College of Arts and Sciences Course Syllabus Spring 2014

Transcription

1 College of Arts and Sciences Course Syllabus Spring 2014 Individuals with disabilities who need to request accommodations should contact the Disability Services Coordinator, Student Center 255, (678) , Course Number and Title: PARA (CRN 20108) - Criminal Litigation Credit Hours: 3.0 semester credit hours (3-0-3) Course Description: Catalog Description: This course focuses on the criminal justice system and related statutes and constitutional issues. Students learn procedural rules and substantive criminal law and become familiar with and draft pleadings filed in criminal court by prosecutors and defense attorneys. This course is divided into two areas: The first half of the course will be devoted to the study of substantive criminal law. The first half of the course will include: (1) determining what is necessary to define and prove crimes; (2) reviewing the essential elements of crimes; (3) reviewing all applicable defenses to crimes; and (4) learning the specific roles and responsibilities of paralegals in criminal litigation. Special emphasis will be placed on laws and other substantive criminal law issues that are specific to the State of Georgia. The second half of the course will be devoted to the study of criminal procedure. The second half of the course will include: (1) an examination of the right to counsel and the right to a trial by jury; (2) a review of the statutory laws and legal precedence regarding search and seizure under the Fourth Amendment; (3) a review of the law regarding interrogation and self-incrimination under the Fifth Amendment; (4) an overview of all of the processes and procedures associated with arraignment, motions, criminal trials, sentencing, punishment and postconviction relief. Page 1 of 15

2 Various ethical considerations will be examined within the context of these areas. Course Prerequisites and Co-Requisites: The prerequisite for this course is PARA 1101 Introduction to Law and Ethics, with a minimum US grade of C. There are no co-requisites for this course. Computer Requirement: Each CSU student is required to have ready access throughout the semester to: (1) a notebook computer that meets faculty-approved hardware and software requirements for the student's academic program and (2) the internet. For further information on CSU's Official Notebook Computer Policy, please go to Software Requirement: To properly access the course content, each student will need to have access to Microsoft Word and will need to download the following free software: Adobe Reader (needed to access files in PDF format): Adobe Flash (needed to access video content): Computer Skill Prerequisites: Each CSU student taking this course must be able to: Use the Windows TM operating system Use Microsoft Word TM word processing Send and receive using Microsoft Outlook TM or Microsoft Outlook Express TM Attach and retrieve attached files via in word processing and/or PDF formats Use an internet web browser and perform basic computer searches using common internet search engines Access and use GeorgiaVIEW Desire2Learn as required by the instructor throughout the course In-Class and Out-of-Class Use of Student Notebook Computers: 1. Student notebook computers will periodically be used in the classroom in this course to access information regarding Georgia law, current events or Page 2 of 15

3 other resources that support the practice of criminal law. Computers will be required to access the course materials and the instructor s homepage and to communicate with the instructor via and/or GeorgiaVIEW Desire2Learn. Additionally, it might be helpful to have notebook computers in class to gather notes from lectures and on-site visits. 2. Each student enrolled in the course must have access to the Internet, either through the local area network on campus or through an Internet Service Provider (ISP) of his or her choice (the costs for the ISP are the student s responsibility). No excuses will be accepted for any student s inability to access the Internet. 3. All students enrolled in the course must activate his or her CSU Student e- mail account via the SWAN for purposes of communicating with the instructor and/or receiving important information about the course throughout the semester. For more information regarding activating CSU Student accounts via the SWAN, go to +account%3f. 4. All students must be familiar with GeorgiaVIEW Desire2Learn and have the ability to access GeorgiaVIEW Desire2Learn on a regular basis to obtain necessary course materials, assignments and announcements regarding this course. It is the student s responsibility to access GeorgiaVIEW Desire2Learn on a regular basis as GeorgiaVIEW Desire2Learn will serve as the primary source for students to gain information regarding course requirements and other announcements throughout the semester. 5. You can gain access to GeorgiaVIEW Desire2Learn, by signing on to the SWAN portal and selecting: GaVIEW on the top right side. If you experience any difficulties in Desire2Learn, please or call The HUB at TheHub@mail.clayton.edu or (678) 466 HELP. You will need to provide the date and time of the problem, your SWAN username, the name of the course that you are attempting to access, and your instructor s name. Program Learning Outcomes: The purpose of the Legal Studies Program is to provide students with the skills necessary to perform specifically delegated substantive legal work under the supervision of an attorney. Paralegals and other non-lawyers are prohibited from practicing law. Page 3 of 15

4 The course supports the following program learning outcomes for the Certificate and A.A.S. degree programs in Paralegal Studies and the B.S. degree program in Legal Studies: 1. Perform manual and computerized legal research 2. Become familiar with rules of legal ethics, such as conflicts of interest, unauthorized practice of law, and confidentiality 3. Prepare legal documents, such as pleadings and other forms necessary for criminal litigation files 4. Become familiar with federal and state judicial systems 5. Apply legal analysis to fact situations 6. Use technology and legal software to create legal documents and to function in the role as a paralegal General Education Outcomes: The course supports the following general education outcomes required at Clayton State University: 1. Communication Outcome a. Knowledge of substantive and procedural criminal laws and processes necessary to support a career as a paralegal b. Keen awareness of court personnel, victims, witnesses and/or defendants who will benefit from services provided by a paralegal engaged in criminal litigation services with a licensed attorney c. Ability to organize files and develop the skills necessary to prepare legal documents and deliver quality legal services under the supervision of a licensed attorney d. Ability to interview victims, witnesses and defendants and summarize those findings 2. Critical Thinking Outcome a. Ability to review and reflect on criminal cases b. Ability to locate and apply criminal legal research to specific cases c. Ability to work with a licensed attorney to develop theories of cases and strategies for litigation The following link provides the Clayton State University Core Curriculum Outcomes (See Learning Goals B, E, I, II and III): Course Learning Outcomes: 1. Substantive Criminal Law a. Learn the definitions of the various crimes and the required elements for each crime including inchoate crimes Page 4 of 15

5 b. Discuss the different theories under which multiple defendants can be charged with the same crime under a theory of party to the crime, conspiracy and other theories of criminal liability c. Examine the various defenses to crimes that can be raised by the accused d. Analyze the differences between crimes against persons, crimes against property and crimes involving public order and morality e. Discuss the application of ethical rules to the participants in the criminal justice system 2. Procedural Criminal Law a. Discuss the right to counsel guaranteed by the Sixth Amendment b. Analyze search and seizure issues relating to the Fourth Amendment c. Discuss the right against self-incrimination under the Fifth Amendment d. Explore the different stages of a criminal prosecution e. Analyze the different motions and pleadings that may be filed in a criminal case f. Discuss the various stages of a criminal trial g. Learn about verdicts, sentencing, punishment and appellate review h. Learn about the ethical duties and obligations placed upon judges, prosecutors, defense attorneys and paralegals within the criminal justice system Instructor Information: Instructor: Judge Daphne M. Walker, J.D. (Ret.) Office Phone: (678) Off-Campus Phone: (678) Fax: (678) DaphneWalker@clayton.edu Internet Homepage: Office: Clayton Hall T211; Arts & Sciences Building G-116 (Instructor s mailbox is also located in T211) Office Hours: Thursdays at 6:00 p.m., immediately after class or by appointment All office hours and any scheduled meetings with students will be held in Lecture Hall Room B13 Page 5 of 15

6 Class Meetings: Classroom: Lecture Hall Room B13 Class times: 6:30-9:15 p.m. - Thursdays Textbook Information: The textbook for this course is McCord, James W.H. and Sandra McCord, Criminal Law and Procedure for the Paralegal: A Systems Approach. Fourth Edition. Delmar Learning, The course will cover the entire textbook ( 1 15). Evaluation: In- Class Quizzes & Assignments 15% Chapter Tests, Mid-Term Examination and Class Project 60% Final Examination 25% TOTAL 100% When scheduled, each quiz will consist of questions and each chapter test will consist of questions with a mixture of multiple-choice, true-false and short answer questions. Any quiz or chapter test will be distributed at exactly 6:35 p.m. and answer sheets will be collected after a total of fifteen (15) minutes for quizzes and thirty (30) to forty-five (45) minutes for chapter tests depending on the length of the test. The mid-term examination will include SOME materials from earlier parts of the class but will not be completely comprehensive through the day of the mid-term examination. The final examination will include SOME materials from earlier parts of the class but will not be completely comprehensive through the day of the final examination. The mid-term examination will consist of questions of a similar type as those found on the quizzes and chapter tests. The final examination will consist of questions of a similar type as Page 6 of 15

7 those found on the quizzes and chapter tests. Quizzes will occur at random and will not be announced. A schedule of the chapter tests, mid-term examination and the final examination has been included in this syllabus. All quizzes, chapter tests and the mid-term and final examinations are closed book. No student-produced memory sheets, note cards or electronic notes of any kind are allowed. Extra-credit assignments will be given periodically during the semester and can be used to enhance the student s final grade in the course. All extra-credit points will be outlined in the extra-credit materials provided to the student at the time that the extra-credit assignment is assigned and will be posted on GeorgiaVIEW Desire2Learn. Grading: A % B 80 89% C 70 79% D 60 69% F below 60% Mid-Term Progress Report: The mid-term grade in this course, which will be issued on or about March 3, 2014, reflects approximately 40% of the entire course grade. Based on this grade, students may choose to withdraw from the course and receive a grade of "W." Students pursuing this option must fill out an official withdrawal form, available in the Office of the Registrar or online at by mid-term, which occurs on March 7, The last day to withdraw without academic accountability is Friday, March 7, Course Schedule: The course, test and project schedule for PARA 2207 is provided in the table below. All chapter references are to the textbook for the course which was Page 7 of 15

8 referenced above: McCord, James W.H. and Sandra McCord, Criminal Law and Procedure for the Paralegal: A Systems Approach. Fourth Edition. Delmar Learning, Lesson Lesson Topic Chapter(s) to Read for Class Chapter(s) to Study for Test Course Deadlines 1 January 16 Foundations of Criminal Law Chapter 1 January 20 January 23 Martin Luther King, Jr. Holiday Deadline to Report No Shows to Registrar 2 January 23 3 January 30 Administration of Criminal Justice & the Role of the Paralegal Components of A Crime Chapter 2 Chapter 3 January 30 Last Day to Apply for Summer 2014 Graduation 4 February 6 Crimes Against Persons & Crimes Against Habitation Chapter 4 5 February 13 Crimes Against Persons & Crimes Against Habitation & Crimes Against Property, Public Order & Safety, Public Morals & Justice & Public Administration 4 & 5 1, 2 & 3 TEST 1 Page 8 of 15

9 6 February 20 Crimes Against Property, Public Order & Safety, Public Morals & Justice & Public Administration Chapter 5 7 February 27 Crimes Against Property, Public Order & Safety, Public Morals & Justice & Public Administration & Inchoate and Organized Crimes 5 & 6 4 & 5 Class Project Released on GeorgiaVIEW Desire2Learn TEST 2 (Mid-Term Examination) March 3 Mid-Term Grades Submitted to Registrar 8 March 6 Inchoate and Organized Crimes Chapter 6 March 7 March 13 Last Day to Withdraw Without Academic Accountability and Receive a Grade of W SPRING BREAK NO CLASS ENJOY!!! 9 March 20 Defenses Chapter 7 10 March 27 Intake and Drafting the Complaint/Search and Seizure: History, Warrant Requirements, Legislative Developments & 8 & 9 5, 6 & 7 Page 9 of 15

10 the Exclusionary Rule TEST 3 March 28 Clayton County Jail Tour Harold R. Banke Justice Center & the Clayton County Jail 6:00 p.m. 8:00 p.m. (Further Instructions and Details will be posted to GeorgiaVIEW Desire2Learn one (1) week prior to the tour) 11 April 3 Search and Seizure: Exceptions to the Warrant Requirement/ Confessions and Pre-Trial Identification Procedures 10 & April 10 Pre-Trial: Initial Appearance to Preliminary Hearing/Pre-Trial: Grand Jury to Pre-Trial Conference 12 & April 17 Trial: Rights, Procedure, Tasks TEST 4 Chapter 14 8, 9, 10 & 11 s April 21 May 5 Course and Instructor Evaluations Due 14 April 24 Sentencing, Punishment & Review Chapter 15 Class Project Due 6:30 p.m. Page 10 of 15

11 15 May 1 Course Review for Final Examination Return Class Projects May 8 Final Examination 5:00 p.m. May 10 Fall Commencement May 15 Final Grades Submitted to the Registrar by 9:00 a.m. Course Policies: General Policy Students must abide by policies in the Clayton State University Student Handbook, and the Basic Undergraduate Student Responsibilities. University Attendance Policy Students are expected to attend and participate in every class meeting. Instructors establish specific policies relating to absences in their courses and communicate these policies to the students through the course syllabi. Individual instructors, based upon the nature of the course, determine what effect excused and unexcused absences have in determining grades and upon students ability to remain enrolled in their courses. The University reserves the right to determine that excessive absences, whether justified or not, are sufficient cause for institutional withdrawals or failing grades. Course Attendance Policy The class will meet once weekly on Thursdays from 6:30 p.m. 9:15 p.m. for fifteen (15) weeks and will begin promptly at 6:30 p.m. Students are expected to have read the assigned materials prior to attending class and to be prepared to actively participate in the class discussions. The class lectures will cover additional information not contained in the assigned reading for the purpose of describing specific areas of Georgia law and ethical rules and regulations. There Page 11 of 15

12 is a possibility that at least one (1) class will take place in the Harold R. Banke Justice Center, 9151 Tara Boulevard, Jonesboro, Georgia as part of an in-class observation of the criminal process, schedule permitting. Attendance is expected for all class periods and students are expected to arrive to every class period on time. Attendance is required for quiz and examination periods. Any absence must be accompanied by a written excuse from a doctor or other competent authority unless it is an excused absence. Students will be allowed one (1) excused absence, in the student s discretion, during the course. Students desiring to be excused from class must contact the instructor by prior to class to request to be excused unless the absence is due to an unforeseen emergency. Any absence that the instructor is not notified of prior to class will not be eligible to be considered as an excused absence, but, will instead be considered an unexcused absence unless it is accompanied by a written excuse from a doctor or other competent authority. A student who stops attending class will receive a grade of F unless the student officially withdraws from the course by Friday, October 4, Students are REQUIRED to attend class on the mid-term and final examination meeting dates. A make-up mid-term or final examination is generally not given and being absent on either of these examination dates will result in a grade of 0 for the examination. In extenuating circumstances, the instructor reserves the discretion to allow a student to take a make-up exam (e.g. serious illness, automobile accident, hospitalization, death in family, etc.), however, this is the exception not the rule. In such cases, accompanying documentation from a doctor or other competent authority is required for verification. Missed Work Without a valid excuse that is provided consistent with the Course Attendance Policy outlined above, a grade of zero will be assigned for all missed work. If a valid excuse is provided, the following guidelines shall apply: Make-up quizzes will be given only if they are taken before quiz solutions are returned to other students in the course or posted. If the make-up quiz cannot be taken before the solutions are returned or posted, the student shall be allowed to drop one (1) missed quiz during the course. Any other missed quizzes outside of the first missed quiz which cannot be taken prior to the instructor returning or posting the quiz solutions to the class shall be assigned a grade of zero. Make-up chapter tests will be given only if they are taken before graded tests are returned to students during the next class session. In the event that a make-up test cannot be taken before tests are returned to other students, the missed test will be assigned a grade of zero. Page 12 of 15

13 Make-up tests and quizzes will only be considered in the most extraordinary of circumstances and are within the sole discretion of the instructor. Students are REQUIRED to take the mid-term and final examinations as scheduled in the syllabus. A make-up mid-term or final examination is generally not given and will result in a grade of 0 for the examination. Academic Dishonesty Any type of activity that is considered dishonest by reasonable standards may constitute academic misconduct. The most common forms of academic misconduct are cheating and plagiarism. All instances of academic dishonesty will result in a grade of zero ( 0 ) for the work involved. All instances of academic dishonesty will result in the completion of specification of charges form and will be reported to the Office of Student Life/Judicial Affairs. Judicial procedures are more specifically described at Disruption of the Learning Environment Behavior which disrupts the teaching learning process during class activities will not be tolerated. While a variety of behaviors can be disruptive in a classroom setting, more serious examples include belligerent, abusive, profane, and/or threatening behavior and excessive talking while the class is in session. A student who fails to respond to reasonable faculty direction regarding classroom behavior and/or behavior while participating in classroom activities may be dismissed from class. A student who is dismissed is entitled to due process and will be afforded such rights as soon as possible following dismissal. If the student is found in violation, the student may be administratively withdrawn and may receive a grade of WF. A more detailed description of examples of disruptive behavior and appeal procedures is at the following link: Students with Disabilities Students with Disabilities who require accommodations should register with Disability Services. A student may contact them by at DisabilityServices@mail.clayton.edu, by telephone at (678) or by visiting their office in the Student Center Room 255. If the student qualifies for services, the letter of accommodations should be provided to the course instructor as soon as possible. Page 13 of 15

14 Writing Assistance The Writers Studio 224 is located in the Arts & Sciences Building, Room 224. There students can talk with trained writing consultants about their writing projects. The writing consultants are available to work with you at any stage of the student s paper, from generating ideas to organizing the paper to understanding how to format it correctly. The service is free; students may drop in and wait for a consultant or sign up for a regular appointment. But remember: the student, not the student s consultant, is ultimately responsible for the quality and content of the papers the student submits. Aside from meeting with consultants one-on-one, students can also participate in consultant-led writing workshops. In these workshops, consultants will guide students in discussions and activities important to academic writing topics. Consultants and student-writers will collaborate on ways to apply writing concepts and strategies to specific writing situations. Students will be able to identify, analyze, integrate, and synthesize writing principles through a series of writing exercises. Remember that the consultants are here to collaborate with students as they develop their own experiences as student-writers. Students can find more information about the Writers Studio 224 at the following link: Other Policies An interactive lecture format will be used as the teaching method for the course. When appropriate, the internet will be accessed and handouts via GeorgiaVIEW Desire2Learn will be given in order to enhance the student s learning experience. Students are encouraged to ask questions throughout the lecture and to actively participate in class discussions. There will be at least one (1) on-site visit to the Harold R. Banke Justice Center to observe some aspect of the criminal process firsthand, schedule permitting. Students are also encouraged to complete the required faculty evaluation for the instructor of this course. Operation Study At Clayton State University, we expect and support high motivation and academic achievement. Look for Operation Study activities and programs this semester that are designed to enhance your academic success such as study Page 14 of 15

15 sessions, study breaks, workshops, and opportunities to earn Study Bucks (for use in the University Bookstore) and other items. Page 15 of 15