School of Public Service and Health. Legal Studies Program. LSTD203 Criminal Law and Procedure for the Paralegal 3 credit hours

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1 School of Public Service and Health Legal Studies Program LSTD203 Criminal Law and Procedure for the Paralegal 3 credit hours 8 week course Prerequisite(s): none Instructor Information Course Description Course Scope Course Objectives Course Delivery Method Course Materials Evaluation Procedures Grading Scale Course Outline Policies Academic Services Selected Bibliography Instructor Information Instructor: Course Description This course will examine the practical aspects of criminal law and procedure as they pertain to the work of the paralegal. The course covers the nature of criminal liability, the elements of various crimes, and defenses to criminal accusations. The course will also cover criminal

2 procedure, from search and seizure through trial and appeal. Constitutional issues relating to search and seizure, self-incrimination and other matters are explored in depth. Students learn how to prepare relevant legal documents. Course Scope This course is divided into 8 weeks and is organized to give students a broad overview of criminal law and procedure and the specific role of the paralegal. The course will give an overview of the structure of the criminal legal system. It includes general information on criminal procedure and practical exercises to help the student learn to implement the role of the paralegal. The instruction is primarily textbook driven with a combination of weekly assignments and discussion board questions. There will be a mid-term that covers the material up to that point in the course and a final that is comprehensive. Course Objectives At the conclusion of this course, students will be able to: 1. Describe the Criminal Law System 2. Define the sources of Criminal Law 3. Differentiate between the various agencies involved in the Criminal Justice System 4. Give examples of the role of the paralegal in the Criminal Justice System. 5. Demonstrate the tasks required of the paralegal at each of the procedural steps in a criminal trial 6. Perform practical paralegal tasks such as intake, assigning charges, and drafting a Criminal complaint 7. Discover new and growing areas of crime, such as cybercrime and healthcare fraud. Course Delivery Method This undergraduate Legal Studies course will be delivered via distance learning and will enable students to complete academic work in a flexible manner, completely online. Course materials and access to an online learning management system will be made available to each student. Your online assignments are due on Wednesday and/or Sunday of each week (prior to midnight, EST) and includes Forum questions (accomplished in groups through a threaded Forum), examinations, and individual assignments (submitted for review by the Professor). The professor will support the students throughout this eight-week course. Note: The Message Board in the Online Classroom is the primary method by means of which to communicate with your Instructor.

3 Course Materials Required Textbook: James W.H. McCord, Sandra L McCord & C. Suzanne Bailey, Criminal Law & Procedure for the Paralegal (4 th Ed. 2012). A complete PDF copy of the textbook is available to view under Resources in the classroom. ISBN ISBN Evaluation Procedures ASSIGNMENTS AND FORUM DISCUSSIONS: There will be weekly reading assignments in the textbook. These are ungraded. There is one Case Brief Assignment during Week 5. See Grading Rubric in Student Resources. There are also seven (7) Forum questions with required responses to fellow students. See the Course Outline below for more information. See Grading Rubric in Student Resources. Also, YOU MUST COMPLETE YOUR FORUM ASSIGNMENTS AND POST THEM NO LATER THAN WEDNESDAY EVENING AND THEN RESPOND TO AT LEAST TWO OTHER CLASSMATES NO LATER THAN SUNDAY EVENING. YOUR INITIAL FORUM POST (for each of the seven forum topics) SHOULD BE A MINIMUM OF 500 WORDS. IN ADDITION, AT LEAST TWO OF YOUR RESPONSES TO YOUR CLASSMATES EACH WEEK SHOULD CONTAIN AT LEAST 250 WORDS. The only exception to these minimum word requirements is for the Introduce Yourself Forum in Week one. For that Forum, your initial introduction must be at least 250 words, and your replies to classmates do not have minimum word requirements. Failure to adhere to these requirements will result in loss of points. Use the Blue Book format for all citations. Example, for cases: York v. Smith, 65 U.S. 294 (1995). Blue Book citation format is required all citations in this course (including citations of the textbook). For further information see various Resources in the classroom concerning proper Blue Book citation format. Failure to give proper attribution to sources and failure to adhere to property citation format will result in point loss and may also result in referral for disciplinary action for violation of the University s Plagiarism Policy. FINAL AND MIDTERM EXAMINATIONS:

4 Please use this syllabus as a reference only until the professor opens the classroom and you have access to the updated course syllabus. Please do NOT purchase any books or start any work based on this syllabus; this syllabus may NOT be the one that your individual instructor uses for a course that has not yet started. If you need to verify course textbooks, please refer to the online course description through your student portal. This syllabus is proprietary material of APUS. The midterm and final exams will be taken open book. The exams will be posted in the electronic classroom under exams. These exams will be a mix of multiple choice, true/false, short answer, and essays. The University will issue final official grades. Final grades will be posted within 7 days after the course ends. Students should not telephone the University looking for grades until, at least, 30 days after the end of the semester. FINAL GRADES BASED UPON: A possible total of 100 percent can be earned in this course, broken down as follows: Forum Discussions and required replies Seven Forum 5 percent each Case Brief 35 percent 5 percent Midterm Exam Final Examination 30 percent 30 percent Grading Scale See APUS grading system at the following link: COURSE OUTLINE WEEK # ASSIGNED READING & TOPICS 1 Topics: Foundations of Criminal Law ASSIGNMENT (all assignments are to be completed by midnight on each Wednesday) Forum Questions:

5 Please use this syllabus as a reference only until the professor opens the classroom and you have access to the updated course syllabus. Please do NOT purchase any books or start any work based on this syllabus; this syllabus may NOT be the one that your individual instructor uses for a course that has not yet started. If you need to verify course textbooks, please refer to the online course description through your student portal. This syllabus is proprietary material of APUS. Administration of Criminal Justice and the Role of the Paralegal Components of a Crime 1. Forum: Introductions 2. Forum: article on a criminal trial Read Chapters 1 and 2 and 3. Find and read an article about a recent criminal trial. See writing assignment in Forum. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom. Explain the following: 1. Overview of the legal system 2. Purposes of criminal law 3. The criminal court system 4. Professional ethics in criminal practice 5. Components of crime 2 Topics: Crimes Against Persons and Habitation Crimes Against Property, Public Order and Safety, Public Morals, and Justice and Public Administration Forum Question: Crimes Against Public Interest Read chapters 4 and 5. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom Explain the elements of: 1. Crimes against the person 2. Crimes against habitation 3. Crimes against property 4. Crimes against public order and safety 5. Crimes against public administration

6 Please use this syllabus as a reference only until the professor opens the classroom and you have access to the updated course syllabus. Please do NOT purchase any books or start any work based on this syllabus; this syllabus may NOT be the one that your individual instructor uses for a course that has not yet started. If you need to verify course textbooks, please refer to the online course description through your student portal. This syllabus is proprietary material of APUS. 3 Topics: Inchoate and Organized Crimes Defenses Forum Question: Megan s Law Read chapters 6 and 7. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom 1. Define inchoate and organized crimes 2. Explain elements of defenses to criminal prosecution 4 Topics: Intake and Drafting the Complaint Read Chapter 8. Take the Midterm Exam. Submit the exam no later than the last day of Week 4. Late submissions will not be accepted. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom Explain the role and tasks of a paralegal in connection with case intake 5 Topics: Search and Seizure Confessions and Pretrial Identifications Read chapters 9 and 10 and 11. Assignment: Case Brief Forum Question: Polygraphs View the podcasts/read the transcripts at the link found in the Week 5 Assignment in the Classroom. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom Define and explain: 1. The scope of the Fourth Amendment 2. Warrant requirements

7 Please use this syllabus as a reference only until the professor opens the classroom and you have access to the updated course syllabus. Please do NOT purchase any books or start any work based on this syllabus; this syllabus may NOT be the one that your individual instructor uses for a course that has not yet started. If you need to verify course textbooks, please refer to the online course description through your student portal. This syllabus is proprietary material of APUS. 3. Exceptions to the warrant requirement 4. The exclusionary rule 5. The Fifth Amendment privilege 6. Custodial interrogations 7. Miranda 8. Identification procedures 6 Topics: Pretrial Proceedings Grand Jury Proceedings Read chapters 12 and 13. Forum Question: Factual scenario in a search/seizure context Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom Explain the following: 1. Pretrial procedures 2. Pretrial detention 3. Grand Jury procedures 4. Discovery procedures 5. Pretrial motions practice 7 Topics: Trial Proceedings Sentencing and Post-trial Proceedings Read chapters 14 and 15. Follow along with the Weekly Lessons which can be found in the Lessons area of the Classroom Forum: The Exclusionary Rule. Assignment: Review/Study for final exam. Define and explain: 1. Trial Rights 2. Trial procedures 3. Sentencing 4. Appellate review

8 Please use this syllabus as a reference only until the professor opens the classroom and you have access to the updated course syllabus. Please do NOT purchase any books or start any work based on this syllabus; this syllabus may NOT be the one that your individual instructor uses for a course that has not yet started. If you need to verify course textbooks, please refer to the online course description through your student portal. This syllabus is proprietary material of APUS. 8 Exam will cover the entire course Take open-book Final Exam. The exam must be submitted by the last day of Week 8. Late submissions will not be accepted. Policies Please see the Student Handbook to reference all University policies. Quick links to frequently asked question about policies are listed below. Plagiarism Policy Withdrawal Policy Extension Process Disability Accommodations WRITING EXPECTATIONS All written submissions should be submitted in a font and page set-up that is readable and neat. It is recommended that students try to adhere to a consistent format, which is described below. Typewritten in double-spaced format with a readable style and font and submitted inside the electronic classroom (unless classroom access is not possible and other arrangements have been approved by the professor). Arial 11 or 12-point font or Times New Roman styles. Page margins Top, Bottom, Left Side and Right Side = 1 inch, with reasonable accommodation being made for special situations and online submission variances. CITATION AND REFERENCE STYLE The central function of legal citation is to allow the reader to efficiently locate the cited source. All courses in the Legal Studies program require that any narrative essay or composition format follow the legal citation guidelines set forth in The Bluebook: A Uniform System of Citation, 19 th ed., (2010). More information can be found in the Web Resources and Resources links in the classroom. LATE ASSIGNMENTS Students are expected to submit classroom assignments by the posted due date and to complete the course according to the published class schedule. As adults, students, and working professionals I understand you must manage competing demands on your time. Should you need

9 additional time to complete an assignment please contact me before the due date so we can discuss the situation and determine an acceptable resolution. Submission of late assignments is unacceptable and may result in points deducted from your score on the assignment. Some assignments/tests will not be accepted if they are submitted after the due date. NETIQUETTE Online universities promote the advance of knowledge through positive and constructive debate- -both inside and outside the classroom. Forums on the Internet, however, can occasionally degenerate into needless insults and flaming. Such activity and the loss of good manners are not acceptable in a university setting--basic academic rules of good behavior and proper Netiquette must persist. Remember that you are in a place for the fun and excitement of learning that does not include descent to personal attacks, or student attempts to stifle the Forum of others. Technology Limitations: While you should feel free to explore the full-range of creative composition in your formal papers, keep layouts simple. Humor Note: Despite the best of intentions, jokes and--especially--satire can easily get lost or taken seriously. If you feel the need for humor, you may wish to add emoticons to help alert your readers: ;-), : ), DISCLAIMER STATEMENT Course content may vary from the outline to meet the needs of this particular group. Online Library The Online Library is available to enrolled students and faculty from inside the electronic campus. This is your starting point for access to online books, subscription periodicals, and Web resources that are designed to support your classes and generally not available through search engines on the open Web. In addition, the Online Library provides access to special learning resources, which the University has contracted to assist with your studies. Questions can be directed to librarian@apus.edu. Charles Town Library and Inter Library Loan: The University maintains a special library with a limited number of supporting volumes, collection of our professors publication, and services to search and borrow research books and articles from other libraries. Electronic Books: You can use the online library to uncover and download over 50,000 titles, which have been scanned and made available in electronic format. Electronic Journals: The University provides access to over 12,000 journals, which are available in electronic form and only through limited subscription services. Tutor.com: AMU and APU Civilian & Coast Guard students are eligible for 10 free hours of tutoring provided by APUS. Tutor.com connects you with a professional tutor online 24/7 to provide help with assignments, studying, test prep, resume writing, and more.

10 Tutor.com is tutoring the way it was meant to be. You get expert tutoring whenever you need help, and you work one-to-one with your tutor in your online classroom on your specific problem until it is done. Request a Library Guide for your course ( The AMU/APU Library Guides provide access to collections of trusted sites on the Open Web and licensed resources on the Deep Web. The following are specially tailored for academic research at APUS: Program Portals contain topical and methodological resources to help launch general research in the degree program. To locate, search by department name, or navigate by school. Course Lib-Guides narrow the focus to relevant resources for the corresponding course. To locate, search by class code (e.g., SOCI111), or class name. If a guide you need is not available yet, please the APUS Library: librarian@apus.edu. Turnitin.com Turnitin.com is a web-based plagiarism prevention application licensed, for campus use, through the APUS Online Library. The quick submit option lets faculty upload and check suspicious papers, without requiring student to create their own Turnitin.com profiles. Turnitin.com analyzes electronic submissions of student writing, compares them to the contents of a huge online database, and generates a customized Originality Report. The database used to produce this analysis contains a massive collection of documents available on the Internet from both free and commercial sources, as well as the full texts of all other papers that have been previously submitted to Turnitin.com. Similarity index is based on the amount of matching text to a submitted paper: Blue = Green = Yellow = Orange = Red = no matching text one word to 24% matching 25-49% matching text 50-74% matching text % matching text

11 Selected Bibliography Neal R. Bevans, Criminal Law and Procedure for the Paralegal, Thomson Delmar Learning; 1 edition, August 19, 2002 Ronald N. Boyce, Donald A. Dripps, Rollin M. Perkins, Criminal Law and Procedure: Cases and Materials, West Publishing Company; 9th edition, January, 2004 Daniel E. Hall, Criminal Law and Procedure, Thomson Delmar Learning; 4th edition, August 5, 2003 Rolando V. del Carmen, Criminal Procedure : Law and Practice, Wadsworth Publishing; 7 edition, June 1, 2006 Joel Samaha, Criminal Law (with CD-ROM and InfoTrac), Wadsworth Publishing; 8 edition, May 25, 2004 Frank Schmalleger, Criminal Justice Today : An Introductory Text for the 21st Century, Prentice Hall; 8 edition (February 23, 2004) Dean J. Champion, The American Dictionary of Criminal Justice: Key Terms and Major Court Cases, Roxbury Publishing Company; 2nd edition, January 1, 2001 RogerJ.R.Levesque, The Psychology and Law Of Criminal Justice Processes: Cases And Materials, Nova Science Publishers, May 17, 2006 Laurie L. Levenson, Student's Guide to the Rules of Criminal Procedure, West Group, December 21, 2005 George P. Fletcher, Basic Concepts of Criminal Law, Oxford University Press, December 14, 2005