CRJ-252: Criminal Procedure

School
Liberal Arts
Division
Social Sciences
Department
Criminal Justice
Academic Level
Undergraduate
Course Subject
Criminal Justice
Course Number
252
Course Title
Criminal Procedure
Credit Hours
4.00
Instructor Contact Hours Per Semester
62.00 (for 15-week classes)
Student Contact Hours Per Semester
62.00 (for 15-week classes)
Grading Method
A-E
Pre-requisites
Completion of CRJ-251, with a grade of C or better
Catalog Course Description

Expands on the concepts presented in CRJ 251, emphasizing criminal procedure, including the laws of arrest and search and seizure, the rights of the accused; and the roles of the prosecutor, judge, jury and defense counsel in the judicial process. Also discusses both Michigan and federal constitutional issues.

Goals, Topics, and Objectives

Core Course Topics
  1. Crime Control in a Constitutional Democracy
  2. Criminal Procedure and the Constitution
  3. Michigan Court System
  4. Searches and Seizures
  5. Stop and Frisk
  6. Arrest
  7. Searches for Evidence
  8. Special Needs Searches
  9. Self Incrimination
  10. Identification Procedures
  11. Exclusionary Rule and Entrapment
Core Course Learning Objectives (Separated)

A student who successfully completes this course will be able to:
1.  Crime Control in a Constitutional Democracy
• Describe the balancing of community security and individual autonomy.
• Describe the graduated objective basis requirement.
• Write appropriate legal briefs.
• Utilize legal rules to analyze legal fact patterns and reach legal conclusions based on those rules of law.*
2.  Michigan Court System
• Describe the working procedures in the Michigan court system.
• Trace the progress of a criminal case as it moves through the court system.
3. Criminal Procedure and the Constitution
• Describe the meaning of Due Process of Law.
• Explain how the Incorporation Doctrine relates to Due Process.
• Describe the meaning of Equal Protection of Law.
• Apply the different tests use to analyze an Equal Protection case.*
4. Searches and Seizure
• Describe the concept of Search and Seizure in law enforcement.
• Identify the basic constitutional aspects that influence Search and Seizure.
• Use the constitutional aspects to analyze search and seizure problems.*
5. Stop and Frisk
• Describe the use of Stop and Frisk concepts as they drive from the 4th Amendment to the US Constitution.
• Describe the proper scope of a Stop and Frisk.
• Analyze situations and decide if a Stop and Frisk is constitutional in those situations.*
6. Arrest
• Identify the basic constitutional restrictions on arrest.
• Analyze situations to decide when and if a warrant is needed to make an arrest.*
• Describe the constitutional restrictions on the use of force when making an arrest.
7. Searches for Evidence
• Identify the chief constitutional restraints on searches for evidence.
• Identify the exceptions to the warrant requirement.
• Analyze fact patterns and be able to determine if a search is reasonable using the constitutional restraints.*
8. Special Needs Searches
• Identify the unique rules that apply to special needs searches.
• Describe the special needs searches and be able to describe what makes them reasonable under the 4th Amendment.
9.  Self-Incrimination
• Identify the constitutional rules that apply to interrogations.
• Describe the reasoning behind the rules evolving out of Miranda v. Arizona.
• Evaluate factual situations to determine if the rules of Miranda apply.*
10.  Identification Procedures
• Identify the different types of identification procedures used by law enforcement.
• Identify the constitutional requirements of each procedure for admission into evidence.
11.  The Exclusionary Rule
• Explain the justifications for the Exclusionary Rule and for its application.
• Identify the exceptions to the Exclusionary Rule.
• Analyze a factual scenario to determine if one of the exceptions applies.*
• Describe the defense of entrapment.
• Apply the two tests used in entrapment cases.*

Assessment and Requirements

Assessment of Academic Achievement

1. Multiple – Choice questions.
•  Students will be presented 20 multiple-choice questions on each of 5 quizzes over the course of the semester.  The quizzes will cover two chapters of text.
2.  Problem Solving essays:
•  Essays will be used on all quizzes during the semester.  Essays will require the student to evaluate and analyze fact patterns.  Students will be required to apply to correct standard of law to these fact patterns.
• Students will be required to reach a legal conclusion based upon their application of the law and their analysis.
3. Written Homework Assignment:
•  Written homework assignments will be accomplished by the student based on the critical thinking objective.  The assignment will be done outside the class room. 
• The subject matter of the problem solving homework assignment will be drawn from class room material 

Texts

Criminal Procedure, Samaha, Joel.  Thomson-Wadsworth.  6th Ed. Handouts supplementing the text.

Outcomes

General Education Categories
  • Social Sciences
MTA Categories
  • Category 4: Social Sciences
Satisfies Wellness Requirement
No
Effective Term
Fall 2022