Syllabus
“Stacked Course” CJ 5321/CJ 7310
Current Legal Issues/Philosophy of Law
Fall semester 2016
Dr. Pollock (245-7706)
Office hours: after class or by app’t
Course Description and Objectives: The course is designed to give the student an overview of constitutional law as it relates to criminal justice and the opportunity to explore current legal issues through research and class discussion. Learning objectives are as follows:
1. Become familiar with jurisdiction, sources of laws, and the concept of incorporation.
2. Understand Constitutional challenges to defining crimes.
3. Know the defenses to criminal culpability.
4. Become familiar with both substantive and procedural due process questions; especially the scope of procedural rights as covered by the 4, 5, & 6th amendments of the Constitution of the United States.
5. Know current legal controversies and relevant case precedents.
6. Become familiar with how to research and write about legal topics.
7310 students only:
7. Become familiar with the four basic philosophies of law: natural law, positivist law, legal realism, and critical legal theory.
Books:
Leading Constitutional Cases on Criminal Justice (Weinreb, 2015)
Academic-Scholastic Dishonesty and Disabilities Statement:
The department follows the university dishonesty policies. Please be aware of them.
In accordance with university policy and federal law, reasonable and appropriate accommodations will be made for qualified students with disabilities. Students with disabilities are asked to contact the Office of Disabilities Services who will then coordinate any necessary accommodations.
Classroom Policies: This is a hybrid class. Approximately half of the classes will be taught via recorded lectures and forum or zoom conferencing room, while the other half will be face-to-face. During the face-to-face class-time, students will be expected to have completed the reading, and be ready to discuss and deal with any questions over the material. There are no make-up exams unless the student sets up an alternative time with me ahead of the test date. I would be happy to meet with students either individually or in groups to go over cases or questions. I will promise to answer any email from you within 24 hours excluding weekends. You must have access to a computer (either at home or by coming to one of the university’s computer labs) equipped so that you are able to listen to and see the recorded lectures as well as be able to participate in the video conferencing on the dates indicated.
Grading:
3 tests (100 points each) 300 [different for 5321 & 7310 students]
Legal Research Paper 100 [different instructions for 5321 & 7310 students]
400
400-360 – A; 360-320 – B; 320-280 – C; 280-240 – D
*Papers are due in dropbox on the date indicated in the outline below; late papers will be docked 10 points each day it is late (weekends count!).
Tentative Outline
(go to study guide for expanded topic outline & study questions)
T/H: Chapter Assignments/Tests
8/29 Syllabus (recorded lecture #1); briefing a case; basics (recorded lecture #2)
9/5 Labor Day Holiday – no class
EXCEPT: 7310 students see study guide for recorded lecture #3
9/12 Elements of a crime; due process; Constitutional challenges (in-person lecture)
9/19 Defenses to criminal culpability (in-person lecture)
9/26 [Test 1-essay, at home, test will be available at 6:30 pm and must be submitted to dropbox by 8:30 pm; separate tests for 5321 & 7310]
10/3 Seizures (recorded lecture #4)
10/10 Searches (recorded lecture #5)
10/17 Electronic & other searches (recorded lectures #6 & #7)
[draft paper due if you want me to review it – will not look at papers if they don’t come in this week – will meet with you to go over issues]
10/24 Auto searches (in-person lecture)
10/31 [Test 2] + 6th Amendment attorney right (in-person – test & lecture)
11/7 Right to atty pre-trial; 5th & 6th A rights during interrogation (in-person lecture)
11/14 Procedural due process & trial rights (recorded lecture #8 & #9)
11/21 Sentencing (recorded lecture #10)
PAPER DUE: NOVEMBER 21 MIDNIGHT
11/28 Punishment (recorded lecture #11)
12/5 Review (in-person)
12/12 [Test 3] During scheduled final time
*Dates in bold font & yellow are in-person classes; attendance is mandatory.
Paper Guidelines:
Topic:
5321: No more than 5 pages, excluding bibliography! It must be on a case from a recent Supreme Court docket, i.e. 2015 or 2016 October docket. If you choose a decided case, you must investigate unanswered questions, and predict where the law will be heading in the future. If you choose a case that has not been decided, you must examine the legal question and arguments and predict which way the court will decide. You must have at least 2 sources – they must be law review articles. Obviously, you should access the case (if decided) and read it and cite from it. Write the paper using APA format – please consult http://owl.english.purdue.edu/owl/resource/560/07/. If you have questions about citation style, source presentation, plagiarism, etc. see me! Any plagiarism will result in a failing grade. All papers may be submitted to Turnitin.com, a plagiarism checking site.
7310: Your paper should follow the same general format as above but it should be at least 10 pages, with at least 5 law review articles. I expect a more detailed exploration of the legal issue with the addition of the use of legal philosophy in the analysis, e.g. discuss a holding as being consistent or inconsistent with natural law or legal realism.
Brief Format (This template should be used for your study notes, they will not be turned in but I highly recommend you fill one out for each case).
Case Name and citation: ______
Facts:
______
______
______
Issue (Question):
______
Holding (Answer):
______
Rationale (Reason):
______
______
Case History (has it been overturned?):
______