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Concepts of Criminal Law
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| Instructor: |
Dr. Oliver M. Thompson |
951/222-8954 office |
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Riverside Campus Office:
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QUAD 222B oliver.thompson@rcc.edu |
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Course session: HYBRID Log On: www.opencampus.com . insure your browser settings. log on credit course log in. |
44346
44347
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Tuesday 10:30am - 12:02pm Wednesday 6pm - 732pm
HYBRID
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Quad 240
Quad 240 |
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Office hours: |
Tuesday - Thursday 1-4pm Wednesday 4-5pm |
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Location: |
Riverside Campus QUAD 240 |
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Required Text: |
Criminal Law, Joel Samaha.
ON TWO HOUR RESERVE IN DIGITAL LIBRARY Supplemental reading will be given as assigned. |
Wadsworth Publishing. 8th edition.
2005.
ISBN 0-495-07782-8 ISBN 0-536-81489-9 - 18th ed. ISBN 0-536-90527-4 - 19th ed. ISBN 0-536-16903-9 - 20th ed. ISBN 0-536-35707-2 - 21st ed.
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| Attendance: |
Regular attendance is required. Students with excessive absences will be dropped from the course. If you are absent more than two (2) consecutive class sessions, please contact the instructor. All students are expected to attend every class session. Failure to do so may indicate a lack of serious commitment and purpose. A student may be dropped from the course for excessive absence (including tardiness), regardless of cause, if the number of absences or tardiness is having an adverse effect upon your success in the course. An inordinate number of absences or tardiness will lower the final grade one grade point. If you are not in class or habitually late to class, you cannot participate in the relevant class discussion. REMEMBER - THIS IS A HYBRID COURSE. |
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| Assessments |
There are two (2) assessments; a mid term and a final. The assessments will cover readings from the text, lecture discussions and other related activities. The Assessments will consist of multiple-choice questions, and short answer responses. OPEN BOOK, ON LINE, WEB CT. Midterm assessment – recommend you complete by April 18, 2009. HUNT: Chapters 1-7. SAMAHA Chapters 1-6. Final assessment – complete by June 10, 2009. HUNT: Chapters 8-18. SAMAHA Chapters 7-13. BOTH ASSESSMENTS ARE MANDATORY AND WILL BE ADMINISTERED ON LINE THROUGH WEB-CT. There is a short U.S. Constitution assessment, on the U.S. Constitution and Constitutional Officers to be completed ON LINE, WEB CT. |
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| Cheating: |
Cheating violates the standards of student conduct established by board policy 6080. Students found cheating will be removed from the class setting and dropped from the course with an "F" grade. Cheating applies to plagarism, taking on line assessments in tandem, or any other form of working together. This is a single effort course, not a tandem or group effort as it applies to assessments. |
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| Extra credit: |
As assigned. Please understand that extra credit - in class written assignments - will not receive the same point total value as other assignments. ALL ASSIGNMENTS must be completed to receive extra credit @ the end of the semester's work. If ALL ASSIGNMENTS ARE NOT COMPLETED, no extra credit point values will be calculated in totaling the FINAL GRADE. In any case, extra credit will not raise a final grade more than ONE LETTER GRADE. ALL POINT VALUES ARE AT THE SOLE DISCRETION OF THE COURSE INSTRUCTOR. |
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| Course Paper: |
NONE |
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| Assignments: |
Topics relevant to the topic of Concepts of Criminal Law will be discussed, assigned and completed for review, analysis, and grading. U.S. Constitution as it relates to Concepts of Criminal Law Exclusionary rule and Due Process LEGAL CONCEPTS DUE PROCESS OF LAW
EXCLUSIONARY RULE
FRUIT OF THE POISONOUS TREE The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an illegal Search and Seizure. http://legal-dictionary.thefreedictionary.com/fruit+of+the+poisoned+tree Case law outline, instructor assigned, will be scored from 1-16 points per outlined case. Case law outline, student choice, will be scored from 1-16 points per outlined case. People of the State of California v. Ivory Webb Each assignment must be submitted your specific assignment box in WEBCT. All assignments are due on assigned dates from the instructor. Late assignments will have a grade letter deduction per day of lateness. Be sure to keep a copy of each of your assignments on your computer hard drive in MY DOCUMENTS AREA, DESKTOP or WHEREVER YOU STORE IMPORTANT WORK. It is your responsibility to check with the
instructor to insure a record of completed assignments and grades. A sample comment in response to your written work - an excellent outline demonstrating knowledge, comprehension of the knowledge with appropriate application, analysis and evaluation. well written - lucid, content laden and focused. Conciseness, brevity and focus of thought are strongly emphasized and expected. All papers, assignments are to be completed via WEBCT as an attachment. Please insure compatible e-technology for readability. If I can't open and read the document, I can't grade it. Insure the proper format on extensions - .doc, .html, and .docx .wps will not open into current edition of WEBCT for grading purposes. MY RECOMMENDATION TO INSURE COMPATABILITY IS TO USE .doc as an extension - OR YOU CAN COPY AND PASTE INTO JAVA. SAVE YOUR ORIGINAL DOCUMENT IN WHATEVER MEDIUM YOU DESIRE, COPY AND PASTE INTO JAVA. The outline will be Paper #1 SCENARIO REVIEW AND APPROPRIATE LEGAL ANALYSIS RESPONSE TOPIC STATEMENT - overall synopsis of the case. IN YOUR WORDS FACTS - story line of the case. You can copy and paste LAW - applicable constitutional amendment, which part? COURT'S RULING - what did the final court rule, hold? Please insure the relevant parts of the final court's ruling are included in this area. You can copy and paste. APPLICATION - apply the court's ruling. What are the legal implications of the court's ruling on our society? in your own words. As a result of the United States Supreme Court ruling, I will - SAMPLE FORMAT Escobedo v. Illinois FACTS Petitioner, a 22-year-old of Mexican extraction, was arrested with his sister and taken to police headquarters for interrogation in connection with the fatal shooting, about 11 days before, of his brother-in-law. He had been arrested shortly after the shooting, but had made no statement, and was released after his lawyer obtained a writ of habeas corpus from a state court. Petitioner made several requests to see his lawyer, who, though present in the building, and despite persistent efforts, was refused access to his client. Petitioner was not advised by the police of his right to remain silent and, after persistent questioning by the police, made a damaging statement to an Assistant State's Attorney which was admitted at the trial. Convicted of murder, he appealed to the State Supreme Court, which affirmed the conviction. CONSTITUTION 6th amendment, right to an attorney 14th amendment, due process, states 5th amendment, self incrimination COURT RULING Held: Under the circumstances of this case, where a police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect in police custody who has been refused an opportunity to consult with his counsel and who has not been warned of his constitutional right to keep silent, the accused has been denied the assistance of counsel in violation of the Sixth and Fourteenth Amendments, and no statement extracted by the police during the interrogation may be used against him at a trial. Crooker v. California, 357 U.S. 433, and Cicenia v. Lagay, 357 U.S. 504, distinguished, and, to the extent that they may be inconsistent with the instant case, they are not controlling. Pp. 479-492. Application - in your words. As a result of the United States Supreme Court ruling, I will -
Paper #2 SCENARIO REVIEW AND APPROPRIATE LEGAL ANALYSIS RESPONSE TOPICAL STATEMENT - overall synopsis of the case. IN YOUR WORDS FACTS - the story line of the case. You can copy and paste LAW - applicable constitutional amendment, which part? COURT'S RULING - what did the final court rule, hold? Please insure the relevant parts of the final court's ruling are included in this area. You can copy and paste.
DISCUSSION - apply the court's ruling. What are the legal implications
of the court's ruling on our society? in your own words. As a result
of the United States Supreme Court ruling, I will - see complete grading rubric on your section homepage under course information |
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| Grading Rubric: |
A - 100%-90%.
B - 89%-80%. C - 79%-70%. D - 69%-60%. |
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To All online instructors, A reminder….. Open Campus locks out student access to online courses after term completion primarily for two reasons:
For these reasons, students should not be directed back to the course to get final grade information. They should be instructed to go to WebAdvisor. |
English and Spanish versions of the RCCD Discrimination/Sexual Harassment Complaint Procedure are now available on the District's website at www.rcc.edu/discrimination; the pdfs have active links to the full Board policy.
Printed copies of the procedure are being posted in all classrooms and offices at RCCD campuses and education centers, and copies will be available in Admission & Records, Student Services, Counseling, the Digital Library and campus libraries, and other locations.
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STUDENT ACCOMMODATIONS |
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Students with Disabilities: If you have a documented disability requiring accommodation to achieve course objectives, please see me or contact the Office of Disabled Student Programs & Services immediately in order to assure timely services. If you have not already done so, you should call 222-8060 or visit one of their offices on our three campuses: SCI & TECH 150 on the Moreno Valley Campus, ADM 121, (City Campus) or STU SERV building on the Norco Campus. The DSP&S Staff and I will be happy to work with you in arranging for and assuring appropriate accommodations. Paula Paula McCroskey, District Dean Disabled Student Programs & Services Riverside Community College District 4800 Magnolia Avenue Riverside, CA 92506 951-222-8508 (V) 951-222-8061 (TDD) 951-222-8517 (Secretary) 951-222-8059 (FAX) ALL INFORMATION AND DOCUMENTATION IS CONFIDENTIAL. Attention All Faculty / Staff The Riverside Community College District Offices of Disabled Student Programs & Services provide accommodations for students with disabilities. Among the accommodations we provide each semester is the placement of specialized furniture in classrooms. This furniture is reserved for students with disabilities and should only be used by students who are receiving services from DSP&S. Please help us by making sure the following items remain where they have been placed for accessibility to students with documented disabilities: Black cushioned chair (student use) Brown cushioned chair (sign language interpreter use) Brown table (student use) Grey / white adjustable table (student use, non load- bearing) Thank you very much for your assistance. If you have any questions, please feel free to give us a call at the following extensions: Riverside Campus: x8060 Moreno Valley Campus: x6138 Norco Campus: x7070 Riverside Community College District Offices of Disabled Student Programs & Services |
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COURSE ASSIGNMENTS - Joel Samaha: Criminal Law
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| Week one |
Orientation.
The U.S. Constitution. Chapter 1: First things first: the nature and limits of criminal law Chapter 13 The Psychology of Criminal Behavior |
| Week two | Chapter 2: Constitutional limits on Criminal Law |
| Week three | Chapter 3: The General Principles of Criminal Liability: Actus Reus |
| Week four | Chapter 4: The General Principles of Criminal Liability:
mens rea, concurrence, causation Chapter 6 From Dangerousness to Risk Assessment: Violence, Sexual Offending, Domestic Violence, Child Abuse, and Suicide |
| Week five |
Chapter 5: Parties to Crime and Vicarious Liability |
| Week six | Chapter 6: Inchoate crimes: attempt, conspiracy, and solicitation |
| Week seven | Chapter 7: Defenses to Criminal Liability: Justifications |
| Week eight | Chapter 8: Defenses to Criminal Liability: Excuses Chapter 5 Insanity and Competency Chapter 7 Syndrome Evidence: Battered Woman Syndrome and Rape Trauma Syndrome |
| Week nine | Chapter 9: Crimes against Person I: criminal homicide |
| Week ten |
Chapter 10: Crimes against Person II: criminal sexual conduct, bodily injury, and personal restraint Chapter 7 Syndrome Evidence: Battered Woman Syndrome and Rape Trauma Syndrome |
| Week eleven |
Chapter 11: Crimes against Property |
| Week twelve |
Chapter 12: Crimes against Public Order and Morals Chapter 4 Mental Health Law: Competencies and Criminal Responsibility Chapter 5 Mental Health Law: Civil Commitment |
| Week thirteen |
Chapter 13: Crimes against the State |
| Week fourteen - sixteen |
course assignments as outlined and discussed |
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COURSE ASSIGNMENTS - HUNT AND RUTLEDGE:
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| Week one | Orientation The U.S. Constitution. Chapter 1: Scope and Source of Criminal Law |
| Week two | Chapter 2: Classification of crimes and penalties |
| Week three | Chapter 3: The Elements of Crime and Corpus Delicti |
| Week four | Chapter 5: Parties to Crime |
| Week five |
Chapter 4: Capacity to commit crime- Insanity defense |
| Week six | Chapter 7: Laws of Arrest |
| Week seven | Maintain and review reading assignments to this point |
| Week eight | Maintain and review reading assignments to this point |
| Week nine | Maintain and review reading assignments to this point |
| Week ten |
Chapter 8: Offenses against the Public Peace |
| Week eleven |
Chapter 8: Offenses against the Public Peace |
| Week twelve |
Chapter 10: Types of Assault. |
| Week thirteen |
Chapter
14 Burglary. |
| Week fourteen |
Chapter 13: Public Safety and morals. |
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INSTRUCTOR POLICIES
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| Grading: | cumulative of all
processes; examinations, quizzes, papers The A student The B student The C-D student |
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| A | 100-90 | excellent |
| B | 89-80 | above average |
| C | 79-70 | average, satisfactory |
| D | 69-60 | below average |
| F | 59 and below | non successful completion |
| Midterm | 100 points | |
| Final | 100 points | |
| Quizzes | 10-22 points per quiz | |
| Concept papers | 1-16 points per assigned case. | |
| Assignments: | All assignments, examinations, quizzes and papers must be completed and submitted in order to successfully complete the course. |
| Makeup examinations: | Must be completed within 24 hours of the original date and time. Quizzes, which are missed, will not be repeated. |
| Drops: |
It is the responsibility of the student to officially drop the class by submitting a drop card to the admissions office within the prescribed time period. |
| Food, drink, smoking: |
There is to be no eating, drinking, or smoking in the classroom whether or not a class is in session. |
ABOVE ALL, I AM HERE TO HELP AND ASSIST
YOU
IN MAKING THIS TIME OF STUDY AN OUTSTANDING LEARNING ENDEAVOR.
I AM AVAILABLE TO YOU AT DESIGNATED
OFFICE HOURS.
IF YOU HAVE A NEED TO CONTACT ME ON CAMPUS OUTSIDE OF OFFICE HOURS,
PLEASE FEEL FREE TO DO SO.
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COURSE DESCRIPTION
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Historical
development, philosophy of law and constitutional provisions Definitions,
classification of crime and its application Legal
research, study of case law, methodology and concepts of law as a social
force |
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STUDENT LEARNING OUTCOMES
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| 1. | Identify the constitutional officers at the federal, State of California, and local criminal justice agency component levels | ||
| 2. | Analyze the relationship between the U.S. Constitution and criminal law. | ||
| 3. | Define, and describe legal definitions and concepts | ||
| 4. | Define and describe Exclusionary rule and Due Process. | ||
| 5. | Define and describe the constitutional limits of criminal law | ||
| 6. | Define and analyze the general principles of criminal liability, and civil liability | ||
| 7. | Analyze case law decisions pertaining to the Bill of Rights and the 14th amendment. | ||
| 8. | Define the conceptual differences of crime classification – Crimes against Persons, Crimes against Property, Crimes against the State, Crimes of Public Safety and Morals | ||
© Oliver M. Thompson 2001