ADJ3 Syllabus

Concepts of Criminal Law

 

Instructor:

Dr. Oliver M. Thompson  
         

951/222-8954 office
323/574-4203 cell phone

Riverside Campus Office:
E-mail address:

                   

QUAD 222B
oliver.thompson@rcc.edu

 

Course session: HYBRID

Log On: www.opencampus.com .  insure your browser settings.  log on credit course log in.

44346

 

44347

                           

 

                  

 

 

                 

 

Tuesday 10:30am - 12:02pm

Wednesday 6pm - 732pm

 

HYBRID

 

Quad 240

 

Quad 240

Office hours:

Tuesday - Thursday 1-4pm

Wednesday 4-5pm

 

 

Location:                   

Riverside Campus QUAD 240

Required Text: 

Criminal Law, Joel Samaha.



California Criminal Law Concepts. Hunt and Rutledge

ON TWO HOUR RESERVE IN DIGITAL LIBRARY

Supplemental reading will be given as assigned.

Wadsworth Publishing. 8th edition. 2005.

ISBN    0-495-07782-8

Burgess Publishing. 21st edition. 2007.

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.

 

 

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.

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 assessmentrecommend you complete by April 18, 2009.

HUNT:  Chapters 1-7.     SAMAHA Chapters 1-6.

Final assessmentcomplete 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.
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.

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.

Course Paper:

NONE

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

A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious.  http://legal-dictionary.thefreedictionary.com/due+process

EXCLUSIONARY RULE 

The principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.  http://legal-dictionary.thefreedictionary.com/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.  I highly recommend that you check your grade book to note - quizzes, assessments, and assignments, etc.  I will respond to your grade queries in a timely fashion.

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.

[p479] 

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 -

GRADING RUBRIC

see complete grading rubric on your section homepage under course information

Grading Rubric: A - 100%-90%. 

B - 89%-80%.

C - 79%-70%.

D - 69%-60%.

To All online instructors, 

A reminder….. 

Open Campus locks out student access to online courses after term completion primarily for two reasons: 

  1. Protection of instructor content and exam information.  Instructors will continue to have access to their courses for one week after term completion to complete/submit final grades;
  2. Limited “seat” capacity in WebCT per license agreement – especially critical for “overlapping” terms such as spring-summer.

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.

 

STUDENT ACCOMMODATIONS

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

 

COURSE ASSIGNMENTS - Joel Samaha:  Criminal Law

 

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

 

COURSE ASSIGNMENTS - HUNT AND RUTLEDGE: 
CALIFORNIA CRIMINAL LAW CONCEPTS

 

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. 
Chapter 11: Homicides. 
Chapter 12: False Imprisonment, Restraint Crimes, Kidnapping, Child Abduction, Rape, Unlawful sexual intercourse.  
Chapter 15: Robbery and Extortion

Week thirteen

Chapter 14 Burglary. 
Chapter 16: Theft and Embezzlement.
Chapter 18: Miscellaneous Offenses

Week fourteen

Chapter 13: Public Safety and morals. 
Chapter 6: Attempts,  Solicitation, Obstructing Justice, Conspiracy. 
Chapter 9:  Dangerous Weapons Control Laws. 
Chapter 17: Controlled Substances and Alcohol Abuse Crimes

 

INSTRUCTOR POLICIES


Grading:  cumulative of all processes; examinations, quizzes, papers

The A student

The B student

The C-D student

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.

 

 COURSE DESCRIPTION

 

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

STUDENT LEARNING OUTCOMES

Upon successful completion of the course, students should be able to -

 

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
 

      

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© Oliver M. Thompson 2001