Legal Aspects of Criminal Evidence

Syllabus Links

                                                                   
Concept Paper Assignment                                                                
Dr. Oliver M. Thompson

Paper heading:   Title of paper. Legal Aspects of Evidence.  Time, days section, your name, Instructor's name - Dr. Oliver M. Thompson, date of paper.  Always include your REGISTERED name on any emails to me, not your email address.  Straight mail, no attachments.

Title of Paper:  Biography, Legal Aspects of Evidence.

Day of Class:  Thursday

Time of Class:  1040am, or 6pm

Section #

Dr. Oliver M. Thompson

Date of Paper:  August 28, 2006

Write me a story about you:  who are you, why taking this class, career aspirations, email address, phone number for contact.  25 points.  Due:

PLEASE NOTE - ALL FACT BASED, SUBJECT MATTER ESSAYS ARE THOROUGHLY ANALYZED BY TURNITIN.COM TO INSURE A LACK OF PLAGARISM.  AS SUCH, INSURE THAT YOUR WORK PRODUCT IS PROPERLY CITED AND SOURCED. 

ESSAY U.S. Constitution, as it relates to Legal Aspects of Evidence. 50 points. Due:

Proposition 21 - http://primary2000.ss.ca.gov/VoterGuide/Propositions/21.htm

 

Proposition 36 - http://www.prop36.org/

 

Proposition 184 - http://www.silicon-valley.com/star2.html

 

Proposition 215 - http://vote96.ss.ca.gov/BP/215.htm

 

Proposition 66 - http://www.igs.berkeley.edu/library/htThreeStrikesProp66.htm

DEFINE AND DESCRIBE:  Exclusionary Rule and Due Process.  50 points.  Due:

Due process

consensual encounter, detention, ARREST, complaint, arraignment, preliminary hearing, pretrial motions, trial, deliberations, verdict, G, NG, sanity, sentencing, incarceration, post release restrictions - probation, parole, release from custody - registration; sex offender, arsonist, narcotic addict, convicted gang member.

Exclusionary Rule

All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U.S. 25, overruled insofar as it holds to the contrary. Pp. 643-660.

United States Constitution, as it relates to Legal Aspects of Evidence, interwoven into each outlined case or discussion format.

Criminal Cases:  (required)  

WEEKS v. U.S., 232 U.S. 383 (1914)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=232&invol=383

WOLF V. PEOPLE OF THE STATE OF COLO. , 338 U.S. 25 (1949)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=338&invol=25

Mapp v. Ohio                                               4th amendment

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+367+U.S.+643:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only

Terry v. Ohio

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+392+U.S.+1:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only?

Florida v. J.L.

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=%5BGroup+529+U.S.+266:%5D(%5BLevel+Case+Citation:%5D%7C%5BGroup+citemenu:%5D)/doc/%7B@1%7D/hit_headings/words=4/hits_only?

Kyllo v. U.S.                                                 Technology

http://supct.law.cornell.edu/supct/html/99-8508.ZS.html

Miranda v. Arizona                                      5th amendment

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+384+U.S.+436:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only?

Dickerson v. U.S.

http://supct.law.cornell.edu/supct/html/99-5525.ZS.html

Escobedo v. Illinois                                      6th amendment

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+378+U.S.+478:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only?

Gideon v. Wainwright

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+372+U.S.+335:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only?

In  re Gault                                                  Juvenile Rights

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group%20387%20U.S.%201:]([Level%20Case%20Citation:]|[Group%20citemenu:])/doc/{@1}/hit_headings/words=4/hits_only?

Miller v. California                                      Obscenity

http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=%5BGroup+413+U.S.+15:%5D(%5BLevel+Case+Citation:%5D%7C%5BGroup+citemenu:%5D)/doc/%7B@1%7D/hit_headings/words=4/hits_only

SAMPLE FORMAT - not 100% correct, make sure you review and correct any errors.

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 - your words.

The 4th, 5th and 6th amendment topics constitute ONE PAPER.  Remember to include a discussion piece on the applicability of the U.S. Constitution as it relates to these topic areas.  This Paper is due:

MID TERM:   

BIOGRAPHY 25 points,

U.S. Constitution quiz 22 points,

ESSAY U.S. Constitution 50 points,

ESSAY Due Process / Exclusionary Rule 50 points,

PAPER 4th, 5th, and 6th amendments 135 points,

MID TERM EXAM 100 points

TOTAL POINTS       382 points

FINAL:    

PAPER - Regional crime lab  25 points

PAPER - court case analysis www.courttv.com - 100 points,

PAPER - scientific evidence analysis -  http://library.rcc.edu/eresources.htm#reference - forensic net base, 100 points,

FINAL EXAM  100 points

TOTAL POINTS:     707 points

EVIDENCE    Thursday

As part of this class, we make a field trip to the California Department of Justice Crime Laboratory.   This trip will give each student a reality check on the outline in Chapter 6 as well as the CSI effect.  This is a mandatory trip for enrolled students.  I will give ample notice for all ENROLLED students to attend.  Absences will be noted.  A 25 point paper resulting from the trip will be assigned.  No open toed shoes.  Paper due:

EVIDENCE    Thursday

Regional crime lab

EVIDENCE    Thursday

Regional crime lab

This assignment requires your choosing a case from COURT TV from the following annotated listing, analyzing its content for evidentiary items; specific evidence and type of evidence.  Based on class discussion and reading assignments discuss the application of these concepts and the rules of evidence.   Paper due:

Case Study:   

Court TV case -  the application of due process.  The People of the State of California v. Michael Jackson.      http://www.courttv.com/trials/jackson/

Court TV case - the application of due process.  The People of the State of California v. Scott Peterson.  http://www.courttv.com/trials/peterson/index.html

Court TV case - the application of due process.  The People of the State of California v. Robert Blake.  http://www.courttv.com/trials/blake/

Court TV case - the application of due process.  The State of Florida v. Joseph Smith.  http://www.courttv.com/trials/brucia/

Court TV case - the application of due process.  The People of the State of California v David Westerfield.  http://www.courttv.com/trials/westerfield/index.html

Court TV case - the application of due process.  The State of Texas v. Andrea Yates.  http://www.courttv.com/trials/yates/index.html

EVIDENCE    Thursday

Regional crime lab

This assignment requires your choosing a book from the following database for review and analysis - your choice as to area of interest.  This assignment will familiarize you with scientific analysis and review of subject matter.  This subject matter is available through the RCCD library at - http://library.rcc.edu/eresources.htm#reference - forensic net base. 

Search for the latest techniques in forensic analysis, information on expert witnesses, or case studies in the field of criminal justice. 

OUTLINE FIVE (5) AREAS OF SIGNIFICANT EVIDENCE;  DIRECT, CIRCUMSTANTIAL, TESTIMONIAL, SCIENTIFIC ANALYSIS, EXCLUSIONARY RULE, ETC.

PAPER OUTLINE:  Introduction - why this particular area of interest, discussion points, summary. 

Paper due:

I will review your papers, ONE TIME,  prior to their final submission. 

The People of the State of California v Ivory J. Webb is a significant case in the annals of criminal cases, especially in the Inland Empire pertaining to use of force criminal cases involving California Peace Officers.  Your assignment is to keep a web blog on the case from the original charging today, March 7, 2006 through the total case, or the end of this class.  You can find pertinent information on this case by logging into the San Bernardino Sun www.sbsun.com ,  or the Los Angeles Times www.latimes.com.  You are to critically analyze the case, both legally (what does the law say), what types of evidence are being used by the District Attorney's office in the prosecution,  as well as personally (what do I think about this case), through the various segments of the criminal justice system regarding this matter.  Due:

Fingerprints_history.pdf

Websites related to FINGERPRINTS:

http://www.onin.com/fp/

http://www.scafo.org/

http://www.redwop.com/default.asp

http://www.theiai.org/

REVIEW: Six (6) papers are the assignment. There is no minimum number of pages.  You are advised to be expansive in the discussion of the topic area.

If you have any questions about assignments and completion dates, please insure you contact me at your earliest convenience. 

I am not responsible for your misinterpretation of a class assignment and its attendant due date.

contract_sex.pdf

innocence_compensation.pdf

lapd_trng_reimburse.pdf

 

chapt

Criminal Evidence - Judy Hails Kaci

Introduction to Criminal Evidence

Evidence teaching outline

The Constitution of the United States

Bill of Rights re-write

Bill of Rights For a Black Man

USA PATRIOT ACT 2001

Privacy Rights Clearinghouse

 

 

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