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CJ 204 Constitutional Law • 5 Cr.

Description:

Studies the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U. S. Constitution and their impact on contemporary police practices. Students analyze Supreme Court decisions concerning arrests, searches, seizures, self-incrimination, and post-indictment right to counsel.

Outcomes:

After completing this class, students should be able to:

  • Introduction
    • An overview of the criminal justice process
      • Students will learn the elements of diversity – the primary role of state authority
      • Student will learn the steps in the process form the report of the crime through collateral remedies
      • Students will learn the administrative environment concerning the variety of offenses, public concern and caseload pressures.
    • The nature and scope of the 14th amendment – due process clause: the Federal Supervisory Power; State Rights Protections
      • Students will learn the total incorporation and selected incorporation theories about the 14th amendment
      • Student will study the problem of bodily extractions and take a look at how the “due process” and “selective incorporation” were used in the court’s analysis
      • Student will study the federal courts supervisory power over the administration of federal criminal justice
      • Student will learn the new federalism in criminal procedure and new limitations on states rights protection.
    • The right to counsel, transcripts and other aides; Poverty, Equality and the Adversary System.
      • The student will learn the right to appointed counsel and other related problems.
      • The students will learn about the right to appointed counsel in proceedings other than criminal prosecutions.
  • Police Practices
    • Issues concerning the police, the courts and the criminal process.
      • The student will study various academic articles covering the spectrum facing today’s criminal justice system.
      • Students will learn about some of the complexities facing a culturally diverse society.
    • Arrest, search and seizure
      • The student will learn about the exclusionary rule
      • The student will learn about the legal definition of protected areas and interest
      • The student will learn about the probable cause requirement for constitutionally permitted intrusion by the police
      • Students will learn about the issuance and execution of search warrants
      • Students will learn about warrantless search is permitted
      • Students will learn under what conditions a stop and frisk of a person is permitted
      • Student will study other warrantless search of the person
      • Students will study the problems concerning consent searches
    • Wiretapping, electronic eavesdropping, the use of secret agents to obtain incriminating statements, and the fourth amendment
      • Student will study the historical background concerning the constitutionality of police spying
      • Student will learn about Title III of the Crime Control Act and its constitutional application
      • Students will learn about the use of secret agents with and without electronic devices to obtain incriminating statements.
    • The defense of entrapment
      • Students will learn about the appropriate tests for discerning entrapment.
    • Police interrogations and confessions
      • Student will learn through academic articles some of the different perspectives that exist concerning police conduct
      • Student will learn about the historical backdrop concerning police interrogations and confessions and contract it to today’s trend
      • Students will learn about the Miranda requirement and gain an understanding about its ramifications concerning police conduct
      • Student will learn about the old due process or the “voluntariness” test and contrast it against Miranda to gain a better understanding of police interrogations
    • Line ups show ups and other pretrial identification procedures
      • Student will learn the constitutional concerns about the dangers involved in eyewitness identifications
      • Students will study the problems associated with due process and other limitations concerning eyewitness identification
  • Commencement of formal proceedings
    • Pretrial Release
      • Students will study the right to bail and pretrial release procedures
      • Students will study the constitutionality of preventive detention
    • Location of the prosecution
      • Students will learn about federal and state venue and jurisdiction
    • The right to a speedy trial and right to speedy disposition at other steps in the criminal process
      • Students will learn about the constitutional right to a speedy trial
      • Student will discuss the right to other speedy dispositions
  • The adversary system and determination of guilt or innocence
    • Assistance of counsel
      • Student will learn about the right to represent oneself
      • Students will learn about the right to counsel of one’s own choice
      • Student will learn about he meaning of the right to effective assistance of counsel
      • Student will learn about an indigent’s right to have an appointed counsel
    • Trial by jury
      • Students will learn about the right to a jury trial as well as a right to wave a jury trial
      • Student will learn about the jury selection process and its relationship with societal tensions
    • The ban against double jeopardy
      • Student will discuss the role of the prosecution after a mistrial, acquittal, and conviction
  • Appeals and post-conviction review
    • Appeals
      • Students will learn about the defendant’s constitutional right to an appeal and how the appeal process works
      • Students will learn about he scope of appellate review and when it is and is not binding upon police

Offered:

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Contact info

Bellevue College
3000 Landerholm Circle SE Bellevue, WA 98007-6484 U.S.A.
Work: (425) 564-1000