The University of North Carolina at Wilmington

Department of Political Science

Fall 2006

PLS 305: THE CONSTITUTION AND THE CRIMINAL JUSTICE SYSTEM

Instructor: Mike Haas                                       Phone: Office: 962-3220; Home: 784-9925

Office:  LH 264                                                E-Mail:  [email-masked]

Office Hours: By Appointment                             [email-masked]

Class Hours: MWF 1:00 p.m. to 1:50 p.m.       web-page: http://people.uncw.edu/haasm

I. COURSE DESCRIPTION AND OBJECTIVES

This course is a study of the United States Constitution and the amendments that particularly affect criminal law procedure (4th, 5th, 6th, and 8th Amendments) as well as the United States Supreme Court decisions which affect the rights of suspects, defendants, witnesses and convicted criminals.  Students will examine the role and context of criminal procedure in the justice system, the law of search and seizure, the Exclusionary Rule, arrests and stop and frisk situations, searches with and without warrants, the right to counsel and criminal interrogations, lineups and show ups and the pre-trial and trial process.  The course will also examine legal history, various Supreme Court justices and the role of the jury in the American legal system.

II.  REQUIRED TEXT

Zalman, Marvin, Criminal Procedure, Constitution and Society, 4th Edition, 2005, Pearson/Prentice Hall, ISBN 0-13-177708-4.

Other reading material may be added as needed.

III. COURSE REQUIREMENTS

A. Class Contribution (15%)

In order to foster active learning, there will be an emphasis on classroom discussion and debate of legal concepts and ideas as well as use of small group exercises and other techniques.  In order for this format to be effective, students are expected to have read all assigned material and completed all written assignments prior to class.  In addition, classes will often begin with a short five-minute written quiz or response essay about a topic in the reading.

Attendance will be taken at the beginning of each class.  Each student may have two unexcused absences during the semester, but any other unexcused absences will lower this portion of the grade.  Frequent lateness or early departure from class will also be noted.

B. Class Assignments (15%)

Assignments generally turned in during class will consist of case briefs, reviews of websites or legal publications, quizzes and written responses to questions concerning text readings.  Papers should be printed and not hand written.

C.  Examinations  (70%)

The course will have one in-class mid-term and one final exam, (each worth one-half of the exam total), consisting of multiple choice, short answer and essay questions.  The emphasis is on well-constructed exam essays, which show good organization, knowledgeable content and proper use of grammar, syntax and spelling.

IV. CLASS SCHEDULE

August 23, Introduction to the Course

August 25,  Chapter 1, The Meaning of Criminal Procedure

August 28,    Overview of Legal History

August 30,    Incorporation of the Bill of Rights

September 1, How to Brief Cases

September 4, Labor Day Holiday, No Class

September 6, Chapter 2, The Fourth Amendment and the Exclusionary Rule

September 8,  The Exclusionary Rule

September 11, Alternative Remedies

September 13, Costs and Benefits of the Rule

September 15,  Chapter 3, Essential Fourth Amendment Doctrines

September 18,  Search Warrants, Search and Seizure

September 20,  Probable Cause, Plain View

September 22, Consent Searches

September 25, Chapter 4, Arrest and Stop under the  Fourth Amendment

September 27  Arrest Warrants, Search Incident to Arrest

September 29, Stop and Frisk

October 2,       Arrest and Domestic Violence

October 4, Chapter 5, Warrantless Searches

October 6,  Hot Pursuit, Auto Exceptions

October 9, Fall Vacation, No Class

October 11, Regulatory Searches, Racial Profiling, Special Needs

October 13, MID-TERM EXAM

October 16, Chapter 6, The Right To Counsel

October 18,  Gideon v. Wainwright, Self Representation

October 20, Effective Assistance of Counsel

October 23, Chapter 7, Interrogation and the Law of Confessions

October 25,  Miranda Decision,

October 27, Self Incrimination

October 30, Questioning after charging

November 1, Chapter 8, Identification of Suspects: Lineups and Showups

November 3    Identification and Right to Counsel, 5th Amendment

November 6, Eyewitness Identification,

November 8, Chapter 9, Entrapment

November 10, Origins and Classifications

November 13, Subjective-Objective Tests, Due Process

November 15, Outrageous Conduct, Undercover Policing

November 17,  Chapter 10, The Pre-Trial Process

November 20, Bail and Pretrial Release

November 22 & 24, Thanksgiving Holiday, No Class

November 27, Grand Jury Screening, Prosecutorial Misconduct

November 29, Chapter 11, The Trial Process

December 1, Rights to Fair Trial, Process, Silence, Confrontation, Jury Voir Dire

December 4, Presumption of Innocence, Guilt Beyond a Reasonable Doubt

December 6, Course Review, Last Class

December 11 (Monday), FINAL EXAM, 11:30 a.m.-2:30 p.m.