Criminal Justice in Society and Court
Management
TR:
Professor: Comparato
Office: Faner 3165
Office Hours: TWR:
Phone: 453-3193
Email: scompara@siu.edu
Course
Purpose
This course is designed to
introduce students to the workings of the criminal justice system in the
Another primary purpose of this course is to improve your critical reading, writing, and research skills. Toward that end, the written assignments and exams will focus on improving proficiency in those areas. In addition, emphasis is placed on classroom participation and a critical discussion of the issues found in the readings.
Text
Neubauer,
David W. 2002.
Additional readings can be purchased in the form of a course packet from Kopies & More.
Course
Requirements
Your grade will be based on your performance on two exams, a research paper, case briefs, and class participation.
You are always welcome to stop by my office during office hours to discuss questions/issues related to the course or other academic matters. I am happy to make appointments outside of my office hours if you are unable to stop by during those times. You may also contact me by phone or email. I will do my best to return your call within 24 hours. If you would like a more immediate response, I check my email frequently, and will return messages as promptly as possible.
As this is an upper level course, I expect you to develop your analytical and writing skills. The test questions are designed to challenge your ability to extrapolate from the information provided in class and in the readings, and also to convey that information in a clear, concise and effective manner. Students who cannot take an exam at the scheduled time must inform me at least one week prior to the exam to make separate arrangements. No student will be allowed to take the final exam prior to its scheduled date. If you miss an exam, or fail to turn in one of the written assignments on the scheduled date without having spoken with me first, you must present a note from a physician or the University to make up that assignment.
You are required
to write a 10-12 page research paper, that extends beyond the material covered
in class. You are expected to choose a
topic related to criminal justice or defendants’ rights in
Case
Briefs (15%)
Much of our focus this semester will be on cases decided by the Supreme Court. Briefing will help you to better understand the cases, and make studying for the exams much easier. You are expected to come to class every day having completed all of the reading, and having briefed the appropriate cases for that day’s topic. Briefs will be collected randomly in order to ensure that as many students as possible are prepared for each class. Like your research paper, all briefs must be prepared on a typewriter or word processor and printed. I do not accept briefs via email. Make sure to staple all briefs together and include your name on each page. If you miss class on the day briefs are collected, you will not be allowed to submit them later, whatever the reason for your absence. I will discuss the proper formatting and content of briefs during the first week of class.
Attendance in this course is required. For many of you, this is the first time you have been exposed to Supreme Court cases. We will devote a significant portion of class time to the discussion and analysis of those cases. Because I feel that class time is so important, I do not offer excused absences, except for religious observance, as required by the University. You must notify me at least three class periods prior to the day you will be absent in order to be excused from class for religious reasons.
For every absence, including illness, two percentage points will be deducted from your final grade. You may prevent those points from being deducted by submitting a two-page, single spaced, analysis paper no later than one week from the day you were absent. In the paper, you should discuss the primary issues that we were scheduled to discuss in class the day that you missed, providing a detailed analysis of the Court’s reasoning in those cases covered. A maximum of five analysis papers may be submitted to cover absences. Beyond five absences, two percentage points will be deducted for every additional absence. Simply put, there is no such thing as excused absences in this class.
If you have a situation that will force you to miss an exam, then you must notify me immediately so that separate arrangements can be made. I will reschedule exams for students in only the most exceptional of circumstances. If it involves a health issue, I require documented proof of your illness.
I also do not tolerate tardiness. If you enter class late, I consider that an absence, and points will be deducted accordingly. If you have circumstances that dictate chronic absence or tardiness, I strongly suggest that you reevaluate your decision to take this class.
Mere attendance in class is not sufficient; you must be an active member of the class. In order to receive credit for this portion of your grade you must show a willingness to engage the material in class, discussing cases in a critical manner. I expect volunteers to lead discussion on cases that are assigned. I will also call on students to present the facts of the case and to provide an analysis of the Court’s decision. Reading the course material thoroughly and coming to class prepared to discuss cases is expected, and essential to learning the material and being successful in this class.
Student
Conduct
Students should behave in a professional and courteous manner at all times. Students are expected to turn off all cell phones and pagers when entering class. It is essential that students feel comfortable in the classroom. I expect all students to be tolerant of all other students and their views. Disagreement is expected and encouraged, but always remain respectful of your fellow students and the professor. Any student behaving in a manner that is in any way disruptive or inappropriate will be removed.
Academic
Integrity
You are responsible for your own work! It is considered cheating to submit someone else’s work as your own. Using information from another source (book, article, internet site, another student, etc.) without properly crediting the author is plagiarism. Direct quotations, paraphrased information, and the general use of another person’s idea must be properly referenced in your work. Submission of material that is not your own will result in a failing grade in this course. During exams, you are not allowed external aids (notes, books, etc.). The penalty for violations such as plagiarism, cheating, or other misconduct will result in a failing grade in the course, and may result in a formal charge of misconduct as outlined in the Student Conduct Code, possibly leading to further sanctions.
If you have any questions about what constitutes cheating and plagiarism, contact the Southern Illinois University office of Academic Advising, or view the policies and procedures of the University online at: http://www.siu.edu/~advise/policies.html.
Disabilities
Students with disabilities who require individualized testing or other accommodations should identify themselves to me immediately. Every effort will be made to accommodate your needs.
Grading
Midterm Exam 100 points (20%)
Final Exam 150 points (30%)
Research Paper 125 points (25%)
Case Briefs 75 points (15%)
Participation 50 points (10%)
Total 500 points
A 90 – 100
B 80 – 89
C 70 – 79
D 60 – 69
F 59 – Below
August
23rd –
August 28th
A. The Role of the Court in the Criminal Justice System
B. Approaches to Supreme Court Decision-Making
C. Legal Advocacy
D. Legal Research and Briefing Cases
E. Powers and Constraints
· Epstein & Walker, pp. 61 – 75
· Cases:
Marbury v.
September
4th – II. Outline of the Criminal Justice System
September
11th
A. The Nature and Purpose of Criminal Law
· Neubauer, pp. 26 – 57
B. Federal Courts
· Neubauer,
pp. 58 – 88
C. State Courts
· Neubauer, pp. 89 – 110
D. Scope and Issues of Lower Courts
· Neubauer,
pp. 478 – 500
September
13th – III.
Important Actors in the Criminal
Justice System
September
20th
A. The Courthouse Dynamic
· Neubauer,
pp. 111 – 136
B. Prosecutors
· Neubauer,
pp. 137 – 165
C. Defense Attorneys
· Neubauer,
pp. 166 – 190
D. Judges
· Neubauer, pp. 191 – 219
E. Defendants and Victims
· Neubauer, pp. 220 – 243
September
25th – IV. The
Fourth Amendment: Protections Against
October
9th Unreasonable
Searches and Seizures
A. Overview and Introduction
B. Pre-Trial
· Neubauer, pp. 245 – 273
C. Search and Seizure
1.) Searches with Warrants: Probable Cause
· Cases:
2.) Searches Incident to a Valid Arrest
· Cases: Chimel v.
· Bain, “Walking While Black” (packet)
3.) Loss of Evidence
· Cases:
Rochin v.
4.) Consent Searches
· Cases:
Bumper v.
5.) Safety Searches
· Cases: Terry
v.
6.) “Place” Searches
a.) Origins
· Case: Katz
v.
b.) Cars
· Cases: Chambers
v.
c.) Fields
· Case: Oliver
v.
d.) Drug Testing
· Cases:
D. Enforcing the Fourth Amendment: The Exclusionary Rule
· Neubauer,
pp. 298 – 321
· Cases:
Mapp v.
E. Bail
· Neubauer, pp. 274 – 297
· Case:
US v.
Midterm
Examination, Tuesday October 16th
A. Overview
B. Self-Incrimination and Police Interrogations
· Cases: Brown v.
C. Post-Miranda
1.) Custody
· Cases:
2.) Interrogation
· Cases:
Brewer v. Williams,
3.) Incriminating Statements
· Cases:
Fall
Break: October 30th –
November 1st
November
6th VI. The
Sixth Amendment: The Right to Counsel
A. Indigents and the Right to Counsel
· Cases: Powell v.
B. Ineffective Counsel
· Cases:
Strickland v.
November
8th VII. The
Criminal Trial
November
15th
A. Pre-Trial Stages
· Case:
B. Overview
of the Trial Process
C. Rights Associated with Trial
1.) Speedy Trial
· Cases:
2.) Right to Confront Witnesses
· Cases: Pointer v.
November
20th – VIII. Decision-Making and Sentencing
November 29th
A. Plea Bargaining
· Neubauer, pp. 322 – 347
· Cases: Brady v.
B. Juries and Fair Trials
· Neubauer, pp. 348 – 381
· Cases: Batson v.
C. Limitations on Sentencing: Cruel and Unusual Punishment
· Neubauer, pp. 383 – 414
· Cases: Gregg v.
· Males and Macallair,
“Striking Out: The Failure of
· Wills,
“The Dramaturgy of Death”
D. Sentencing
· Neubauer,
pp. 415 – 449
December
4th IX. Post-Conviction
Retrial and Double Jeopardy
· Case: Ashe v. Swenson.
December
6th X. Criminal Appeals
· Neubauer, pp. 452 – 477
December
6th **Research Papers Due**
Midterm
Exam: Tuesday,
October 16th
Research Paper: Thursday, December 6th
Final Exam: Thursday,
December 13th,
No Class: August 30th (APSA Meeting);
October 30th and November 1st (Fall Break);
November 22nd (Thanksgiving).