AUSTIN COMMUNITY COLLEGE

Legal Aspects of Law Enforcement

CRIJ 2323 (22666)

Spring 2011 Syllabus

Instructor:  Michael Martinez, 223-1790 ext. 25913, leave voice mail or E-mail mmartin6@austincc.edu

Office Hours:Mondays and Wednesdays 11:00 A.M. to 12:00 P.M. in adjunct faculty office, on third floor, Eastview Campus

Textbook:  Criminal Procedure, From First Contact to Appeal.  Third Edition, John L. Worrall

Description:  A study of police authority, responsibilities, constitutional constraints, laws of arrest, search and seizure, and police liability.

Instructional Methodology:  At the instructor’s discretion, lecture, videos, class discussion, research papers, and class projects may be used to instruct the class.

Requirements:  Students are required to attend classes in order to progress satisfactorily.  Excused absences may be allowed in the event of severe illness or emergency, but must be preceded with a call to the instructor regarding the nature of the absence.  Perfect attendance will be taken into consideration as a part of the overall grade.  Absences in excess of three (3) days could result in a failure of the class.  Students are required to complete all assignments.

Assignments:Turned in as scheduled and in the proper format.  Each assignment will be graded and factored in to the overall grade.  Late assignments will be docked.

Exams:  Exam dates are set but in the event of illness or emergency, notification of inability to attend must be received on or before exam date. (ph. msg. or email)

Extra credit:Will be considered on a case by case application and may include written assignments or oral presentations.

Preparation:  It is expected that each student will be fully prepared for each classroom session by reading the appropriate chapter, corresponding sections of the code of criminal procedure and submitting assignments, if any. This will enable the students to participate in classroom discussions with the presentation of new material.  Reading assignments must be completed prior to each class.  Classroom participation will also be taken into consideration, similar to attendance, as a part of the overall final grade.

Legal Aspects of Law Enforcement

CRIJ 2323 (22666)

Spring 2011 Syllabus

Scans Competencies:  Department scans skills for this course are: reading, writing, speaking and listening, thinking skills, personal qualities, workplace competencies, and basic use of computers.  Students will demonstrate their mastery of these skills through the use of class discussions, written assignments, demonstrations, and test taking.

Grading Method:  The course will have two (2) major exams covering only the material preceding each exam, which will account for 90% of the overall grade.  The remaining 10% will be determined by the completion of assignments (if any), classroom participation, and attendance.  The instructor reserves the discretion of surprise quizzes should classroom participation be lacking.  All factors will be calculated and displayed in alpha form as listed below.

 A= 100-90, B=89-80, C=79-70, D= 69-60, F= below 60

Course Objectives and Rationale:  The objective of the instructor and this class is to give the students a working knowledge and understanding of the fundamentals of criminal law.  This will be accomplished through weekly readings, homework assignments, and major exams.

This course will cover information that will assist criminal justice students in continuation of higher education goals and their employment in the criminal justice system.

Electronic Devices:  The use of electronic devices is strictly forbidden during all exams.  However, during normal class hours all devices will be placed on silent mode or turned off.  The use of laptop computers may be used as a note taking option but should not interfere with other students in the class or with the instructors lecture.  Additionally, at no time will the student use any electronic device to “surf the net”.  Any student violating this agreement may suffer departmental sanctions.

Miscellaneous:  Anything not covered in this syllabus will automatically default to the ACC student handbook. 

Required textbooks:

Criminal Procedure: From First Contact to Appeal, 3rd edition, John L. Worrall, Pearson Publishing

and

Texas Criminal & Traffic Law Manual, LexisNexis Publishing

This course is a study of police authority, responsibilities, constitutional constraints, laws of arrest, search and seizure, and police liability.

Lecture and discussion topics include:

• Introduction to Criminal Procedure
• Remedies for Constitutional Violations
• Introduction to the Fourth Amendment
• Searches and Arrest with Warrants
• Searches and Arrest without Warrants
• Actions Based on Reasonable Suspicion
• Actions Based on Administrative Justification and Consent
• Interrogations and Confessions
• Identification Procedures and the Role of Witnesses
• Civil Liability
• The Pretrial Process
• Prosecutors, Grand Juries and Defense Attorneys
• Plea Bargaining and Guilty Pleas
• Rights at Trial
• More Rights at Trial
• Sentencing, Appeals and Habeas Corpus

TCLEOSE STUDENT LEARNING OBJECTIVES

CRIJ-2323 Legal Aspects of Law Enforcement

4. U.S. and Texas Constitutions, Bill of Rights, and Criminal Justice System

Unit Goal:  4.1.  The student will understand, respect, and apply the U.S. Constitution and Bill of 
                                  Rights as they pertain to the role of peace officers and the rights of citizens.

4.1.1.  Explain the basis of the U.S. Constitution and Bill of Rights, including special emphasis on the freedom of
             the individual and human rights.

4.1.2    Define Writ of Habeas Corpus.

4.1.3.  Recall the main concepts of Article 2 and Article 3 of the Constitution.

4.1.4.  Discuss rights enumerated in Constitutional Amendment I.

4.1.5.   Discuss rights enumerated in Constitutional Amendment IV.

4.1.6.  Discuss rights enumerated in Constitutional Amendment V.

4.1.7.  Discuss rights enumerated in Constitutional Amendment VI.

4.1.8.  Discuss rights enumerated in Constitutional Amendment VIII.

4.1.9.  Discuss rights enumerated in Constitutional Amendment IX.

4.1.10.Discuss rights enumerated in Constitutional Amendment X.

4.1.11. Discuss rights enumerated in Constitutional Amendment XIV.

4.1.12. Analyze personal and organizational values relative to police role in relation to the Constitution and Bill
               of  Rights.

Unit Goal:  4.2.  The student will understand, respect, and apply the Texas Constitution and Bill of
                                   Rights as they pertain to the role of peace officers and the rights of citizens.

4.2.1.  Discuss and defend an individual's rights proclaimed under Article 1 of the Constitution of the State of Texas.

4.2.2.  Explain Article 17 of the State Constitution as it relates to the ever-evolving nature of the document.

Unit Goal:  4.3.  The student will understand and appreciate the specific roles and inter-
                                   relationships of the various components within the Criminal Justice system.

4.3.1    Outline the structure and role of the Criminal Justice System.

4.3.2    Explain how the three components of the criminal justice system directly affect each other.

4.3.3    Identify the differences between civil and criminal law.

4.3.4    Identify the civil/criminal courts and their jurisdiction.

6.  Code of Criminal Procedure

Unit Goal:  6.1.  The student will have an understanding of the statutory authority for
                                  administration of criminal procedure as enumerated by the Texas Code of
                                  Criminal Procedure (CCP).

6.1.1.  Identify the basis for administration of criminal procedure in Texas.

6.1.2.  Identify the basic rights enumerated in the CCP.

Unit Goal:  6.2.  The student will have an understanding of the general duties and responsibilities
                                  for officers as enumerated by the CCP.

6.2.1.  Identify who are magistrates and their duties.

6.2.2.  Identify who are peace officers.

6.2.3.  List the duties of peace officers.

6.2.4.  List the duties of peace officers relating to Racial Profiling.

6.2.5.  List the duties of peace officers relating to Forfeiture of Contraband.

Unit Goal:  6.3.  The student will understand the courts and their criminal jurisdiction.

6.3.1.  Identify courts which have criminal jurisdiction.

6.3.2.  Identify the jurisdiction of the Courts of Appeals.

6.3.3.  Identify the jurisdiction of the Court of Criminal Appeals.

6.3.4.  Identify the jurisdiction of district courts.

6.3.5.  Identify the jurisdiction of the county courts.

6.3.6.  Identify the jurisdiction of the justice courts.

6.3.7.  Identify the jurisdiction of municipal courts.

Unit Goal:  6.4.  The student will understand the procedures to be followed in the prevention and
                                   suppression of offenses.

6.4.1.  List the duties of officers relating to family violence prevention.

6.4.2.  List the duties of officers relating to threats of injury or death to persons or damage to property.

6.4.3.  List the duties of officers relating to suppression of riots and other disturbances.

6.4.4.  List the duties of officers relating to protective orders for victims of sexual assault.

Unit Goal:  6.5.  The student will understand the time limitations relating to felonies and
                                   misdemeanors.

6.5.1.  Identify the time limitations relating to felony offenses.

6.5.2.  Identify the time limitations relating to misdemeanor offenses.

6.5.3.  Identify the time limitations relating to aggravated offenses, attempt, conspiracy, solicitation, and organized criminal activity.

Unit Goal:  6.6.  The student will understand the requirements and procedures for arrests without
                                   and with a warrant of arrest.

6.6.1.  List the duties of officers relating to arrest without warrant.

6.6.2.  List the duties of officers relating to arrest under warrant.

Unit Goal:  6.7.  The student will understand the requirements and procedures for search
                                  warrants.

6.7.1.  List the duties of officers relating to search warrants.

Unit Goal:  6.8.  The student will understand court processes as they relate to criminal offenses.

6.8.1.  Explain court papers relating to offenses.

6.8.2.  Explain court papers relating to witnesses.

6.8.3.  Explain the bail procedure.

Unit Goal:  6.9.  The student will understand the process relating to inquests upon dead bodies.

6.9.1.  Identify requirements for an inquest.

Unit Goal:  6.10.  The student will understand the process relating to the Sex Offender Registration
                                     Program.

6.10.1.             Identify requirements for sex offenders.

7.  Arrest, Search, and Seizure

Unit Goal:  7.1.  Understand the legal authorities as they pertain to the role of the peace officer and
                                  the rights of citizens regarding arrest.

7.1.1.   Identify the conditions for arrest.

7.1.2    Discuss the issues surrounding custodial statements

7.1.3.   Explain the statutory requirements for warrant-less arrests.

7.1.4.   Explain procedures for obtaining a warrant of arrest.

7.1.5.   Identify the process for arresting with a warrant.

7.1.6.   Identify suspicious circumstances.

7.1.7.   Building probable cause and its application

7.1.8.  Reasonable suspicion and temporary detention.

7.1.9.   Identify circumstances when frisking is permitted.

7.1.10.Distinguish who may be frisked and what may be seized during the frisk.

7.1.11.Identify the categories of evidence for which a search may be conducted.

7.1.12.Identify circumstances which justify a lawful search pursuant to a search warrant.

7.1.13. Identify circumstances which justify a lawful search without a warrant.

7.1.14.Indicate how the exclusionary rule applies.

11.  Civil Process and Liability

Unit Goal:  11.1. The student will be able to identify the liability assumed resulting from improper
                                   acts or failure to act during daily law enforcement duties and in the execution of
                                   civil process.

11.1.1.Recognize that peace officers and the entity that employs them are liable for improper acts likely resulting in civil action.

11.1.2.Describe the difference between criminal and civil liability for wrongful actions taken by peace officer.

Unit Goal:  11.2.  The student will understand the difference between civil and criminal process.

11.2.1. Identify the major differences between civil and criminal law.

Unit Goal:  11.3.  The student will be to describe the difference between general contempt of court
                                    and constructive contempt of court.

11.3.1.Identify the difference between general contempt of court and constructive contempt of court.

Unit Goal:  11.4.  The student will be able to understand common English and Latin terms used in
                                    civil process. 

11.4.1. Define the most common English terms used in civil process.

11.4.2  Define the most common Latin terms used in civil process. 

Unit Goal:  11.5.  The student will be able to describe how the jurisdictions of courts of this state are
                                    established.

11.5.1.Describe how the court jurisdictions in the state are established.

11.5.2.Identify general court jurisdictions.

Unit Goal:  11.6. The student will be able to describe civil action procedures and process.

11.6.1.Identify the process involved in a civil suit.

11.6.2.List the persons authorized to serve process and their duties under the Texas Rules of Civil Procedure (TRCP 103/536).

11.6.3  Identify the process for service of citations.

Unit Goal:  11.7.  The student will be able to describe Writs that are available before judgment,
                                    pre-judgment and their purpose.

• Identify the Writs process available before judgment.
• Identify the Pre-Judgment Writs.
• Identify Judgment Enforcement Documents and their purpose.
• Identify the civil and criminal responsibility of the courts in Landlord Tenant Relations.