CRIMINAL JUSTICE STUDIES PROGRAM
THE UNIVERSITY OF DAYTON
DAYTON, OHIO
CJS-315-01 CRIMINAL PROCEDURE
11:00 AM M-W-F in Miriam Rosenthal Hall, Room 215
J. Ingram Office: St. Joseph Hall, #432
Phone: 9- 3028 or 229-3028 if you are not on the campus.
Email: jefferson.ingram@notes.udayton.edu
The web address of this document is http://homepages.udayton.edu/~ingram/sycpf98.htm
Express Voice Mail: phone 229-2599, or
9-2599 if on campus; follow the voice prompts and leave a message by punching
in 93028# on your telephone and speaking in
a very clear and loud voice. Be sure to give your telephone number so your
call can be returned. You may e-mail the instructor by using the e-mail
address in this sentence or by clicking on this link if your browser is
configured appropriately: jefferson.ingram@notes.udayton.edu
REQUIRED Reading materials are located at the addresses listed as links within the body of this document. Most of the documents are edited cases and related text with notes and questions. The edited law cases should should be read, prior to each class, with a view of discerning the problem presented and discovering why the court decided the case in a particular manner. These materials are organized into a basic chapter format.
Additional Resources If you find a need to read the complete case, point your browser to http://web.lexis-nexis.com/universe and, after following the proper steps at that location, you should have any case you want. For this link to allow you access, you must be logged onto a University server and not using a private internet service provider. An alternative location to access ONLY current term United States Supreme Court cases is www.usscplus.com. This is a free site which is fairly easily navigated and has other interesting material about the Court. This link, www.usscplus.com , works whether you are on a University server or not, but is free only for current term materials. Another alternative to consider if you wish to view a whole case is www.findlaw.com where you can follow the prompts to obtain the case for which you have an interest. For the text of state constitutions and some court decisional law of all of the several states, try This Link, and follow the new links which will direct you to your destination..
If you want to visit the Supreme Court of the United States' web site which has links for its docket, history of the Court, and links to related web sites, click on This Link. For a visit to the Constitution of the United States, try This Link, which has a variety of ways of obtaining additional information about the Constitution and the Amendments. Be sure to scroll down a bit to find the information on This Link.
Need a Legal Dictionary? Try clicking on any of these three sites for a legal dictionary. Dictionary One, Dictionary Two, or Dictionary Three.
OPTIONAL OUTLINE TEXT: Gilberts on Criminal Procedure, [recent edition is permissible, latest preferable.]
CLASS PROCEDURE: Modified Socratic approach. Students must read text and prepare the assigned cases prior to attending class. Recently decided cases which are too new to be included in the original material will be included in this web syllabus as additional clickable links embeded below in appropriate places and/or emailed to you as time permits. Current events in newspapers and weekly news magazines will be utilized in demonstration of criminal procedure and constitutional theory, where appropriate.
EVALUATION: Three examinations shall be administered. Each examination will be equally weighted and collectively the three exam grades will determine the final course grade. Each examination will consist of an essay section and an objective section. Individual attendance and individual class participation and preparedness may constitute positive factors on the final evaluation in cases of close cases between one grades and a higher one. No make-up examinations will be given unless prior arrangements have been made or upon proof of an illness from the Dean of Students. Where a make-up exam is to be offered, the make-up exam date is Saturday, 8 DECEMBER 2001, at 8:00 A.M., 2001 In Saint Joseph Hall, Room 434. It is the seminar room, take a left from the elevator and turn left at the first hallway. It is the first door on your right.
FALL TERM- 2001 CLASS MEETS: M-W-F 11:00 -11:50 A.M. in Miriam Rosenthal Hall room 215
AUGUST 22 WEDNESDAY Introduction, Administrative details, and initial class.
AUGUST 24 FRIDAY
Read Introduction to the Criminal Process: http://homepages.udayton.edu/~ingram/intro.htm or by clicking on this Link.
AUGUST 27 MONDAY
Read Stop and Frisk, Limited Searches, Seizures, and Detentions. Evolution of Stop and Frisk to the Drug Courier Profile. Click on this Link. Read in Gilberts: Stop and Frisk section. To isolate the exact holding of the case of Terry v. Ohio relating to stop and frisk searches, click on this Link. To read the Fourth Amendment of the Constitution of the United States, click on this Link. This amendment and the jurisprudence which interprets it regulates the manner in which the governments of the United States conduct searches and seizures. A significant portion of this course concerns the Fourth Amendment and related issues. For a current case which describes some limitations on frisks, check out this link for Florida v. J.L., decided 28 March 2000 by a unanimous Supreme Court of the United States.
AUGUST 29 WEDNESDAY
Additional reading for Stop and Frisk: Illinois v. Wardlow, edited case on this link.
Read: Arrest and Probable Cause Requirement, by clicking on this Link.; Read in Gilberts the section dealing with probable cause for arrest. Last day to change grading option and schedule is: 30 AUGUST 2001.
AUGUST 31 FRIDAY
Read: Miranda Warnings and Practice. Click on this Link to find the material on the beginning of the Mrianda principles. Read the Gilberts section on Miranda warnings.
SEPTEMBER 5 WEDNESDAY
Read: Manner of administering the warnings and effect of defective warnings; Constitutional rationale for Miranda. Click on this Link to go find the material for this assignment. Complete the Gilberts section on Miranda warnings.
SEPTEMBER 7 FRIDAY
Remedy for violation of Miranda and Public Safety Exception to Miranda. Follow this Link to the materials for this section. If you have not finished the Gilberts on Miranda Warnings, you should read that section at this time. Please read Dickerson v. United States, a new case which reconsidered Miranda warnings. It is available by clicking on this link.
SEPTEMBER 10 MONDAY
Searches Incident to Lawful Arrest; Basis for Search, Scope of Search, and Rationale. Follow this Link for the materials required for today's lesson. Also, Please read Gilberts on Search Incident to Arrest.
SEPTEMBER 12 WEDNESDAY
Protective Sweep of Premises under the Fourth Amendment- The Buie Doctrine. Click on this Link to obtain today's reading material covering protective sweeps. Continue reading the Gilberts on Search Incident to Arrest. LAST DAY TO WITHDRAW W\O ACADEMIC RECORD.
SEPTEMBER 14 FRIDAY
Searches and the General Requirement of Probable Cause, Developing Probable Cause for a Search, The Requirement of a Warrant, The Aguilar standard. Check out this Link to find the cases for this assignment.
SEPTEMBER 17 MONDAY
Searches of Abandoned Property under the Fourth Amendment and the concept of Limited Searches without Probable Cause. Click your browser on this Link to find the readings for this class. Read Gilberts on searches of abandoned property.
SEPTEMBER 19 WEDNESDAY
Searches of Motor Vehicles, The Absence of a Warrant Requirement, The Necessity of Probable Cause, Scope of the Search of Motor Vehicle under the Fourth Amendment. The cases and other readings for this assignment can be located by clicking on this Link. Also, Please read the Gilberts section on automobile searches.
SEPTEMBER 21 FRIDAY
Scope of Search of Container within Motor Vehicle, Limitation on Searches without Probable Cause. Click on this Link to go to the cases for this assignment. Also, finish reading Gilberts on automobile searches.
SEPTEMBER 24 MONDAY
Searches based on Consent of the Proper Person, Basis for Consent, Consent under the "Totality of the Circumstances Test," Effect of Fraud and Trickery on Valid Consent, and Problems with Apparent Authority to Validly Grant Consent. This Link will take you to the cases on consent searches and the related issues. Read Gilberts on consent searches. Click on this Link for a consent search case involving a search of a motor vehicle following a traffic stop. Ohio v. Robinette (1996).
Sept. 25TH is the last day to tell the University that you plan to or have strong hopes to graduate this December.
SEPTEMBER 26 WEDNESDAY
FIRST EXAMINATION * * PLEASE BRING A NEW BLUEBOOK TO THE EXAM. DO NOT
WRITE IN OR ON IT PRIOR TO EXCHANGING IT WITH THE INSTRUCTOR.
SEPTEMBER 28 FRIDAY
The Plain View Doctrine, Inadvertent Discovery not Required, The Plain Smell Doctrine. The readings for the Plain View Doctrine and related materials are available by pointing your browser to this Link. Read Gilberts on the Plain View doctrine.
OCTOBER 1 MONDAY
Searches under Exigent Circumstances, The Doctrine of Hot Pursuit and Reasonableness under the Fourth Amendment, Emergency not a Justification for Later Search. Introduction to Inventory Searches. Click on this Link to read the assignment for this class period. Read Gilberts on emergency searches or exigent circumstances.
OCTOBER 3 WEDNESDAY
Inventory Searches and Official Discretion, Written Policy Requirement, Inventory Searches Incident to Lawful Arrest, Administrative Searches- Warrant Requirement. The material to be read for this assignment can be reached by clicking on this Link. Also, read Gilberts on Emergency Searches [Exigent Circumstances] and Gilberts on Administrative Searches.
OCTOBER 5 FRIDAY
Administrative Searches continued, Constitutional Standards for Suppression of Illegally Seized Evidence, The Exclusionary Rule and Standards for its Application, Exceptions to the Exclusionary Rule. Follow this Link for the material on Administrative Searches. Also, Read Gilberts on the Exclusionary Rule and on Mapp v. Ohio.
OCTOBER 8 MONDAY
NO CLASSES TODAY UNLESS YOU WERE SO UNLUCKY TO HAVE SCHEDULED A ONCE A WEEK MONDAY CLASS, THEN YOU HAVE CLASS TODAY. COLUMBUS DAY IS ACTUALLY SOME OTHER DAY IN OCTOBER, BUT IT IS NOT CELEBRATED THAT DAY SO THAT GOVERNMENT WORKERS AND BANK EMPLOYEES GET AN EXTRA HOLIDAY ON MONDAY.
OCTOBER 10 WEDNESDAY
Read the material located on this Link. It concerns, among other things, the concept of The Good Faith Exception to the Exclusionary Rule and the Concept of Standing to Suppress Illegally Seized Evidence. Read Gilberts on standing to suppress evidence.
OCTOBER 12 FRIDAY
The Fruit of the Poisonous Tree Doctrine and its Effect on Suppression of Illegally Seized Evidence, Effect of Unused Illegally Seized Evidence on Probable Cause. Point your browser to this Link to find the cases for this section. Also, please take a look at the case of Wong Sun v. United States in the Gilberts supplement.
OCTOBER 15 MONDAY
Read, Rakas v. Illinois and the remainder of the material to Notes at the end of the case, Nix v. Williams. Standing to Suppress Evidence, Requirement of Personal Fourth Amendment Violation to acquire Standing, Guest Standing when Visiting Home of Another Person. Also, please look in the Gilberts supplement for the material surrounding the Rakas v. Illinois case and the concept of "standing." Use this Link to go to the materials for today's lesson.
OCTOBER 17 WEDNESDAY
The Rule of Inevitable Discovery as an Exception to Exclusion of Evidence, Introduction to the Fifth Amendment Privilege against Self-Incrimination. The cases and materials for today's lesson can be found by clicking on this Link. Read Gilberts on the Fifth Amendment Privilege against Self-Incrimination.
OCTOBER 19 FRIDAY
Admissibility of Gratuitous Confessions, Admission of Coerced Confession does not Automatically Require Reversal of Conviction, the Harmless Error Standard. Read Gilberts on Standards of Admissibility of Confessions, generally. Click on this Link for the materials for today's lesson.
OCTOBER 22 MONDAY
Forced Extraction of Body Fluids is not a violation of the Fifth Amendment, Grand Jury and Information Practice, Grand Jury Indictment as a federal Constitutional Right in federal criminal prosecutions. Please read Gilberts on the Grand Jury and on the subject of Informations. The material for this day's lesson is to be accessed by pointing your browser on this Link.
OCTOBER 24 WEDNESDAY
Absence of a federal Constitutional Right to Indictment in state Criminal Cases, Effect of Fifth Amendment on federal Grand Jury Practice. Continue to read Gilberts on the Grand Jury. The cases and materials for this lesson can be found at this Link.
OCTOBER 26 FRIDAY
Effect of Racial Discrimination in Grand Jury Selection, Identification Procedures, Lineups, Applicability of the Sixth Amendment Right to Counsel, Problems with Lineup Suggestiveness and its Effects on Due Process of the Fourteenth Amendment. Read Gilberts on Lineups and related materials. Point your browser to this Link to obtain the materials for this lesson.
OCTOBER 29 MONDAY
SECOND EXAMINATION * * BRING A NEW BLUE BOOK AND PLEASE DO NOT WRITE IN IT OR ON IT OR PLACE YOUR NAME ON IT.
OCTOBER 31 WEDNESDAY
Right to Counsel at post-indictment Lineup, Limitations on Right to Counsel at other Times, the Neil v. Biggers Five Factors test for Appropriate Identification. The cases for this section are located at this Link. Please read them and the material in the Gilberts on lineup identifications.
NOVEMBER 2 FRIDAY
Use of Photographs and Due Process of the Fourteenth Amendment, No Right to Counsel at Photographic Array, Introduction to the Eighth Amendment- the qualified Right to Bail. Read Gilberts on bail practice. The materials for today's lesson can be discovered by clicking your browser on this Link.
NOVEMBER 5 MONDAY
Follow this Link to Study the Comprehensive Crime Control Act of 1984 [Bail Reform Act of 1984] and read a representative State Bail Statute. Law cases help us learn how to make a Legal Determination of Excessive Bail and its Amount. Bail Reform issues are studied from an Equal Protection and Due Process position.
NOVEMBER 7 WEDNESDAY
Read, United States v. Salerno, Denial of Bail, Pretrial Detention Statutes and their Constitutionality, Legal Effect of Failure to hold Timely Bail Hearing. Use your favorite browser to pursue this Link to obtain today's class material. ALSO, LAST DAY TO WITHDRAW WITH THE RECORD OF "W" without a whole lot of trouble.
NOVEMBER 9 FRIDAY
Plea Bargaining and Guilty Plea Procedure, Waiver of Significant Constitutional Rights, the Alford Plea, and Understanding the Plea Bargain's Consequences. The material for this lesson can be found by pointing your favorite browser to this Link. Consult and READ your Gilberts on the section on Plea Bargaining to get an overview of this area of Criminal Procedure.
NOVEMBER 12 MONDAY
Defendant's Remedy for Breached Plea Bargain, Executory Plea Bargain may be Revoked, Legality of Prosecution Threats to induce Plea Bargain. Click on this Link to find the materials and cases for this lesson on avoiding a criminal trial by those who admit personal guilt for criminal activity.
NOVEMBER 14 WEDNESDAY
The Fifth Amendment and the Prohibition against Double Jeopardy, Same offense Requirement, Collateral Estoppel, and Problems with Dual Sovereignty. By clicking on this Link with your browser, you will discover the materials for this lesson. Read Gilberts on Double Jeopardy. If you do not have a Gilberts, please beg, borrow, but do not steal one from a friend .
NOVEMBER 16 FRIDAY
Original Court Recognition of Collateral Estoppel as a Component of Double Jeopardy, Problems with Successive Prosecutions in separate States, and the concept that Separate Offenses defeat Double Jeopardy claim. Continue reading the Gilberts on Double Jeopardy and Collateral Estoppel. For today's assignment, click on this Link to discover the readings which await you.
NOVEMBER 19 MONDAY
The Sixth Amendment Right to a Speedy Trial: Constitutional and Statutory Provisions, When the Right is Implicated, the Four Factors Test to Determine Federal Constitutional Violation of Sixth Amendment. To find the readings for today's assignment, please click on this Link. Read Gilberts on Speedy Trial. Thanksgiving Recess Starts after classes today.
NOVEMBER 26 MONDAY
Effect of Prosecutorial Negligence in Initiating Prosecution following Indictment, Defendant's Remedy for Violation of Right to Speedy Trial: Dismissal with Prejudice. The material for this lesson can be found by pointing your favorite browser to this Link.
NOVEMBER 28 WEDNESDAY
Sixth Amendment Right to a Jury Trial, Existence of Right is Limited, Right to Counsel at Jury Trial, Jury Size, and Jury Selection Practice. Read Gilberts on Right to a Trial by Jury. The materials and cases for this lesson can be found by clicking on this Link.
NOVEMBER 30 FRIDAY
Twelve Person Jury not mandatory in all State Prosecutions, Use of Racial Animus Prohibited by Prosecution in Use of Peremptory Challenges to Prospective Juror. Continue Gilberts on Trial by Jury. The readings for today's assignment are available for your use by clicking on this Link.
DECEMBER 3 MONDAY
Use of Racial Animus Prohibited by Defense in Use of Peremptory Challenges to Prospective Juror, Gender Animus in Jury Selection- The Future, The Sixth Amendment Right to Counsel at a Jury Trial. Point your browser to this Link to read and prepare the cases for this class.
DECEMBER 5 WEDNESDAY
Sixth Amendment Right to Counsel Limited in Jury Trial, Indigent's Right to Appointed Counsel in Criminal Trials, Appellate Right to Counsel has Limitations. In order to read the interesting material for today's lesson, click your favorite browser to this Link.
DECEMBER 7 FRIDAY: Wrap up of prior class on the right to counsel and Overview of Exam material. LAST DAY OF THIS COURSE EXCEPT FOR THE FINAL EXAM.
DECEMBER 12, 2001 Wednesday! This is the FINAL EXAM DATE AND TIME: 10:00 A.M.- 11:50 A.M.
FINAL EXAMINATION * * BRING A BLUE BOOK
The final Exam will be given in Miriam Rosenthal Hall-Room 215, @ 10:00 -11:50 P.M.
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Graduating seniors must make early exam arrangements with the instructor in order to have the senior grades forwarded to the people in Saint Mary's Hall. SENIOR GRADES ARE DUE TO REGISTRAR BY NOON ON 12 DECEMBER TWENTY HUNDRED-ONE. At this moment, it is planned that the senior exam will be given on 8 December at 8:00 A.M. in Saint Joseph Hall in Room 434. BRING A BLUE BOOK
note: Anyone who qualifies for a makeup examination will take the exam at 8:00 A.M. on the 8th of DECEMBER [Saturday], 2001 In Saint Joseph Hall, Room 434. It is the seminar room, take a left from the elevator and turn left at the first hallway. It is the first door on your right.
Click on this link to obtain the University Exam Schedule for all courses for Fall 2001.