Last Revised: 29 March 2010 @ 6:30 P.M.

The address of this document is: http://homepages.udayton.edu/~ingramjl/syevs10.htm

CRIMINAL JUSTICE STUDIES PROGRAM
of the Department of Sociology, Anthropology, and Social Work
THE UNIVERSITY OF DAYTON
DAYTON, OHIO USA! 45469-1447

CJS-399-01 SPECIAL TOPICS: CRIMINAL EVIDENCE for Spring 2010, Spring Term

11:00 A.M. M-W-F in the Basement of Zeiler Hall [ZH-101].

J. Ingram
Associate Professor, Department of Political Science
Office: St. Joseph Hall, #206
Phone: 9- 3028 or 229-3028 if you are not on the campus or are using your cell phone.

You may e-mail the instructor by using the e-mail address in this sentence [jefferson.ingram@notes.udayton.edu] or by clicking on this link if your browser is configured appropriately: jefferson.ingram@notes.udayton.edu

The web address of this document is http://homepages.udayton.edu/~ingramjl/syevs10.htm

REQUIRED: Criminal Evidence, 10th Edition by Jefferson Ingram from Lexis-Nexis, Anderson Publishing, copyright 2010. It is available from the University Book Store or by clickingon this order link. and following the LexisNexis web site prompts.

Additional Resources: If you find a need to read the complete case related to a particular chapter 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. Another alternative to consider if you wish to view a whole case is www.findlaw.comwhere 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 http://www.findlaw.com/casecode/ 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? THE TEXT-CASE BOOK HAS A GLOSSARY starting on page 861 or Try clicking on one of these two sites for a legal dictionary. Dictionary One, Dictionary Two.

CLASS PROCEDURE: Modified lectlure with Socratic approach involving some cases. Students must read the text and the cases and prepare a brief of the assigned cases prior to attending class. Any additional material will appear in the web syllabus as links to the location of the new material. The new material can be accessed by clicking on the relevant new links where they appear. It is the duty of each person to check the web site for new material as we go through the course. Current events in newspapers and weekly news magazines will be utilized in demonstration of criminal evidence, where appropriate.

COURSE 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 usually will consist of an essay section and an objective section. While the instructor hopes that an essay section will appear on each exam, there is the possibility that an essay will not be offered on every examination.There is the possibility that the final exam will not contain an essay, but the plan presently is to include essay evaluations on the final exam. Individual attendance and individual class participation and preparedness will constitute positive factors on the final evaluation in situations concerning close cases between one gradeand 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 2007, at 8:00 A.M., in Saint Joseph Hall, Room 434. It is the Political Science seminar room; take a left from the elevator on the fourth floor and turn left at the first hallway. It is the first door on your right. You will need to bring a new examination blue book with you. Click here for the University Final Examination Schedule for Spring 2010.

Point your browser HERE to check your attendance.


Spring Term 2010 CLASS MEETS: M-W-F 11:00 -11:50 A.M. in the Basement of Zeihler Hall [ZH-101].

Mon. January 4 Introduction, Administrative details, and initial class.

Wed. January 6 Read and Prepare, Chapter 1, History and Development of Rules of Evidence, Pages7-20 in the book. Read and Prepare the case, Funk v. United States in Part II of the book, Page 691.

Fri. January 8 Read and Prepare, Chapter 2, Approach to the Study of Criminal Evidence Pages 23-39 in the book. Read and Prepare the case, State v. Anthony in Part II of the book, Page 705.Read and Prepare the case, State v. Craft in Part II of the book, Page 699. Read and Prepare the case, Trammel v. United States in Part II of the book, Page 701.

Mon. January 11 Read and Prepare, Chapter 3, Burden of Proof, Pages 45-64 down to Section 3.10 -Alibi. Read and Prepare the case, In Re Winship in Part II of the book, Page 709.

Wed. January 13. Read and Prepare, Chapter 3, Burden of Proof, Pages 64-74 down to the end of the chapter. Read and Prepare the case, Victor v. Nebraska in Part II of the book, Page 712.

Fri. January 15. Read and Prepare the case, State v. Eichelberger in Part II of the book, Page 713. Read and Prepare the case, Martin v. Ohio in Part II of the book, Page 715.

Mon. January 18. Martin Luther King, Jr. Day—no classes. This date is a State of Ohio holiday and a United States federal holiday in memorial to Dr. Martin Luther King, Jr.

Wed. January 20. Read and Prepare, Chapter 4, Proof via Evidence, Pages 77-90, down to Section 4.9.

Fri. January 22. Read and Prepare, Chapter 4, Proof via Evidence, Starting with Section 4.9, Prosecuting Attorney's Responsibilities. Pages 91-104. Read and prepare the case, Maddox v. Montgomery in Part II of the book, Page 719. Read and prepare the case, Brown v. State, in Part II of the book, Page 720.

Mon. January 25. Read and Prepare, Chapter 5, Judicial Notice, Page 107, Starting with Section 5.14 to Page 127. Last day to drop classes without record.

Wed. January 27. Read and Prepare, Chapter 5, Judicial Notice, Page 127, Starting with Section 5.14 to Page 134. Read and prepare the case, Robinson v. State in Part II of the book, Page 733. Read and prepare the case, State v. Smith in Part II of the book, Page 744.

Fri. January 29. Read and Prepare, Chapter 6, Presumptions, Inferences, and Stipulations, Page 137, Starting with Section 6.1 to Page 144, down to Section 6.3. Read and prepare the case, State v. Jackson, in Part II of the book, Page 739.

Mon. February 1.Read and Prepare, Chapter 6, Presumptions, Inferences, and Stipulations, Page 144, Starting with Section 6.3, Reasons for Presumptions and Inferences, down to Section 6.11, Page 160. Read and prepare the case, State v. Purcell in Part II of the book, Page 743.

Wed. February 3.Read and Prepare, Chapter 6, Presumptions, Inferences, and Stipulations, Page 160, Starting with Section 6.11, Possession of Fruits of Crime, down to Section 6.17, Through Page 174. Read and prepare the case, Boozeman v. State, in Part II of the book, Page 747.

Fri. February 5. Read and Prepare, Chapter 6, Presumptions, Inferences, and Stipulations, Page 175, Starting with Section 6.17, Constitutionality Tests for Presumptions and Inferences, down to the end of Chapter 6 on Page 186. Start Chapter 7, Relevancy and Materiality, Page 191, Starting with Section 7.1, down to Section 7.4 on Page 199.

Mon. February 8. Read and Prepare, Chapter 7, Relevancy and Materiality, Starting with Section 7.4 on Page 199, down to Section 7.10, Defenses on Page 217. Read and prepare the case, Commonwealth v. Prashaw, in Part II of the book, Page 749.

Wed. February 10. Read and Prepare, Chapter 7, Relevancy and Materiality, Starting with Section 7.10 Defenses on Page 217, down through Section 7.14, Summary on Page 232. Read and prepare the case, Jackson v. United States, in Part II of the book, Page 752.

Fri. February 12. Read and Prepare, Chapter 8, Competency of Evidence and Witnesses, Starting with Section 8.1 Defenses on Page 235, down to Section 8.8, Negative Evidence as Competent Evidence, Page 245.

Mon. February 15. First Examination. Please bring a new exam Blue Book to exchange with the instructor. Also, bring a #2 pencil and some sort of ink pen. The pencil is for placing responses on a scan sheet and the ink pen is for answering the essay in the Blue Book. Please do not write anything on or in the Blue Book prior to exchanging it with the instructor. Thank you.

Wed. February 17. There is a chance that the class will not meet this date. The instructor and some students may be meeting with Justice Thomas at the Supreme Court in Washington this date; it has yet to be confirmed._Read and Prepare, Chapter 8, Competency of Evidence and Witnesses, Starting with Section 8.8 Negative Evidence as Competent Evidence on Page 245 down to the middle of Page 262, Conviction of Crime. Read and prepare the case, United States v. Phibbs, in Part II of the book, Page 757. Read and prepare the case, State v. Wells, in Part II of the book, Page 759.

Fri. February 19. No class this date; Instructor and some students will be attending the CPAC meeting in the District of Columbia.

Mon. February 22. Read and Prepare, Chapter 8, Competency of Evidence and Witnesses, Starting with Section 8.14, Conviction of Crime, Page 262 through to the end of Chapter 8 on Page 272.

Wed. February 24. Read and Prepare, Chapter 9, Examination of Witnesses, starting on Page 277, Section 9.1, Introduction down to Section 9.8, Refreshilng Memory-Present Memory Revived on Page 293. Read and prepare the case, United States v. Drummond, in Part II of the book, Page 763.Also, Read and prepare the case, People v. Melendez, in Part II of the book, Page 765.

Fri. February 26. No class this date; the instructor will be presenting a paper at the Academy of Criminal Justice Sciences in San Diego, California.

Mid-term mini break from last class 26 February to 8 March 2010 when classes resume.

Mon. March 8. Read and Prepare, Chapter 9, Examination of Witnesses, starting on Page 293, Section 9.8 down through Section 9.11 to the bottom of Page 306.

Wed. March 10. Read and Prepare, Chapter 9, Examination of Witnesses, Section 9.12, Impeachment of Witnesses, Page 306 to Page 316, Down to Section 9.16, Conviction of Crime. Freshmen midterm progress grades due to Registrar by 4:00 p.m.

Fri. March 12. Read and Prepare, Chapter 9, Examination of Witnesses, Section 9.16, Page 316 through Section 9.21 to the end of Chapter 9, Page 330. Read and prepare the case, State v. Sands, in Part II of the book, Page 768.

Mon. March 15. Read and Prepare, Chapter 10, Privileges, Page 333, Section 10.1 Introduction to Subsection C, Exceptions, Page 345. Read and prepare the case, St. Clair v. Commonwealth, in Part II of the book, Page 773. Read Shepard v. State of Indiana at this link dealing with confidential marital privileges.

Wed. March 17. Read and Prepare, Chapter 10, Privileges, Page 345, Subsection C, to Page 351, down to Section 10.4, Communications between Attorney and Client. Read State of Ohio v. Anthill at this link dealing with the marital confidential communication privilege and the doctor-patient privilege.

Fri. March 19. Read and Prepare, Chapter 10, Privileges, starting at Page 351 at Section 10.4, Communication between Attorney and Client, to Page 368 to Section 10.6, Communication to Clergy. Read, United States v. United Shoe Machinery Corporation at this link for a description of the standards for the attorney-client privilege. Click on this link for an additional case on the attorney-client privilege, United States v. Jeffers.

Mon. March 22. Second Examination. Bring a new Bluebook and do not write in or on it prior to exchanging it with the instructor. Also, bring a #2 pencil, properly sharpened with a servicable eraser. There will be an essay section and an objective section. The essay section will require that you be able to apply your new knowledge to novel situations and to justify your answers on paper. The Exam will only cover material that we have covered so far in the class and will not examine material not yet covered.

Wed. March 24. Read and Prepare, Chapter10, Page 368, Section 10.6, Communication to Clergy through Section10.9, News Media-Informant Privilege through the summary on Page 380. Click on this link for an edited case on the Clergy-Penitent Privilege

Fri. March 26. Read and Prepare, Chapter 10, Privileges, Section 10.9, New Media-Informant Privilege, Page 380 throught Section 10.10, Summary, Page 388. Read and Prepare, Chapter11, Opinions and Expert Testimony, Page 391, Section 11.1, Introduction up to Section 11.5, Opinions of Experts, Page 411. Read and prepare the case, Bowling v. State, in Part II of the book, Page 783. Also, Read and prepare the case, Osbourn v. State, in Part II of the book, Page 785.

Mon. March 29. Read and Prepare, Chapter11, Opinions and Expert Testimony, Start on Page 411, Section 11.5, Opinions of Experts, to Section 11.10, Subjects of Expert Testimony, on Page 425. Last day to drop classes with record of W.

Wed. March 31. Read and Prepare, Chapter11, Opinions and Expert Testimony, Read Section Subjects of Expert Testimony, , Section 10.10, starting on Page 425 up through Section 11.12, Summary on Page 445. Easter Recess begins after last class

Fri. April 2. No Classes. Easter Mini-Break.

Mon. April 5. Easter Monday—No day classes—Classes resume at 4:30 p.m.

Wed. April 7. Read and Prepare, Chapter12, Hearsay Rule and Exceptions, Starting on Page 449 down to Section 12.7, Family History and Records (Pedigree) on page 473. Read and prepare the case, Bell v. State, in Part II of the book, Page 793.

Fri. April 9. Read and Prepare, Chapter12, Hearsay Rule and Exceptions, Starting on Page 473, Section 12.7, Family History and Records (Pedigree) to Section 12.11, Other Exceptions, Residual Exceptions, Page 490. Read and prepare the case, Gonzalez v. State, in Part II of the book, Page 794. Also, Read and prepare the case, Sadlier v. State, in Part II of the book, Page 801.

Mon. April 12. Read and Prepare, Chapter13, Documentary Evidence, starting on Page 503, Section, 13.1 down to Section 13.6, Best Evidence Rule, Page 522. Read and Prepare the case, Wilkerson v. State, in Part II of the book, Page 805.

Wed. April 14. Bro. Joseph W. Stander Symposium - Alternate Day of Learning. No traditional classes will be held.

Fri. April 16. Read and Prepare, Chapter13, Documentary Evidence, Section 13.6, starting on Page 522 down through Section13.10, Summary, Page 535. Read and prepare the case, State v. Huehn, in Part II of the book, Page 807. Also, Read and prepare the case, McKeehan v. State, in Part II of the book, Page 810.

Mon. April19.Read and Prepare, Chapter14, Real Evidence, Section 14.1, starting on Page 539 down to Section 14.4, Articles Connected with the Crime, Page 549. Read and prepare the case, State v. Cowans, in Part II of the book, Page 816.

Wed. April 21. Read and Prepare, Chapter14, Real Evidence, Section 14.4, Articles Connected with the Crime, Page 549 down to Section 14.6, Photographs, Page 562.

Fri. April 23. Last day of classes. Read and Prepare, Chapter14, Real Evidence, Section 14.6, Photographs, Page 562, to Section 14.7, Motion Pictures and Videotapes, Page 571. Read and prepare the case, McHenry v. State, in Part II of the book, Page 826.

Fri. April 30. Third Examination. 10:10 A.M.-12:00 noon.

Tue, May 4. Grades due by 9:00 a.m.


Click here for the University Examination Schedule for Spring 2010.