Criminal Procedure
ADJU 201 | 3 units credit grade only
Scott Moller | scottamoller.com
Welcome to our course!
Thank you for your interest in this course and for reading this syllabus! I respect your time, and I will work to make the most of it in this course. I worked as a prosecutor for about 15 years, handling criminal cases from investigation and charging, through trial, sentencing and appeal, and I teach via that lens of experience, drawing upon real-world examples and cases to bring abstract legal concepts into focus.Â
I am glad you are here, and I am excited to work with you!
Scott Moller
Course Structure
This course is organized into weekly modules, open Monday to Saturday.
To earn points, each student must complete each weekly task (e.g., read chapters, view chapter slideshows, take online quizzes, and post in online discussions) before its module closes.
In addition to weekly tasks, our course includes exams and writing projects, with individual due dates, which are listed on our course home page.
Course Rules
What you can expect from me:
I will treat you with dignity and respect.
I will provide a clear, organized course, to promote meaningful learning.
I will provide a supportive environment for you to share and discuss ideas with your peers.
I will be present and available throughout the course, helping you every step of the way.
I will keep this syllabus up to date, reflecting any changes in our course.
What I will expect from you:
Treat your classmates and your instructors with dignity and respect.
Actively engage in this course, maintaining your access to course materials, checking course announcements each Monday throughout the course, and completing all tasks (e.g., discussions, quizzes, projects) by their due dates.
Use relevant college resources to support your success, directing technical issues to SDCCD Online Technical Support (call 844-612-7421), requests for accommodations to DSPS (see Accommodations, below), and questions about course content to me.
Each course rule applies equally to each student. To be fair to all, I cannot modify or waive rules for some, thus no student shall be granted any special treatment, e.g., altered exam dates/times, extensions, retakes, reopened exams or discussions, make-up work, extra credit, or any other modification or waiver of any rule, policy or deadline. Any student who misses points in this course due to an emergency (e.g., illness, injury, family or work obligations), may make one request during the course for up to 10 emergency points. Every student may earn extra credit points via our Notes project.
What you will learn in this course
This course introduces students to the origin, development, philosophy, and legal basis of criminal procedures in California. Students examine procedural statute law, state and Constitutional case law, the California court system, the California grand jury system, pretrial court procedures, adult trial procedures, juvenile court procedures, sentencing, and the appellate process. Topics include laws governing arrest, use of force, motions, rules of discovery, and applicable rules of evidence. This course is intended for students majoring in Administration of Justice or anyone interested in the criminal court process.
Student Learning Outcomes
Upon successful completion of the course, students will be able to:
Examine the functions of the U.S. criminal justice system from detention through release back into society
Explain the application of constitutional principles to criminal procedure
Identify and analyze concepts of due process as related to criminal litigation
Course Objectives
Describe the history and application of various criminal procedure concepts, including the Exclusionary, Corpus Delicti, and Ex Post Facto rules
Identify and critically analyze concepts of due process as found in the 6th, 8th, and 14th Amendments, including right to counsel, bail, jury trial, and due process
Describe the application of defendant's rights, including the right to counsel and the right to a jury trial
Describe and apply laws of arrest and use of force as defined in procedural statutes, case law, constitutional law, and other applicable rules
Differentiate among California's three court levels including general and original jurisdiction areas and selection or election processes for judges and justices
Contrast the various charging documents applicable to each court level in the California court system
Identify, describe, and order the stages in the jury trial process
Explain the court arraignment process in both felony and misdemeanor cases
Describe the preliminary hearing process and standard of proof required to successfully bindover a defendant for trial
Differentiate between cases investigated by the grand jury for indictment and cases issued through the normal complaint process
Identify the various motions that can be made by the prosecution and the defense during the course of judicial proceedings from point of arrest to final adjudication
Analyze the purpose and function of the plea bargaining process and other alternatives to trial
Describe the California Juvenile Court System, applicable procedural statutes in the welfare and institutions code, and applicable juvenile case law
Grades
Your course grade is based on points and follows the SDCCD standard grading scheme of A (90-100), B (80-89), C (70-79), D (60-69), F (0-59), with no +/- grades. You may track your progress online. Maximum points available in this course are:
Discussions: 10 points each - original posts due each Fri, replies due each Sat (online course only)
Quizzes: 10 points each (10 questions in 20 minutes)
Case Brief: 100 points
Mock Trial Notebook: 50 points/Mock Trial Performance: 50 points (on-campus course only)
Cumulative Exam(s): 50 points each (50 questions in 90 minutes)
Professionalism: 10 points
Notes: 20 points extra credit (Cornell notes, all chapters, and case/rule list)
Quizzes are graded immediately. Discussions are graded weekly. Writing projects are graded 1-2 weeks after they are due or submitted. Final course grades are submitted the week after the course ends.
Course Materials
Textbooks
Standard course: Criminal Procedure, by Matthew Lippman, 4th Edition or newer, Sage Publishing, ISBN: 9781544334752, varies by edition
Accelerated course: Criminal Procedure, 7th Edition (2015), Cengage, by John M. Scheb II, ISBN-13: 9781285459042
Software
Adobe Acrobat Reader or other PDF viewer
Word processor app that can save .doc or .docx files
Professionalism
Treat everyone with respect, and stay active, fully engaged, and up to date in the course. Check online course Announcements each Monday morning, complete all participation events by their due dates, and remain active in the course throughout each week. Students who violate the Student Code of Conduct may be removed for 5 instructional days, and any missed assignment(s) or examination(s) that occurred during the removal period cannot be made up. Incidents involving removal of a student from class will be reported to campus administration. The Student Code of Conduct can be found in Board of Trustees Policy, BP 3100, Student Rights, Responsibilities, Campus Safety and Administrative Due Process.
Withdrawal
Students who miss the first participation event (e.g., class session, discussion, quiz, exam) or fail to complete three or more participation events before the withdrawal deadline will be dropped from the course. Students who remain in the course will receive an evaluative grade (A-F). If you decide to drop the course, it is your responsibility to officially drop the course.
Academic Honesty
Students are expected to be honest and ethical at all times. Students who attempt to participate in cheating, plagiarism, or other academic misconduct will receive a grade of zero on each item involved, a deduction of at least 10 points from their overall score and referral to administration for possible disciplinary action. See Administrative Procedure 3100.2, 3100.3, Student Disciplinary Procedures. Cheating is the act of obtaining or attempting to obtain credit for work via dishonest, deceptive, or fraudulent means. This includes submitting for credit work that anyone, including you, have previously submitted for credit in any course. Plagiarism is the act of incorporating ideas, words, or specific substance of another, and submitting it as your own work, without properly quoting and citing the source, per APA citation rules.
Accommodations
Every effort has been made to make this course accessible to all students, including students with disabilities. Students who require academic accommodations should immediately contact Disability Support Programs and Services (DSPS) (Room K-204 on the Miramar campus, call 619-388-7312 or 858-536-7212; or email miradsps@sdccd.edu). Please ask DSPS to immediately forward your DSPS-authorized accommodations to your professors, so that they may be implemented. For absences due to pregnancy or related conditions, including recovery from childbirth, students who notify the instructor in a timely manner shall be afforded the opportunity to establish alternative arrangements.
Non-discrimination Policy
SDCCD Board of Trustees Policy BP 3410 prohibits discrimination in accordance with state and federal laws. The San Diego Community College District is committed to equal opportunity in educational programs, employment, and all access to institutional programs and activities, without regard to national origin, religion, age, gender, gender identity, gender expression, race or ethnicity, color, medical condition, genetic information, ancestry, sexual orientation, marital status, physical or mental disability, pregnancy, military or veteran status, or because he/she is perceived to have one or more of the foregoing characteristics, or based on association with a person or group with one or more of these actual or perceived characteristics. No qualified student with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of the district or be subjected to discrimination by it. Students wishing to file complaints based upon discrimination should contact the campus Site Compliance Officer (SCO), Lou Ascione, at lascione@sdccd.edu, (619) 388-7873, Rm. H-101A. Appeals may be made to the District EEO Compliance Manager at the District Administrative Office, 3375 Camino del Rio South, San Diego, CA 92108.
Campus Emergencies and Conflicts
In an emergency on campus, call 911 or 619-388-6405 (Campus Police Dispatch). Note evacuation routes, and if you need evacuation assistance, notify your instructor as soon as possible. If you have a conflict with any staff or student, first contact the instructor to resolve the conflict. If you still need help, please contact the department chair. If you still need help, please contact the dean.