CRJU 4510 SyllabusSpring 2015Department of Criminal Justice.docx

CRJU 4510 Syllabus
Spring 2015
Department of Criminal Justice
North Carolina Central University
2019 Spring Semester
Monday: 6:00-8:30
CRJU 4510: Criminal Law, Procedures, and Court Processes
INSTRUCTOR INFORMATION
Professor: Dr. M. Chris Herring
Phone: 919-695-3807
Email: [email protected]
OFFICE HOURS:
Monday After Class
Other times - by appointment.
COURSE DESCRIPTION
The course will provide the student with an understanding of
criminal law, procedure, and the court processes. The elements
of offenses as well as defenses, constitutional and others, and
processes from detention to arrest, pre-trial, trial and post-trial
will be analyzed.
At the end of this course, students will be able to:
Student Learning Outcome
Assessment

Analyze the impact of Constitutional, statutory, and case law on
practices in the criminal justice system
Tests and case briefings, scenario
Compare and contrast the rights of the accused and the rights of
victims in the criminal justice process
Journal article review and analysis
Identify internal and external factors involved in criminal
prosecutions and decision making
Reports based on video analysis
Understand the criminal process from detention through post-
trial procedures
Tests case briefings and research papers
COURSE MATERIALS
Required.
1. Textbook: Lippman, M. (2013). Criminal Procedure
(3rd Edition). Thousand Oaks CA: SAGE Publications, Inc.
Reading:
For each class, students are expected to do the assigned
reading/s. I will ask you questions about the reading in class
according to the call policy that is I will call on students using
a random call list—once you have been called on (if you are
prepared) you won’t be eligible to be called on again until I
have been through the entire list. If you are not prepared it will
be noted.
The reading for the class is short in terms of pages but
very dense—there are cases excerpted and summarized for each
chapter. The cases in the book describes as “major note cases,”

whose name is in ALLCAPS in the book, are important cases
which I will use as call cases in class. Each class individuals
will be called do to a case briefing. That means, you should
be prepared to discuss the major note case.
Supplementary Readings
Journal Article Readings (This reading list is subject to
change; articles may be added or deleted depending upon the
individual lesson modules)
a. Call, J. E. (2000). The United States Supreme Court and the
Fourth Amendment: Evolution from Warren to Post-Warren
Perspectives. Criminal Justice Review, 25(1), 93-117.
b. Ross, D.L. & Myers, J. J. (2009). Officer Safety Trumps
Passenger Privacy: Arizona v. Johnson (2009). Criminal Justice
Review, 34(3), 468-481.
c. Reitzel, J. & Piquero, A. R. (2006). Does It Exist? Studying
Citizens’ Attitudes of Racial Profiling. Police Quarterly, 9(2),
161-183.
d. Bloss, W. P. (1998). Warrantless Search in the Law
Enforcement Workplace: Court Interpretation of Employer
Practices and Employee Privacy Rights Under the Ortega
Doctrine. Police Quarterly, 1(2), 51-69.
e. Buerger, M. E. (2002). Supervisory Challenges Arising from
Racial Profiling Legislation. Police Quarterly, 5(3), 380-408.
f. Visher, C.A. (1992). Pretrial Drug Testing: Panacea or
Pandora's Box? The ANNALS of the American Academy of
Political and Social Science, 521(1), 112-131.
g. Garcia, A. (1987). Miranda Revisited: The Erosion of a Clear
Standard. Journal of Contemporary Criminal Justice
http://ccj.sagepub.com/cgi/reprint/3/3/19?ijkey=R/6EFjiLCl41Q
&keytype=ref&siteid=spccj
h. Turtle, J. & Want, S. C. (2008). Logic and Research Versus
Intuition and Past Practice as Guides to Gathering and
Evaluating Eyewitness Evidence. Criminal Justice and
Behavior, 35(10), 1241-1256.

i. Brewer, P. R. & Ley, B. L. (2010). Media Use and Public
Perceptions of DNA Evidence Science Communication, 32(1),
93-117.
j. Alexander Jr., R. (1990). The Mapp, Escobedo, and Miranda
Decisions: Do They Serve A Liberal Or A Conservative Agenda.
Criminal Justice Policy Review, 4(1), 39-52.
k. Sagarin, E. & Macnamara, D. E. J. (1970). The Problem of
Entrapment. Crime & Delinquency, 16(4), 363-378.
l. Vaughn, M. S. (1996). Police Civil Liability and the First
Amendment: Retaliation Against Citizens Who Criticize and
Challenge the Police. Crime Delinquency, 42(1), 50-75.
m. Sigler, R. T. & Formby, W. A. (1978). The Necessity of Bail
Reform. Criminal Justice Review, 3(1), 1-7.
n. Urbaniak, E. T. (1962). Rights of Prisoners in Confinement.
Crime Delinquency, 8(2), 121-126.
o. Rosenbach, E. (2008). The Incisive Fight: Recommendations
for Improving Counterterrorism Intelligence. The ANNALS of
the American Academy of Political and Social Science, 618(1),
133-147.
p. Sach, E. (2007). Illegal Stops and the Exclusionary Rule.
Roger Williams University Law Review, 22, 263, 268.
q. Demy, G (2017). Allowing “Lawless Police Conduct” in
Order to Forbid “Lawless Civilian Conduct”: The Court Further
Erodes The Exclusionary Rule in Utah v. Strieff. Hastings
Constitutional Law Quarterly, 44(4), 393-432.
r. Scharpf, F. (1966). Judicial Review and the Political
Question: A Functional Analysis. The Yale Law Journal. 75(4),
517-597. doi: 10.2307/794865.
s. Eule, J. (1990). Judicial Review of Direct Democracy. The
Yale Law Journal .99(7), 1503-1590. doi: 10.2307/796652.
t. Wechsler, H. (1954). The Political Safeguards of Federalism:
The Role of the States in the Composition and Selection of the
National Government. Columbia Law Review, 54(5), 543-560,
doi: 10.2307/1119547.
u. Dry, M. (1987). Federalism and the Constitution: The
Founders’ Design and Contemporary Constitutional Law.

Constitutional Commentary, 4, 233-250.
v. Meece, E. (1985-86). The Supreme Court of the United
States: Bulwark of a Limited Constitution. South Texas Law
Review, 27 S. Tex. Law R., 455-466.
w. Maggs, G. (2007). A Concise Guide to the Federalist Papers
as a Source of Original Meaning of the United States
Constitution, 87 B.U. L. Rev. 801.
x. Morrison, A. (1986). The Administrative Procedure Act: A
Living and Responsive Law. Virginia Law Review, 72(2), 253-
270. doi: 2307/1073058.
y. Daye, C. (1974-75). North Carolina’s New Administrative
Procedure Act: An Interpretive Analysis. North Carolina Law
Review. 833-924.
Assessment:
Students will be evaluated on each of the outline requirements
using the following techniques: Written test, video analysis,
case briefings, journal article review and research paper. Grades
will be determined according to the following breakdown and
scale. For all assignments, grades will be based on correct
answers as well as quality and presentation of the assignment.
For instance, grades for papers will reflect not only the
substance of the paper but also how well the paper was written.
Assignments that contain spelling mistakes, obvious
grammatical errors, and incomplete sentences will be penalized.
ITEMS
VALUE
4 Tests (100 points each)
400 points
Video Analysis (1-2 Pages)
100 points

Research Paper (written and orally presented) 5 Pages: Paper
100 and Presentation 100
200 points
Journal Article Review and Analysis (2 Pages)
100 points
2 Case Briefings (100 points each)
200 points
Total
1000 points
Grade Scale:
A = 900 - 1000 points
B = 800 – 899 points
C = 700 – 799 points
D = 600 – 699 points
F = 698 and lower
Deadlines and Policies for Late Work and Makeup Exams
Assignments must be submitted by the set deadlines except in
extenuating circumstances. Work obligations and assignments
in other courses are not extenuating circumstances. Late
assignments are not accepted. Student must inform and ask for
approval prior to deadlines for any considerations.
Incomplete Grades
Incompletes are rarely granted except for the most extreme
circumstances and are entirely at the discretion of the
instructor. An agreement to receive an Incomplete (I) grade
may only be negotiated if circumstances do not allow you to

finish the course on time and you have completed at least 80%
of the course work with at least a “C” grade. The Incomplete
Removal Policy of the university is available on the Registrar
web site:
http://www.nccu.edu/formsdocs/proxy.cfm?file_id=1561
Grading Grievance: Procedure for Challenging Course Grade
The Grading Grievance Policy of the university is available on
the Registrar web site:
POLICIES
Attendance:
Class attendance is expected of students at North Carolina
Central University and represents a foundational component of
the learning process in both traditional on-campus and online
courses. Students should attend all sessions of courses for
which they are registered for the entire scheduled period and are
responsible for completing all class assignments. Instructors
will keep attendance records in all classes. Grades should not
be impacted by attendance but only by one’s performance.
If a student misses three consecutive class meetings, or misses
more classes than the instructor deems advisable, in addition to
entering the information into Grades First, the instructor will
report the facts to the student’s academic dean for appropriate
follow-up. Students who miss class to participate in university-
authorized activities are given excused absences for the missed
class time. It is the student’s responsibility to inform the
instructor of such activities at least one week before the
authorized absence, and to make up all work as determined by
the instructor. In addition, the College of Behavioral and

Social Sciences will also refer students to the department chair
who miss a total of four classes whether consecutive or not for
the appropriate follow-up. Extenuating circumstances will be
handled on an individual basis by the Office of the Dean.
NOTE: As of Fall 2017, NW and NF attendance grades will no
longer be assigned.
Statement of Inclusion/Non-Discrimination
North Carolina Central University is committed to the
principles of affirmative action and non-discrimination. The
University welcomes diversity in its student body, its staff, its
faculty, and its administration. The University admits, hires,
evaluates, promotes, and rewards on the basis of the needs and
relevant performance criteria without regard to race, color,
national origin, ethnicity, sex, sexual orientation, gender
identity, gender expression, age, disability, genetic information,
veteran's status, or religion. It actively promotes diversity and
respectfulness of each individual.
Student Accessibility Services
Students with disabilities (physical, learning, psychological,
chronic or temporary medical conditions, etc.) who would like
to request reasonable accommodations and services under the
Americans with Disabilities
Act must register with the Office of Student Accessibility
Services (SAS) in Suite 120 in the Student Services Building.
Students who are new to SAS or who are requesting new
accommodations should contact SAS at (919) 530-6325 or
[email protected] to discuss the programs and services offered
by SAS. Students who are already registered with SAS and who
would like to maintain their accommodations must renew
previously granted accommodations by visiting the SAS website
at www.nccu.edu/SAS and logging into Eagle Accommodate.
Students are expected to renew previously granted

accommodations at the beginning of each semester, preferably
during the first two (2) weeks of class. Reasonable
accommodations can be requested at any time throughout the
semester; however, they will not be effective retroactively.
Students are strongly encouraged to contact their professors to
discuss the testing and academic accommodations that they
anticipate needing for each class. Students identifying as
pregnant or other pregnancy-related conditions who would like
to request reasonable accommodations and services under Title
IX must register with the Office of Student Accessibility
Services.
Confidentiality and Mandatory Reporting
All forms of discrimination based on sex, including sexual
misconduct, sexual assault, dating violence, domestic violence,
and stalking offenses, are prohibited under NCCU’s Sexual
Misconduct Policy (POL 01.04.4). NCCU faculty and
instructors are considered to be responsible employees and are
required to report information regarding sexual misconduct to
the University’s Title IX Coordinator.The Sexual Misconduct
Policy can be accessed through NCCU’s Policies, Rules and
Regulations website at
www.nccu.edu/policies/retrieve.cfm?id=450. Any individual
may report a violation of the Sexual Misconduct Policy
(including a third-party or anonymous report) by contacting the
Title IX Coordinator at (919) 530-7944 or [email protected], or
submitting the online form through
https://cm.maxient.com/reportingform.php?NCCentralUniv&lay
out_id=15.
Other Campus Programs, Services, Activities, and Resources
Other campus resources to support NCCU students include:
· Student Advocacy Coordinator. The Student Advocacy
Coordinator is available to assist students in navigating
unexpected life events (e.g. short-term illness/injury, loss of a
loved one, personal crises) and guide them to the appropriate

University or community resources. Students may also receive
assistance with resolving some emergency financial concerns;
understanding NCCU policies, rules and regulations; or general
problem-solving strategies. Contact Information: Student
Services Building, Suite 236, (919) 530-7492, [email protected].
· Counseling Center. The NCCU Counseling Center is staffed by
licensed psychologists and mental health professionals who
provide individual and group counseling, crisis intervention,
substance abuse prevention and intervention, anger
management, and other services. The Counseling Center also
provides confidential resources for students reporting a
violation of NCCU’s Sexual Misconduct Policy. Contact
Information: Student Health Building, 2nd Floor, (919) 530-
7646, [email protected].
· University Police Department. The University Police
Department ensures that students, faculty and staff have a safe
and secure environment in which they can live, learn, and work.
The Department provides a full range of police services,
including investigating all crimes committed in and around its
jurisdiction, making arrests, providing crime
prevention/community programs, enforcing parking regulations
and traffic laws, and maintaining crowd control for campus
special events. Contact Information: 2010 Fayetteville Street,
(919) 530-6106, [email protected].
Academic Honesty Policy
Be sure that you understand the university’s Academic Honesty
Policy In the event you experience difficulty during the
submission of any assignment or while taking any examination
or quiz, you should contact the Blackboard Office immediately
or the University IT Office in order to preserve the record of the
technical difficulty. If you do not contact either BB or the IT
office, then an independent judgment will be made by your
instructor. The link to the Academic Honesty Policy is as
follows:

NCCU Honor Code –
Recording (audio or video) lectures: Permission must be granted
by professors to have a lecture recorded or videoed.
Students Responsibilities
1. Students must sign up for Eagle Alert on the Emergency
Webpage.
1. Adverse Weather – Call NCCU’S Information Line (919-530-
7220).
Classroom Behavior
Students will be dropped from the course by the instructor for
the following reasons:
a. Cheating on exams
b. Plagiarism
c. Personal conversations after being warned twice
d. Texting in class after being warned twice
e. Viewing non class related material on computers and tablets
f. Not removing hats and durags being warned twice
Course Schedule and Topics
Each week we will endeavor to cover one-chapter’s worth of
material. This schedule is tentative,
should we fall behind, material and dates will be adjusted
accordingly. The final week is designated presentation of
research papers and revision.
Date
Topic
Textbook Material
Week 1:
January 7th
Introduction to class
Components of CJ System
Levels of Government

Branches of Government
Sources of Law
Review of Syllabus
Discuss APA
Internet Articles
During this week discussion will focus on these topics. Please
read and come to class prepared for the discussion.
Week 2:
January 14th
Introduction to Criminal Procedure
Video Analysis Due Sunday
Discuss Video and Journal Review Analysis
Chapter 1
Introduction to Criminal Procedure
Week 3:
January 21st
MLK Holiday No Class
Journal Article Review and Analysis Due Sunday
Week 4:
January 28th
The Sources of Criminal Procedure
· Fourteenth Amendment: Purpose and Protections.
Early Warning Grades Due in Banner Friday 2/1
Discuss Case Briefing One
Chapter 2
The Sources of Criminal Procedure

Rochinv California (1952)
Week 5: February 4th
The Exclusionary Rule and Entrapment
· Exceptions to the Exclusionary Rule
Chapter 10: The Exclusionary Rule and Entrapment Pg. 362-
368] • Mapp v. Ohio (1961)
Herring v. United States (2009) Pg. 377-380
Wong Sun v. United States (1963)* Pg. 373-374.
Week 6: February 11th
What is a Search?
Reasonable Expectation of Privacy
Exam 1 Chapters 1, 2, & 10
Discuss Research Paper
Midterm Grades Due Friday 4:00
Chapter 3: Searches and Seizures
· Katz v. United States (1967)
· Kyllo v. United States (2001)
· Florida v. Jardines (2013)*
· California v. Greenwood (1988)
· California v. Hodari (1991)
· United States v. Drayton (2002)*

Week 7:
February 18th
Probable Cause:
Requirement for Searches and Arrests
· Establishing Probable Cause
· Arrest Warrants
· Warrantless Arrests
· Detention of Noncitizens and Material Witness Warrants
Case Briefing One Due Sunday
Chapter 5: Probable Cause and Arrests
· Florida v. Harris (2013)*
· Payton v. New York (1980)
Week 8:
February 25th
Searches and Seizures of Property
Search Warrants
Searches Incident to Arrest
Automobile Context
Cellular Phone Searches Incident to Arrest
Consent Searches
Automobile Searches
Other Warrantless Searches
Discuss Case Briefing 2
Chapter 6: Searches and Seizures of Property
· Maryland v. Garrison (1987)*
· Chimel v. California (1969)
· Arizona v. Gant (2009)

· Smallwood v. Florida (2013)*
· Florida v. Jimeno (1991)*
· Georgia v. Randolph (2006)
The Reasonable Suspicion Standard
Establishing Reasonable Suspicion
Drug Courier Profiles
Race and Reasonable Suspicion
Extending Stop-and-Frisk
Exam 2 (chapters 3, 5, 6)
Chapter 4: Stop and Frisk
· Terry v. Ohio (1968)
· Illinois v. Wardlow (2000
· United States v. Weaver (1992)
· Floyd v. City of New York (2013)*
Week 9:
March 4th
Inspections and Regulatory Searches
Special Needs and Regulatory Searches
Case Briefing 2 Due (Moved to 4/14)
Chapter 7: Inspections and Regulatory Searches

· Illinois v. Lidster (2004)*
· Safford United School District v. Redding (2009)
Week 10
March 11th
Spring Break
Week 11:
March 18th
Interrogations and Confessions
Due Process Approach
Interrogations and Confessions
Video: https://www.oyez.org/cases/1965/759
Must be viewed before class and notes taken.
Sixth Amendment Approach
Chapter 4
Chapter 8: Interrogations and Confessions
· Colorado v. Connelly (1986)
· Berghuis v. Thompkins (2010)*
· Salinas v. Texas (2013)
Week 12:
March 25th
Eyewitness and Scientific Identifications
Assign Case Brief 2
Exam 3 (chapters 4, 7, 8) Moved to 4/1
Chapters 7/8
Assign Case Brief 2
Chapter 9: Eyewitness and Scientific Identification

· Maryland v. King (2013)*
Week 13:
April 1st
Prosecutor and the Charging Decision
Exam 3 (Chapters 4, 7, 8)
Chapter 9
Chapter 12: The Initiation of the Legal Process, Bail, and the
Right to Counsel.
· United States v. Armstrong (1996)
Week 14:
April 8th
Pretrial Detention
Sixth Amendment Right to Counsel
Case Brief 2 Due 4/14 Sunday (New Date)
Research Paper Due (Moved To 4/21)
Right to Counsel
· Gideon v. Wainwright (1963)
Week 15:
April 15th
The Initiation of the Legal Process, Bail, and the Right to
Counsel
Research Paper Due 4/21 (New Date)
Paper Presentations
Right to Counsel

Week 16:
April 22nd
Preliminary Hearing vs. Grand Jury Proceedings
Arraignment
Right to a Trial by Jury
Presentation of Case
Bargaining and Guilty Pleas
Paper Presentations
Chapter 13: The Pretrial and Trial Process
· Missouri v. Frye (2012)*
Week 17:
April 29th
April 30th
May 1-2
May 1-2
May 3rd
May 1-7
May 7th
Sentencing and Appeals
Punishment of Juveniles
Last Day of Classes
Paper Presentations
Reading Day
Final Examinations for graduating students
Exam 4 (chapters 9, 12, 13) -Final Exam

Final Grades for graduating students-Banner
Final Examinations for non-graduating students
All Grades in Banner
Chapter 14: Sentencing and Appeals
· Miller v. Alabama (2012)
Video Analysis
You will view a video, tv show, or movie that relates to
criminal law and procedure. Examples are Law and Order, One
Adam 12, Dragnet, NYPD Blue, etc.
Provide a brief overview
What components of the criminal justice system involved?
What are the levels of government involved?
What are the branches of government involved?
Who are the key players involved?
What laws were involved?
What did you find most interesting as it relates to criminal law,
procedures and the court process?
Grading Matrix
20% Follows APA Guidelines (Cover page, reference page,
in paragraph citations, etc. No abstract needed)
60% Addresses All Aspects of Assignment (full sentence
and paragraph format)
20% Grammar and Spelling
Case Brief
These case briefs will be written using the IRAC Method.
How to Brief a Case Using the “IRAC” Method

When briefing a case, your goal is to reduce the
information from the case into a format that will provide you
with a helpful reference in class and for review. Most
importantly, by briefing a case, you will grasp the problem the
Court faced (the issue); the relevant law the court used to solve
it (the rule); how the court applied the rule to the fact (the
analysis); and the outcome.
Facts
Write a brief summary of the facts as the court found them
to be. Eliminate facts that are not relevant to the court’s
analysis. For example, a business’s address is probably not
relevant to the court’s decision on product liability, but might
be relevant regarding a personal injury matter. So you will
have to make a judgment on what is and what is not relevant
insofar as facts are concerned.
Procedural History
What court authored the opinion? The United States
Supreme Court? The California Court of Appeals? The Second
Circuit Court of Appeals? Follow the case through the different
courts. If the court of original jurisdiction, in federal cases,
most likely the U. S. District Court, made a decision what was it
and what was the outcome? If that same case was heard and
decided upon by a Court of Appeals, such as the 4th Circuit
Court of Appeals in Richmond, make comment as to the
outcome of the case. If the circuit then heard the case en blac,
make the appropriate comments. Say after all of this, the case
was granted a writ of “cert” by the Supreme Court of the United
States, what was the ruling. When making comment concerning
the procedural history make sure someone can follow the case
from start to finish.
Issue
What is the question being presented to the court?

Generally, in appellate cases in particular, only one issue is
addressed, but sometimes there may be more. What are the
parties “fighting” about? Remember under English Common
Law, our system is an adversarial system.
Rule(s)
Determine what the relevant rules of law are that the court
uses to make its decision. These rules are generally identified
and discussed at length. What are the relevant law for the topic
being discussed? Has there been stare decisis or precedent
established? There may be more than one rule based on the
nature of the case.
Application/Analysis
This is the most important section of the brief. The court
will have examined the facts in light of the rule and probably
considered all “sides” and arguments presented to it. How
courts apply the rule(s) to the facts and analyze the case must
be understood in order to properly predict outcomes of future
cases involving the same issue. What does the court consider to
be a relevant fact given the rule of law? How does the court
interpret the rule? Resist the temptation to simply restate what
the court said in their interpretation. Summarize the application
of the law and analysis thereof in your own words.
Conclusion
What was the final outcome of the case? In one or two
sentences, state the court’s finding.
Opinion
In addition to the information in the model provided, students
are to provide a substantive, personal reflection on the court
opinion. (For instance, did you agree, disagree? Why was the
decision correct or incorrect in your opinion?)
You may find this You Tube video to be of some help:

https://www.youtube.com/watch?v=fZK38vru_GM
https://www.youtube.com/watch?v=TuX_xQRdhGk
Again, all case briefs will use the IRAC method of briefing a
case.
Journal Article Review and Analysis
You are to choose an academically peer reviewed article
on a topic involving criminal procedure. The article is of your
choosing as long as it discusses criminal procedure. A journal
review has a specific format to follow: {Paper must be done
under the following subheadings}
I. Introduction and purpose of the article.
II. Study methodology or theoretical framework of the article.
III. Analysis/discussion and findings
IV. Your assessment of any impact on criminal justice
professionals
V. Your thoughts as to whether this is a positive or negative
change and why
VI. Your recommendations
VII. Article must be submitted with the written paper.
Rubric for Grading
Dimension
Exceeds Expectations
90 points and above
Meets Expectations89 -70 points
Below 70 points and below
Below 70 points.
Introduction and purpose of the article.
Well-articulated introduction and purpose of the article.

10 points
Good description of the introduction and purpose of the article.
Does not adequately explain the purpose of the article
7 points
Poor description of the introduction and purpose of the article.
Does not adequately explain the purpose of the article
5 points
Theoretical framework of the article.
Well articulate, through explanation of the theory/theories used
to explain the issue. All theories must be identified and their
assumptions.
20 points
Good explanation of theory/theories to the issue. No all theories
and assumptions not identified.
15 points
Poor explanation of theory/theories to the issue. No all theories
and assumptions not identified.
10 points
Study methodology
Through explanation of the methodology

10 points
Inadequate explanation of the methodology
7 points
Poor explanation of the methodology.
5 points
Analysis/discussion and findings
Through explanation of the analysis/ discussion and findings
20 points
Inadequate explanation of the analysis/ discussion and findings
15 points
Poor explanation of the analysis/ discussion and findings
10 points
Your assessment of any impact on criminal justice professionals
Through assessment of any impact on criminal justice
professionals
20 points
Inadequate assessment of any impact on criminal justice
professionals
15 points
Poor assessment of any impact on criminal justice professionals
10 points
Your thoughts as to whether this is a positive or negative
change and why.
Make your own recommendations.
Well articulate thoughts as to whether this is a positive or
negative change and why.
At least 5 recommendations
10 points
Not well articulate thoughts as to whether this is a positive or

negative change and why
2-3 recommendations
5 points
Poorly articulate thoughts as to whether this is a positive or
negative change and why.
1-recommendation.
3 points
APA Style
Well written in APA style
10 points
Not well written in APA style
5 points
Poorly written in APA style
3 points
Research Paper and Presentation
Research Topic. The research should be based on Victims of
Crimes. In doing the research the following should outline
should be followed.
a) Abstract
b) Background to your topic
c) Objective – Why are you researching this topic?
d) Research question/ Hypothesis
e) Literature review
f) Methodology – How was data collected
g) Data analysis and discussion- What was the outcome of your
research followed by a discussion.
h) Conclusion and recommendations.
i) References.
NOTE: All topics MUST be approved by Me.

Rubric for Grading
Dimension
Exceeds Expectations:
90 points and above
Meets Expectations:89 -70 points
Below 70 points and below
Below 70 points
Abstract
Well written and articulated abstract
5 points
Good description but not detailed.
3 points
Poor written abstract
1 point
Background to the Topic
Well articulate, explanation of the background of the topic.
5 points
Insufficient explanation to the background of the topic
3 points
Poor explanation
to the background of the topic.
2 points

Objective – Why are you researching this topic?
.
Excellent explanation for researching the topic
5 points
Inadequate explanation for researching the topic
3 points
Poor explanation for researching the topic
2 points
Research question/ Hypothesis
Well-developed research question/Hypothesis
5 points
Inadequately developed research question/Hypothesis
3 points
Poorly developed research question/Hypothesis
2 points
Literature review
Through literature review with relevant points
20 points
Inadequate literature review
15 points
Poor literature review
10 points
Methodology – How was data collected?
.
Well articulate methodology- include all the steps
10 points
Not well articulate methodology- lacks important steps
5 points

Poorly explained methodology.
3 points
Data analysis - What was the outcome of your research?
Well articulate data analysis
10 points
Not well articulated data analysis.
10 points
Poorly explained data analysis.
3 points
Discussion and conclusion
Excellent discussion and conclusion
20 points
Not well developed discussion and conclusion
3 points
Poorly developed discussion and conclusion
2 points
Recommendations.
At least 6 recommendations
10 points
3 - 6 recommendations
5 points
3 or less recommendations
3 points
References
6 or more scholarly references

5 points
3 - 6 or more scholarly references
3 points
3 or less scholarly references
1 point
APA Style
Well written in APA style
5 points
Not well written in APA style
3 points
Poorly written in APA style
1 point
1
1
201
9
Spring
Semester

Monday
:
6:00
-
8:30
Professor: Dr.
M. Chris Herring
Phone: 919
-
695
-
3807
Email:
m
[email protected]
OFFICE HOURS:
Monday
After Class
Other times

-
by appointment.
COURSE
D
ESCRIPTION
criminal law, procedure, and the
court processes. The elements of offenses as well as de
fenses, constitutional and others, and
processes from detention to arrest, pre
-
trial, trial and post
-
trial will be analyzed.
Student Learning Outcome
Assessment
Analyze the impact of Constitutional, s
tatutory, and case law on
Tests and case

briefings, scenario
Journal article review
and analysis
Identify in
ternal and external factors involved in criminal
Reports based on
video analysis
Understand the criminal process from detention through post
-
trial
procedures
Tests case briefings
and research papers
1
2019 Spring Semester
Monday: 6:00-8:30

Professor: Dr. M. Chris Herring
Phone: 919-695-3807
Email: [email protected]
OFFICE HOURS:
Monday After Class
Other times - by appointment.
COURSE DESCRIPTION
criminal law, procedure, and the
court processes. The elements of offenses as well as defenses,
constitutional and others, and
processes from detention to arrest, pre-trial, trial and post-trial
will be analyzed.
Student Learning Outcome Assessment
Analyze the impact of Constitutional, statutory, and case law on
Tests and case
briefings, scenario
Journal article review
and analysis
Identify internal and external factors involved in criminal
Reports based on
video analysis
Understand the criminal process from detention through post-

trial
procedures
Tests case briefings
and research papers
Running head: JUDICIAL PROCESS IMPACT POLICY:
BAILEY V. UNITED STATES (2013) CASE
1
JUDICIAL PROCESS IMPACT POLICY: BAILEY V. UNITED
STATES (2013) CASE 2
Judicial Process Impact Policy: Bailey v. United States (2013)
Case
Sandy Pennington
Southern New Hampshire University
Judicial Process Impact Policy: Bailey v. United States (2013)
Case
Overview of the Case
Bailey v. United States, 568 U.S. 186 (2013), is one of the most
controversial cases on search and seizure in the history of the
United States of America. A 6–3 decision reversed the weapons
conviction of Bailey, a Long Island man who suffered a
conviction when police tracked his vehicle on leaving his

apartment just before they had to search it. Justice Anthony
Kennedy wrote the majority opinion, and while Antonin Scalia
staked a concurrence, Stephen Breyer opposed.
Meanwhile, the Second Circuit Court of Appeals maintained the
sentence. It recognized and endorsed the argument of the
government that the 1981 holding of the Court in Michigan v.
Summers case that individuals in the immediate locality of
searches can be apprehended while the execution of the searches
continue was sufficiently comprehensive to cover the chase and
arrest of the suspects who had left the scene in cars. In his
opinion, Kennedy deferred holding that it did not, because one
Bailey driving away, it meant that none of the law-enforcement
interests the Michigan v. Summers holding identified were
involved. Scalia, on the other hand, argued that what mattered
the most was the fact that the vehicle was no longer in the direct
vicinity of the locations warranted for search, and that
harmonizing tests generated confusion. Breyer, on his part, held
out that the police, in reality, had those interests despite
Bailey's exodus by his truck. As such, while there was a
consensus over the case in the end of the day, both the
agreement and the circumstances of its reaching were intensely
debatable. To avoid such confusions in the future, there need to
be a clear policy to govern search and seizure under such
circumstances.
Policy Derivation
To achieve the above objective, there is necessity to understand
and balance the interests of the main and all stakeholders in the
case. In Bailey v. United States (2013) scenario, they included
the defendant (Bailey) and the police officers who detained him
and his colleague. A good policy should ensure the observance
of the rights and freedoms of each party without the
interference of those of the other. That is, the policy should
conform to all other existing policies on the same issue to
ensure there is no conflict of interest between the police
officers and the defendants. It is only this way that we can solve

the confusion and controversies involved in cases such as
Bailey v. United States (2013), thereby easing the judicial
process of the cases.
Among the main components of controversy and confusion in
this case was that there was no probable cause for the search
and seizure of Bailey and that the police as well arrested them
away from the immediate vicinity of the apartment warranted
for search. Unlike in Michigan v. Summers, here, the intrusion
of the detention is more prominent as the police detains the
defendants outside their residence, in public, and transported
back to the residence under search consequently spelling
“inconvenience” and “indignity” to the defendants. Secondly,
the search is conducted in the absence of the “occupant:” hence,
severely undercutting the law enforcement interests. Since the
suspect is away from the premises under search, he will not be
aware of it, and so, there will be no threat of flight upon the
unearthing of incriminating evidence. Similarly, an individual
away from the under search premises poses no threat of harm to
the police or the public. Given these factors, the following
policy will work: “A search and seizure can only be conducted
when there is a probable cause and while the suspect is in their
premises warranted for search or their immediate vicinity. Only
when they are aware of the search and are trying to flee, or
possess weapons, which endanger the lives of the police officers
and the public, can they be searched and seized outside and in a
rangy vicinity of their premises.” The only thing needed to
implement this policy is to educate the police officers of its
elements so that they understand how it works and how to apply
it.
References
Justia US Supreme Court, (2013).Bailey v. United States, 568
U.S. 186 (2013). Retrieved from
https://supreme.justia.com/cases/federal/us/568/11-770/case.pdf

CJ560ModuleEight ShortPaperGuidelines andRubric
Overview: This assignment will allow you to gain an
understanding of how the judicial process impacts policy and
procedure.
Prompt: The three cases below resulted in judicial decisions that
influenced policy and procedure. In this short paper, you will
analyze a judicial case and write a
policy and procedure based on the reforms needed. Choose one
of the following scenarios, below. Read the decision and write
an appropriate policy and
procedure to comply with the court. Use the Supreme Court site
to research details about your chosen case.
you are the chief of police. Write a policy and procedure about
search andseizure.
(2012) (Corrections case): In this scenario, you are the warden
of a prison. Write a policy and
procedure about who is subject to various types of searches.
scenario, you are a court administrator. Write a policy and
procedure about the rules ofevidence.
As you write your short paper, consider the following:
stakeholders in scenario one may be the citizens, offenders,
police personnel, police union,
and police administrators.

implemented?
and procedure?
Specifically, the following critical elements must be addressed:
I. Summary: Provide a brief summary about the selected case.
II. Stakeholders: Describe the stakeholders within the selected
case.
III. PolicyandProcedure: Create a policy and procedure that
thoroughly complies with the court’s decision in the
selectedcase.
IV. Justification: Provide a justification for the policy and
procedure that addresses the unique characteristics of the
selectedcase.
http://www.supremecourt.gov/
Rubric
Guidelines for Submission: Your paper must be submitted as a
3- to 4-page Microsoft Word document with double spacing, 12-
point Times New Roman font,
one-inch margins, and at least four sources cited in APA format.
Critical Elements Exemplary (100%) Proficient (90%) Needs
Improvement (70%) NotEvident (0%) Value
Summary Meets “Proficient” criteria and
utilizes rich detail
Provides a brief summary
about the selected case
Provides a brief summary

about the selected case, but is
inaccurate and/or missing
details
Does not provide a brief
summary about the selected
case
20
Stakeholders Meets “Proficient” criteria and
utilizes rich detail
Describes the stakeholders
within the selected case
Describes the stakeholders
within the selected case, but is
inaccurate and/or missing
details
Does not describe the
stakeholders within the
selected case
20
PolicyandProcedure Meets “Proficient” criteria and
utilizes scholarly sources to
support choices
Creates a policy and procedure
that thoroughly complies with
the court’s decision in the
selected case

Creates a policy and procedure
that thoroughly complies with
the court’s decision in the
selected case, but is inaccurate
and/or missing details
Does not create a policy and
procedure that thoroughly
complies with the court’s
decision in the selected case
25
Justification Meets “Proficient” criteria and
utilizes scholarly sources to
support assertions
Provides a justification for the
policy and procedure that
addresses the unique
characteristics of the selected
case
Provides a justification for the
policy and procedure that
addresses the unique
case, but is inaccurate and/or
missing details
Does not provide a justification
for the policy and procedure
that addresses the unique
case

25
Articulationof
Response
Submission is free of errors
related to citations, grammar,
spelling, syntax, and
organization and is presented
in a professional and easy-to-
read format
Submission has no major
errors related to citations,
grammar, spelling, syntax, or
organization
Submission has major errors
spelling, syntax, or
organization that negatively
impact readability and
articulation of main ideas
Submission has critical errors
spelling, syntax, or
organization that prevent
understanding of ideas
10
Total 100%

CRJU 4510 SyllabusSpring 2015Department of Criminal Justice.docx

CRJU 4510 SyllabusSpring 2015Department of Criminal Justice.docx

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