Description:

Constitutional Case Law is an exploration of those provisions of the U.S. Constitution that impact the way in which the criminal justice system operates. Students will learn through discussion of important U.S. Supreme Court cases that have shaped the way the Constitution is interpreted followed by analysis of hypothetical fact patters that require the student to apply the knowledge they have gained. 3 hrs. lecture/wk.

Supplies: Refer to the instructor's course syllabus for details about any supplies that may be required.

Prerequisites: NONE

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Explain the history and structure of the U.S. Constitution, including the purpose and significance of the Bill of Rights.
2. Analyze the due process clause of the 14th Amendment and outline which Amendments of the U.S. Constitution are effected by the 14th and which are not.
3. Define the concepts of legal precedent and stare decisis.
4. Explain the state and federal court systems and the role of the U.S. Supreme Court in both systems.
5. Understand the components of a legal citation and prepare a legal brief of a U.S. Supreme Court opinion.
6. Explain the Fourth Amendment’s guarantees and the importance to law enforcement, including the history and effect of the exclusionary rule.
7. Identify the types of contacts law enforcement may have with the public and the legal justification for each.
8. Identify the legal requirements for making an arrest with and without a warrant.
9. Identify the requirements for getting a search warrant the procedure for executing the warrant.
10. Identify the legal exceptions to the Fourth Amendment’s warrant requirement, explain when each exception applies, and discuss the authority of law enforcement as a result of the exception.
11. Discuss the provision of the Fifth Amendment and the import of the Miranda ruling.
12. Identify the rights afforded under the Sixth Amendment.
13. Discuss the Eighth Amendment as it relates to sentencing and incarceration concerns.

Content Outline & Competencies:

I. Review The History And General Application Of The United States
Constitution
   A. Understand the foundation of the United States Government and
Constitution.
   B. Describe the ratification process for the Constitution and what is
necessary today to amend modify or change the Constitution or its
Amendments.
   C. Describe the general elements of Federalism, the Separation of
Powers Doctrine and the Supremacy Clause from the Constitution.
   D. Define and provide examples of Due Process of law as contained in
the first 10 Amendment to the Constitution.
   E. Explain the limitations of the Due Process Clause of the 14th
Amendment on the first 10 Amendments as interpreted by case decisions of
the United States Supreme Court.

II. Ability Of The Government To Search, Seize And Detain Persons And
Property 
   A. Enumerate the provisions in the Constitution, which regulate local
and federal governments’ ability to search, seize and detain persons and
property.
   B. Describe the history and effect of the exclusionary rule as a remedy
against unreasonable governmental searches and seizures. 
   C. List what is constitutionally necessary for a valid arrest warrant
and a valid search warrant.
   D. Describe the conditions when the government may legally arrest
without a warrant for a felony or misdemeanor crime.  
   E. Describe when the government may legally search and seize items
without a search warrant.  

III. Right to Counsel and the Law of Interrogation
   A. Identify when the right to assistance of counsel is required by the
Constitution.
   B. Analyze under what conditions or situations may the government
legally detain and question an individual before advising the person of
their constitutional right to counsel.

IV. Investigation and Adjudication of Criminal Suspects
   A. Discuss the case law regarding suspect identifications and the right
to counsel under the Sixth Amendment.
   B. Define the concept of entrapment as a defense to a crime.
   C. List the events that occur in the pretrial process and discuss the
purpose of each event.
   D. List the events that occur at trial and the legal requirements
relating to each step of the trial process.

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

1. Four unit examinations	         50 points each
2. One comprehensive final examination	100 points
3. Quizzes	                         10 points each
4. Written assignments	                 10 points each
5. A research paper over a major area   100 points
   of study in the class	                          

Caveats:

1. Students will need basic word processing and Internet searching skills for the completion of some papers, exercises and projects.

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.