Criminal Procedure

Sociology 4162 01

Spring 2005

Samaha/Herriges

Course Requirements in Brief

• Samaha, Criminal Procedure, 6 th edition.
• 5 exams (100+100+100+100+200) = 600 points.
• Undetermined number of unannounced quizzes = 140 points.

Course Requirements in Detail

Readings

Read all assignments before coming to class. The required text is: Samaha, Criminal Procedure, 6 th edition. Earlier editions won’t work.

Attendance

Attendance counts. Please come to class on time. If you have to leave early please let me know before class and sit toward the back where you won’t disturb the class when you leave. Thank you.

Class participation

Prepare to discuss (and maybe take an unannounced quiz covering) the cases and other stuff in parentheses in the Class Schedule (below). I strongly recommend that you participate in class discussions. Why? For one thing, active participation can help your grade. But, it can do more. Participating by talking (not just listening) sharpens your understanding of concepts and their application. Students often tell me, “I understand this stuff, I just can’t put it into words.” One of my best law professors told us, “If you can’t put what you understand into good sixth-grade English, you don’t understand; you just think you do.” Also, participation makes class time go faster and more enjoyably. Finally, participating in class doesn’t just help you; it enriches the whole class (and me too). The success of the class depends on your participation.

Exams

Part A (20 points) covers reading assignments in the text not discussed in class. Closed book and no notes. Short definitions, identifications, and explanations. No multiple choice or True/False.

Part B (80 points) Analysis of cases and other items in parentheses on the Class Schedule (below). Only cases we’ve actually discuss in class will be included. Format: Closed book; you can use your notes. Essay type.

Exams are not cumulative.

Make-up exams

You have to take exams at the scheduled time, unless you provide written proof of illness, death in the family, observance of religious holidays, participation in athletic events or other official University functions (See attached). The time of make-up Exams 1-4 is at the total discretion of Joe Herriges. The makeup for Exam 5 is scheduled by the Sociology Department. Contact Sociology for details, we don’t have them. There are no exceptions to these rules.

Quizzes

The quizzes cover the cases and other stuff to be discussed on the day of the quiz. Quizzes aren’t intended to trick you; they’re supposed to reward you for reading the assignment and coming to class. So, I try to ask only questions any careful reader should be able to answer. You’ll find the cases to be discussed in parentheses in the Class Schedule. Quizzes are almost always given at the beginning of class. They’re never announced. There are no makeup quizzes. If you miss a quiz and have a certified excuse your possible total quiz points will be reduced by the number of possible points on the excused quiz.

Grades

Grades start with your presumptive grade (a straight percent of your total points on the quizzes and exams). The presumptive grades are:

A = 95-100%; A- = 90-94%

B+ = 87-89%; B = 83-86%; B- = 80-82%

C+ = 77-79; C = 73-76%; C- = 70-72%

D+ = 67-69; D = 60-66%

F = less than 60%

If your presumptive grade is near a borderline, I may raise it to the next highest grade under one or more of the following conditions: your exam scores improve, you screw up on one of the exams (except for Exam 5), outstanding attendance, information provided by Joe Herriges to me about your work, and you’ve contributed to class discussions. Please be aware that it’s rare to move from A- to an A; a little less rare to move from B+ to A- and then it gets progressively easier as you move down the grading scale.

Class Schedule

January 18. Getting Started

January 20. The Criminal Procedure Roadmap. Chapter 1.

January 25. Searches and Seizures. Chapter 3 to 69. (Katz v. U.S., Exploring Expectation of Privacy Further, 1-2). Katz brief

January 27. Searches and Seizures. Chapter 3, Chapter 3, 69-76. (U.S. v. White; Kyllo v. U.S.)

February 1. Searches and Seizures. Chapter 3, 76 to end (California v. Greenwood; State v. Morris; California v. Hodari D.; In the matter of E.D.J.)

February 3. Exam 1 (100 points) All text assigned and cases discussed.

February 8. Chapter 4 to 108, 147-152. (Terry v. Ohio; Commonwealth v. Guillespie).

February 10. Chapter 4, 108-123 (Illinois v. Wardlow, make sure you pay careful attention to Justice Stevens’ dissent; U.S. v. Weaver).

February 15. Stops and Frisks. Chapter 4, 124-134. (Maryland v. Wilson, pay careful attention to Justice Stevens and Kennedy’s dissent; Commonwealth v. Gonsalves).

February 17. Stops and Frisks. Chapter 4 134 to 146. (U.S. v. Montoya de Hernandez; Michigan v. Sitz)

February 22. Balloon Swallowers, ("Maria Full of Grace")

Februrary 24. "Maria Full of Grace" discussion

March 1. Student Response System set up

March 3. Exam 2 (100 points). All text assigned and cases discussed since exam 1).

March 8. Seizures of Persons: Arrest, Chapter 5. (Atwater v. City of Lago Vista)

March 10. Searches for Evidence. Chapter 6 to 212. (Wilson v. Arkansas; Chimel v. California; New York v. Belton).

March 14-18. SPRING BREAK. Have fun or whatever, but don’t forget we’ll still be talking about searches when you come back.

March 22. Searches for Evidence. Chapter 6, 212-217 (Whren v. U.S.; State v. Ladson).

March 24. Searches for Evidence. Chapter 6, 217-228. (Schneckcloth v. Bustamonte; Exploring…Further, 1; U.S. v. Rodney)

March 29. Searches for Evidence. Chapter 6, 229-233. (Illinois v. Rodriguez; State v. McLees).

March 31. Searches for Evidence. Chapter 6, 233 to end. (Carroll v. U.S. Wyoming v. Houghton)

April 5. Exam 3 (100 points). All text assigned and cases discussed since exam 2

April 7. Special Needs Searches. Chapter 7. (Mary Beth G. v. City of Chicago; Commonwealth v. Neilson)

April 12. Police Interrogation and Confessions. Chapter 8 to page 302. (Miranda v. Arizona; U.S. v. Reyes)

April 14. Police Interrogation and Confessions. Chapter 8, 302 to end. (Colorado v. Connelly; State v. Bowe).

April 19. Identification Procedures. Chapter 9. (Manson v. Brathwaite; Commonwealth v. Johnson).

April 21. Exam 4 (100 points). All text assigned and cases discussed since exam 3

April 26. Remedies for Constitutional Violations. Exclusionary Rule and Entrapment, Chapter 10; Other Remedies, Chapter 11 (Pinder v. Johnson).

April 28. Is there a wartime exception to the Bill of Rights? Samaha Chapter 15. (Rasul v. Bush)

May 3. Finishing up

May 5. Review

May 14, Saturday 8-10. Exam 5 (200 points). All text assigned and cases discussed since exam 4