CRIJ 275 Criminal Evidence Law

This course presents the law and rules of evidence, burden of proof, exclusionary rule, presumption, opinion evidence, and leading court cases involving the presentation and acceptability of evidence. Witness examination procedures and related legal problems are presented.

Credits

3 Credits

Semester Contact Hours Lecture

48

CRIJ 275Criminal Evidence Law

Please note: This is not a course syllabus. A course syllabus is unique to a particular section of a course by instructor. This curriculum guide provides general information about a course.

I. General Information

Department

Social Science

II. Course Specification

Course Type

Program Requirement

Credit Hours Narrative

3 Credits

Semester Contact Hours Lecture

48

Grading Method

Letter grade

Repeatable

N

III. Catalog Course Description

This course presents the law and rules of evidence, burden of proof, exclusionary rule, presumption, opinion evidence, and leading court cases involving the presentation and acceptability of evidence. Witness examination procedures and related legal problems are presented.

IV. Student Learning Outcomes

Upon completion of this course, a student will be able to:

  • Analyze the historical development of the law of criminal evidence.
  • Analyze the role of evidence in the court adjudication process and explain how the adversarial system impacts the evidentiary process.
  • Understand how evidence is presented and used to determine guilt or innocence.
  • Understand the burden of proof in a criminal case and the distinction the between direct and circumstantial evidence.
  • Understand the required qualifications of being a witness and how the credibility of witnesses is attacked.
  • Explain the evidentiary concepts that relate to judicial notice, privileges of witnesses, and shield law.
  • Define hearsay and explain how the rule is applied in a criminal prosecution.
  • Identify and explain the recognized exceptions to the hearsay rule.
  • Understand the historical development of the exclusionary rule and explain how the exclusionary rule and fruit of the poisonous tree doctrine impact the admission of evidence.
  • Understand the limits of the exclusionary rule and explain when the rule does not apply.
  • Understand and explain the “special needs” exception to the search warrant requirement and how administrative searches differ from investigative searches.
  • Explain the process for obtaining a lawful confession and the evidentiary impact of a confession.
  • Understand and apply the law governing identification evidence.
  • Analyze the problems associated with the seizure and handling of physical and trace evidence as it relates to a criminal prosecution.
  • Understand the current legal environment that governs the search of computers, wiretapping and dogs to trained to alert.
  • Understand the process for acquiring evidence from a crime scene and the chain of custody requirement for evidence presented in a criminal prosecution.
  • Explain when a warrant is needed for videotaped surveillance and the evidentiary rules that impact the admission of photographs, documents and writings as evidence.
  • Define scientific evidence and explain the evidentiary rules that impact the admissibility of scientific evidence.

V. Topical Outline (Course Content)

History and Development of the Law of Criminal Evidence Important Aspects of the American Criminal Justice System Using Evidence to Determine Guilt or Innocence Direct and Circumstantial Evidence and the Use of Inferences Witnesses and the Testimony of Witnesses Judicial Notice, Privileges of Witnesses, and Shield Laws The Use of Hearsay in the Courtroom The Confrontation Clause and Exceptions to the Hearsay Rule The Exclusionary Rule Where the Exclusionary Rule Does Not Apply "Special Needs" and Administrative Searchers Obtaining Statements and Confessions for Use as Evidence The Law Governing Identification Evidence Obtaining Physical and Other Evidence Obtaining Evidence by Use of Search Warrants, from Computers, Wiretapping, or Dogs Trained to Indicate an Alert The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprint and Trace Evidence Videotapes, Photographs, Documents, and Writings as Evidence Scientific Evidence

VI. Delivery Methodologies

Required Assignments

Participation in classroom discussion and activity Chapter readings and written summaries of main topics

Required Exams

Chapter Quizzes Unit Exams

Required Text

Criminal Evidence Principles and Cases, By Thomas Gardner and Terry Anderson (9th Edition, Cengage Learning)

Specific Course Activity Assignment or Assessment Requirements

Participation in classroom discussion and activity Chapter readings and written summaries of main topics Chapter Quizzes Unit Exams