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					  CJAD 405 - Laws of Criminal Evidence
                 January 2010 – March 2010 (09-53)
                                  Online Course
                                        Syllabus
     Effective Date: Monday, January 11, 2010 to Saturday, March 6, 2010

Course Description
CJAD 405 LAWS OF CRIMINAL EVIDENCE - 3 Credit hours
Sections A & B

Prerequisites: CJAD 101 and junior standing

Catalog Description: Analysis of what and why certain testimony, objects, and materials
should be admitted into or excluded from consideration at trial. Examines the evolution
of laws of evidence, exceptions, privileges, hearsay, confessions and admissions,
Exclusionary Rule, preservation of evidence, expert witnesses, and the trial process.
Focus is on ways of obtaining and presenting evidence consistent with the 4th, 5th, and
6th Amendments to the U.S. Constitution.




I. Overview and Course Goals
Welcome to Laws of Criminal Evidence (CJAD 405), online! You are about to embark
on a learning experience that will change the way you may think about criminal justice
and the pursuit of the truth in the courtroom. The course materials and guidance of the
instructor will facilitate lively discussions of the legal philosophy of the laws of evidence.
Your work on the weekly “Nuts-and-Bolts” assignments, problem-solving scenarios, and
a case brief, coupled with participation in weekly discussions and regular feedback from
the instructor, will give you a solid understanding of the evidentiary rules and principles
that control what evidence may be considered by the jury in determining that justice is
done. You will begin to watch courtroom drama on TV and the theater with greater
discernment, and you will observe life’s drama in our nation’s real courtrooms with much
greater appreciation and understanding from the perspectives of the key players involved
the prosecution and defense of a criminal case.

This class is designed for self-motivated students who have at least junior standing.



                                            -1-
The course encompasses the study of the salient and most important of the laws and rules
of evidence in state and federal courts. This is an upper level course; you should be
prepared to work hard and diligently to master the subject matter and get the most from
the course.

During Week 1, we will introduce ourselves to each other and to the course. We will
begin our quest to understand, in a practical way, the laws of criminal evidence by
studying the sources of the laws of evidence, the forms and types of evidence, and how
each participant in the courtroom is affected by the rules. You will be introduced to the
Federal Rules of Evidence, a comprehensive and uniform approach to establishing
evidentiary rules, that are applied universally in federal courts, and serve as a basis for
rules of evidence in numerous state courts. You will also be given an “Admissibility
Formula” that will help keep you focused on the rhyme and reason of the many rules of
evidence we will study and analyze. In this week, we will take a close look at the
essential “relevance” factor in the formula.

During Week 2, we will explore some of the timesaving, shortcuts permitted at trial in
presenting evidence in court, including judicial notice of law and fact and stipulations.
We will analyze the burdens of proof in the trial of criminal and civil cases, and relate
those burdens to the issues of proving guilt and presenting defenses. We will discuss the
roles of the prosecutor, defense counsel, judge, and jury, and will discuss the procedures
involved in presenting evidence in pretrial procedures and at trial. We will also learn
how evidence is offered for admission by one party and challenged by the opposing
party.

During Week 3, we will study and analyze evidentiary rules that determine the
admissibility of character evidence. We will learn how specific bad acts of the defendant
committed before the time of the charged offense may be used against the defendant at
trial. We will also discuss how evidence, although relevant and material to the issues in
the case, may otherwise be excluded from the consideration of the jury. Finally, we will
begin to explore the application of the “authenticity” element of the admissibility formula
and how the concept of authenticity affects the admissibility of documents and
real/physical evidence.

During Week 4, we will evaluate the “competency” factor of the admissibility formula
and will analyze the rules relating to the competency of evidence, witnesses, the judge,
and jury. We will also explore the rules relating to the presentation of witness testimony,
including direct and cross-examination of witnesses, and those rules that allow the
credibility of witnesses to be tested (impeachment) and rehabilitated. As society’s
attitudes change, so do the rules of evidence. Some of the most emotionally difficult trials
for victims are those involving sex offenses. Victims were often unwilling to pursue
criminal complaints, because of fear of embarrassment and abuse because of their past
involvement in sexual activity. We will analyze the response of Congress in formulating
“Rape Shield” rules established in Federal Rule 412 that shield sex offense victims from
having random “dirt” thrown at them while, while still permitting the defendant to




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introduce limited, specific, relevant, and competent evidence of the victim’s past sexual
activity.

During Week 5, we will review the development of the laws of privilege and the changes
made to these evidentiary rules as society has changed. We will learn that privileges often
exclude authentic and relevant evidence from the consideration of the jury. These
privileges are society’s recognition of the need to exclude evidence in order to preserve
certain relationships for the good of society, such as those relationships between husband
and wife, clergyman and penitent, and attorney and client. We will address the proper
role of opinion evidence in the courtroom and distinguish between the admissibility of
lay and expert opinion. Finally, we will learn the hearsay rule and begin to identify the
major exceptions to the rule.

During Week 6, we will continue to master the rules of evidence relating to opinions and
hearsay. We will also begin to look at the various Constitutional impediments to the
admissibility of evidence, including the exclusionary rules relevant to the Fourth, Fifth,
and Sixth Amendments to the Constitution. We will discover how the courts balance the
protections under the Bill of Rights afforded defendants in criminal trials against the
quest for truth at trial.

During Week 7, we will continue to survey the exclusionary rules and begin to examine
the implications of evidence derived from scientific tests. Does “junk science” find its
way into our court system?

During Week 8, we will continue to examine the implications of evidence derived from
scientific tests.

II. Student Course Objectives
Upon completion of all elements of the course, the student will, through online
discussions, written assignments, review of videos and PowerPoint aides, and testing: (a)
demonstrate eclectic and comprehensive knowledge of the laws and rules relating to
criminal evidence; (b) demonstrate the ability to resolve evidentiary issues presented in
fact scenarios; (c) prepare a case brief that identifies the parties in the case, the salient
facts and issues presented, the court’s analysis, the holding of the court, the applicable
rules of law that support the holding, and the existence of concurrent and dissenting
opinions in the case; and (d) advocate, in interactive, weekly Online Campus
discussions, for or against evidentiary propositions presented in hypothetical questions
and topical inquiries.

Specifically, the student will be able to:

   Understand the sources and process by which criminal evidence rules evolved.
   Understand the burdens of proof for admissibility of evidence by the prosecution and
   defense.
   Define judicial notice, substitutes for evidence, presumptions, and inferences.


                                             -3-
  Apply the concepts of relevance, authenticity, competency, and materiality.
  Determine when privileges may apply such as privileged communications such as
  those between husband and wife or between lawyer and client.
  Demonstrate proper forms of questions for direct and cross-examination.
  Understand the proper evidence foundations required to refresh memory of a witness,
  impeach a witness, and rehabilitate a witness, including the use of reputation and
  opinion evidence.
  Distinguish between testimony, documentary evidence, real evidence, expert, and lay
  opinion evidence, and discuss the utilization of scientific test results in court.
  Properly define hearsay evidence and be able to recite and properly utilize in a
  courtroom setting exceptions to the hearsay rule.
  Identify the parties to criminal trials and the explain the roles of each, such as the
  prosecutor, defense counsel, jury, and trial judge.
  Understand the effects that the Fourth, Fifth, Sixth, and Fourteenth Amendments to
  the U.S. Constitution have on the admissibility or inadmissibility of evidence
  Brief cases and prepare a case summary including the recitation of the facts, legal
  issues, legal analysis, and holding of the court.
  Demonstrate in writing, the ability to properly lay the foundations for the
  admissibility of evidence, present the evidence for admission and object to evidence
  that is offered for admission.

III. Measurable Learning Outcomes
  Explain the history and evolution of the laws of evidence.
  Describe the American trial process.
  Compare and evaluate the common evidentiary privileges recognized in the United
  States.
  Explain the history of the current application of the hearsay rule.
  Describe the legal rules and procedures involving confessions and admissions.
  Describe the legal rules and procedures governing pretrial investigative and
  identification procedures.
  Explain the standards governing admission of lay and expert testimony.
  Compare and evaluate the types and qualities of scientific evidence and evidentiary
  standards governing the use of this evidence.
  Identify and explain the use of common substitutes for formal proof, such as
  presumptions, inferences, judicial notice, and stipulations.
  Describe and assess the practical and legal issues related to evidence collection and
  preservation.
  Distinguish between direct and circumstantial evidence
  Evaluate the ethical standards which apply to criminal justice professionals in the
  court system and evaluate the common legal/ethical dilemmas faced by these
  professionals.
  Explain the methods and procedures employed during direct and cross-examination of
  witnesses.
  Analyze and interpret judicial opinions and case studies on evidentiary issues.


                                         -4-
   Interpret and apply the meaning of specific statutory sections to assorted factual
   situations.
   Appraise current literature, materials, and developments regarding the laws of
   criminal evidence.




IV. Course Policies
Online Participation

        eServices, CougarMail and D2L Software: All course access shall be through
Columbia College eServices. Click on “eServices” at the top of the Columbia homepage
at http://www.ccis.edu. eServices is your gateway to your course and CougarMail. It
allows a synchronized login for access to: CougarMail, D2L Online Courses, and student
record information. The student information web page will be helpful in navigating
through     various    sections    of     the   course.        The     link   is   at:
http://www.ccis.edu/online/admissions/onlineforme.asp.    This page includes self-
assessment quizzes, a student manual for D2L, a course demonstration, technical
requirement information, and help numbers.

The Columbia College Solution Center for eServices issues, including account activation,
changing passwords, or CougarMail may be reached via phone at 573-875-HELP (4357)
or 800-231-2391 x4357. They can be reached via e-mail at CCHelpDesk@ccis.edu. If
you have a problem accessing the Columbia College website or a problem logging on to
eServices, you should contact the help desk. In addition, help desk technicians will
provide support with computer, telecom and audio visual questions and issues.


           Hours of Operation
     Help Desk                 Hours
Monday - Thursday 7:30AM - 10:00PM
Friday                 7:30AM - 8:00PM
Saturday               10:00AM - 6:00PM
Sunday                 Noon - 6:00PM

 The D2L help desk for navigating the course may be reached by e-mail at:
helpdesk@desire2learn.com and by phone by calling 519-772-0322 or 877-325-7778.

        Active Participation and Staying On Track: Active, weekly participation in
the course will guide students in studying for the exams and mastering the subject matter.
A class week is defined as the period of time between Monday and Sunday. Except for
the last week of class, each class week begins on Monday, and ends at midnight the


                                          -5-
following Sunday, except for Week 8, when the week and the course will end Saturday,
March 6, 2010 at midnight. Both online discussion responses and written assignments
scheduled for completion during a class week must be submitted or posted by the weekly
due dates stated in this syllabus.

       Writing Assignments: Writing assignments must be completed and successfully
submitted in the appropriate Dropbox in a timely manner, so that they are received by the
due date. Writing assignments require formal writing style.

        Discussion Requirement: Students are expected to login to class Discussions
and post responses to the discussion topic(s) for the week. The weekly online discussions
are graded. A minimum of two (2) online discussion threads must be posted by the
student. The initial post by each student is due no later than 8:00 PM each
Wednesday of the week. The initial post will be in response to the initial instructor
thread. A follow-up student thread must be posted no later than 8:00 PM on Friday
of each week of class. The follow-up thread may be either a must be submitted in
further response to the Instructor’s starting thread, or may be submitted in
response to another student’s thread. Postings to other student threads are strongly
encouraged and expected. Late posts will receive no credit. Failure to participate in
accordance with the rules set forth above will result in a grade of “0” points for that
portion of the student’s grade. The instructor will facilitate online discussions in the
Discussion section by responding to selected posted messages during the week. In order
to receive credit, the student thread must be substantive. This is especially important for
the follow-up thread. Merely following up with a response such as “I agree with you,” or
any other such insignificant post, will receive no credit.

        Helpful Tools to Ensure Timely Submission of Assignments: THE DUE
DATES FOR ALL ASSIGNMENTS ARE LISTED CONVENIENTLY IN THE
CHARTS IN PART V OF THIS SYLLABUS. ADDITIONALLY, THE DUE
DATES ARE ALSO FOUND IN THE CHECKLIST AND “EVENTS”
CALENDAR” PROVIDED FOR YOUR CONVENIENCE. CLICK ON THE
CHECKLIST LINK AND YOU MAY VIEW ALL ASSIGNMENTS DUE FOR
EACH WEEK. CLICK ON THE “EVENTS” LINK AND YOU MAY VIEW
ASSIGNMENTS DUE FOR THE DAY, WEEK, OR MONTH. USE THESE
CONVENIENT TOOLS TO HELP YOU STAY ON TRACK. ALL TIMES ARE
CENTRAL TIME! Absences from scheduled activities, without permission of the
instructor, may result in no credit for assignments due during the absence, and may also
result in a course withdrawal being issued for the student. Emergency leaves of absence
from scheduled activities must be documented with the instructor.


Ground Rules for Online Participation
       Students are expected to participate in online discussions, as well as in other
       appropriate online activities including sending/receiving e-mail, reading the
       assignments from the text and specific Federal Rules of Evidence, viewing the


                                           -6-
       videos and PowerPoint presentations in the Content section of the course, and
       navigating and conducting research over the World Wide Web.
       Students should use e-mail for private messages to the instructor and to other
       students. The Discussion section is used for discussion of the assigned topics set
       forth in the weekly thread. This section is used for public messages so we can see
       what the students individually and collectively have to say about any given topic,
       and respond to if desired.
       When communicating on line, all students will observe conventions of "online
       etiquette," including courtesy and civility to all users.
       Students may receive assistance with computer related problems through the
       Columbia College Distance Education Department help desk and the D2L help
       desk. Students may not expect the instructor to assist with computer problems.
       Written assignments/papers are to be prepared on Microsoft Word and
       uploaded to the Dropbox in D2L. That method preserves their formatting. If,
       for any reason, the Dropbox is not accessible, students should submit papers as
       part of the e-mail message to the instructor. Such submissions via e-mail should
       only be used in an emergency, such as times during which the dropbox is not
       available or during times when the student is unable to access the dropbox.
       NB: IF YOU ARE USING A WORD PROCESSOR OTHER THAN
       MICROSOFT WORD, PLEASE USE THE “SAVE AS” FUNCTION AND
       SAVE THE FILE AS A MICROSOFT WORD FILE OR AN .RTF FILE.

Academic Honesty

All Columbia College policies are in effect as described in the Academic
Dishonesty/Misconduct section of the current college Catalog. All your work must be
your own unless collaboration has been authorized. If collaboration is authorized you
must acknowledge the collaboration in writing. Your grade will be based in large part on
the originality of your ideas and your written presentation of these ideas. Presenting as
one's own the words, ideas, or expression of another in any form is cheating
though plagiarism. If you are unsure what constitutes plagiarism, review the rules of
original writing at the following web site: http://owl.english.purdue.edu/ This link
provides valuable information, including examples about plagiarism. To review some
plagiarism tools available to students, take a look at http://www.schoolsucks.com and
http://www.evilcheater.com. The content of these plagiarism sites would, if you were
lucky, get you a "D" in this course if you were not caught. It is substandard work indeed,
but you will almost always be caught if you try to cheat, due to the plagiarism prevention
tools available to instructors. Here are two sites that may be of interest:
http://indiana.edu/~wts/wts/plagiarism.html and http://www.plagiarism.com. Plagiarism
will not be tolerated and the claim of ignorance is no excuse. Those found plagiarizing
may fail the course.

CITE YOUR SOURCES. In each written assignment, you must “give credit where
credit is due.” Accordingly, you will need to cite the source or sources for your work
that you submit. No specific manual format is required, provided you identify your
source or sources sufficiently, and provided that you use quotes and cite page


                                           -7-
numbers from sources where material was used verbatim from the source. For
example, in answering a Nuts-and-Bolts question, if your answer is based on material in
the class text, you may say “According to the text,” or “(text).” If the information is
derived directly from a Federal Rule of Evidence, then you need only cite the rule
number and subsection, e.g., (Fed.R.Evid 404 (b)). If verbatim material is taken from
a source and used in your written assignments, you must use quotes or block quotes
AND cite a page number or page numbers where the material was taken from the
source. PLEASE ENSURE THAT YOU CITE YOUR SOURCE OR SOURCES
AFTER EACH ANSWER. A mere reference to the text at the end of the assignment
is not sufficient. A couple of examples illustrate these requirements:

   Take a look at page 145 of your text. Look at section B - Public policy.
   The first sentence is, "Some presumptions of law are sanctioned by the courts and
   legislatures for public policy purposes." Please note the following correct ways to
   cite the material, depending upon your using it verbatim or paraphrasing:

   a. Verbatim use: If you were to use that sentence verbatim or any substantive portion
   of it verbatim, the verbatim language must be in quotes and your citation must state
   the source and page number. The material and citation would look like this: "Some
   presumptions of law are sanctioned by the courts and legislatures for public policy
   purposes." (Class text, 145).

   b. Paraphrasing: If you paraphrase the sentence as follows: - The state and federal
   legislatures and the courts often allow presumptions to be considered by the jury
   because of public policy - then no quotes are needed because you paraphrased the
   verbatim text and put it in your own words. Even though quotes are not needed, the
   sentence is not your own creative idea, so you must cite the source. In this case, you
   may cite the source as (class text) without the page number.

   Failure to cite sources will result in a one-point deduction for each answer for
   which a citation was not given or for which verbatim material was not properly
   referenced with a citation and page number or page numbers, as required.

Beware of Wikipedia: If you decide to use Wikipedia as a source, please note that you
do so at your own risk. It may be a helpful site for some general understanding of a term
or concept, but the site has had problems with authenticity of the materials and
credentials of those “professors” who have submitted information to Wikipedia.



Student Conduct

The instructor reserves the right to manage a positive learning environment and thus will
not tolerate inappropriate conduct in the course. All Columbia College students, whether
enrolled in land-based or online courses, are responsible for behaving in a manner
consistent with Columbia College's Code of Student Conduct and Ethics Code for


                                           -8-
Computer Users. Students violating these codes will be referred to the Campus Life
Office for possible disciplinary action. The Code for Student Conduct and the Ethics
Code for Computer Users can be found in the Columbia College Student Handbook, a
copy of which can be obtained by calling the Campus Life office.

Levels of Written Communication

We will be using two levels of communication in this course, one formal, and the other
informal.

Written Assignments: Except for the Case Brief and Fact Scenario #1 which have
their own formatting requirement, all written assignments require FORMAL
writing. They should be written as if you are communicating with a client. The
formal rules of proper English and grammar apply for these submissions, and
points will be deducted for misspellings, incomplete sentences, and poor sentence
structure.

       Written Assignment Grading Criteria:

              - Substantive Errors: Deductions will be taken for substantive errors
              for each answer submitted, i.e., incorrect solutions to the problems,
              incomplete answers, failure to answer a required question or part thereof,
              or lack of elaboration regarding crucial issues that should have been
              addressed in the questions in the Nuts and Bolts of Evidence assignments,
              the fact scenarios, and the case brief. The student will be given instructor
              feedback as to the incorrect answers and will be provided with feedback as
              to the correct response or responses to the questions.

              -   Formal Writing Errors: Deductions for the assignment as a
                  whole, will be taken for formal writing errors as follows:

                             - No deductions: Almost total freedom from spelling and
                     grammatical errors; clearly defined points; exceptional
                     organization, sentence structure, transitions/headings, and
                     paragraph development; fitting, lively, and consistent diction; and
                     up-to-date, accurate, recitations of applicable law used in support
                     of the points asserted in the answer

                             - 1-2 point deduction: infrequent, but repeated, minor
                     spelling errors, and grammatical errors, including, but not limited
                     to an infrequent sentence fragment or run-on sentence.

                              - 3 point deduction: frequent spelling and/or grammatical
                     errors, or faulty sentence structure.




                                          -9-
Discussion postings are informal. You do not have to use capitalization to begin
sentences. There are no penalties for misspellings, incomplete sentences, or other
violations of grammatical rules. The criteria that must be met in conference postings
are that your messages must be original and intelligible. You must communicate
effectively, and your contributions to the online discussions must be substantive. An
optional communication tool we have at our disposal is the use of a chat room.

CougarMail is the only acceptable e-mail that will be used for private
communications between students and between students and the instructor.
Columbia College policy requires that I use CougarMail as the e-mail service to contact
students. If you desire, you may forward the CougarMail I send you to your personal e-
mail account. Instructions for forwarding CougarMail are available in the “help” section
of the CougarMail program. Except in an emergency, such as during times when you
are unable to access the dropbox, do not attach assignments to e-mail. Assignments
are to be uploaded to the appropriate dropbox.

Chat rooms allow us to communicate in a synchronous fashion if class participants desire
to communicate with the instructor in “real time.” If one or more students desire
synchronous communication, start a thread in the conference requesting a chat session.
This course, however, is structured around asynchronous communication. Use of chat
rooms is strictly optional, and will only be utilized at the request of course participants.

Library Resources
Columbia College’s library databases are available at:
http://www.ccis.edu/offices/library. You may access them using your eServices login and
password when prompted. If your text does not arrive by the beginning of the
course, you should use the library databases and other sources in the internet to join
in the discussions, to keep up with the course materials and to help you prepare
your graded assignments for submission.

Students With Disabilities

There will be no discrimination on the basis of sex, race, color, national origin, sexual
orientation, religion, ideology, political affiliation, veteran status, age, physical handicap,
or marital status. Students with documented disabilities who may need academic services
for this course are required to register with the Coordinator for Disability Services at
573-875-7626. Until the student has been cleared through the disability services
office, accommodations do not have to be granted. It is vital if you are a student who
has a documented disability to read the entire syllabus before signing up for the course.
The structure or the content of the course can make an accommodation not feasible. The
policies and related syllabus matters remain subject to change in the event of extenuating
circumstances.




                                            - 10 -
V. Grades
General
Course grades will be determined using component scores: weekly online discussion
participation; weekly Nuts-and-Bolts of Evidence answers; a self test, two quizzes; two
fact scenario problem-solving exercises; a case brief; a midterm examination; and a final
examination. The sum of the component scores will be used to calculate the appropriate
total grade for the course. The following is the grade scale:
1000 – 900 points...... A
 899 – 800 points....... B
 799 – 700 points....... C
 699 – 600 points....... D
 599 - 0 points....... F

Rounding Up / Marking on the Curve:

For letter grade purposes, I round up the scores of any students whose point totals are
0.5, 0.4, 0.3, 0.2, or 0.1 points SHORT of a score that would move the student’s letter
grade to the next higher grade, PROVIDED THE STUDENT HAD SUBMITTED
ALL WRITTEN ASSIGNMENTS ON TIME, HAD PARTICIPATED IN ALL OF
THE WEEKLY DISCUSSIONS ON TIME (INCLUDING INITIAL AND
FOLLOW-UP THREADS AS REQUIRED BY THE SYLLABUS), AND HAD
TAKEN ALL QUIZZES AND EXAMS ON TIME. For example, to earn an “A” in
the course, a student must earn a minimum of 900 out of 1000 points. If, therefore, a
student submitted all graded assignments in a timely manner, participated in all weekly
discussions, taken all quizzes and exams on time, and attained a score of either 899.5,
899.6, 899.7, 899.8, or 899.9, I will consider the final point total to be a 900 (rounded
up), and the student will have earned an A. If the student’s score is 899.4, 899.3, 899.2,
or 899.1, it will remain a B. To reiterate, however, if the student did not submit a graded
assignment on time, or did not participate within the syllabus guidelines in all discussions
in the course on time, or did not take all quizzes and exams on time, then there will be no
rounding up. In such a case, an 899.5, 899.6, 899.7, 899.8, or 899.9 would not be rounded
up to an A; the student would receive a B.

I DO NOT MARK ON A CURVE. I DO NOT GIVE EXTRA CREDIT
ASSIGNMENTS. The grade you earn is the grade you will receive.


Late Assignment Policy

Failure to submit written assignments in the Dropbox by the date due will result in a
grade reduction for the assignment, or may result in no credit at all. Late written
assignments will only be accepted with prior approval by the instructor. The amount
of deduction will be determined by the reason for the late submission, and the amount of
time that the assignment was overdue. At a MINIMUM a 20% deduction will be


                                           - 11 -
assessed for each day past due. The amount of credit, if any, allowed by the instructor
for approved late submissions will be determined by the instructor and communicated to
the student. In a bona fide emergency situations, properly documented with the
instructor, the student may, at the discretion of the instructor, be given a grace period in
which to submit overdue assignments for full credit, or may, at the discretion of the
instructor, be permitted to submit the overdue assignment for partial credit. The student
must advise the instructor about emergency situations as soon as possible.

Graded Course Assignments

An open-book Self Test will be taken by the student during the first two weeks of the
course. The test is on the contents of the syllabus. It is strongly recommended that before
taking the test, the student print out the syllabus for easy reference. The self test is worth
10 points towards the student’s final grade. The self test consists of ten multiple choice
questions and is NOT PROCTORED.

The weekly Online Discussion topics are started in a thread posted by the instructor in
the Discussion section. Each week’s discussion is worth 20 points towards the student’s
final grade. Students failing to participate in a substantive way in the Online
Discussion for the week will not receive any points for that week’s discussion. A
single posting, for example, that merely states in effect nothing more than you agree or
disagree with another student’s posting may be a helpful response to the other student,
but is not substantive. You must share your own thoughts and analysis. Online
discussion topics are found in the section VI of the syllabus, and are posted each week in
the “Contents” section of the course. To achieve full credit for the Discussion posting,
your initial substantive thread must be posted no later than 8:00PM on Wednesday
of the week that the discussion thread is due, and the follow-up thread must be
posted no later than 8:00 PM on Friday of the week.

The Nuts-and-Bolts of Evidence assignments are due weekly. Each weekly Nuts-and-
Bolts of Evidence submission is worth 25 points towards the student’s final grade. The
student’s answers are to be deposited in a Microsoft Word document in the Nuts-and
Bolts Dropbox folder for that particular week. These assignments are extremely helpful
for preparing the student for quizzes and examinations. Nuts-and-Bolts questions are
found in the section VI of the syllabus, and are posted each week in the “Contents”
section of the course. Please note that not all questions listed in the syllabus must be
answered in writing. Please read the instructions in the syllabus and in the Contents
section for each week to learn of the required number of answers to be submitted in
the Dropbox for Nuts-and-Bolts assignments each week.

Two Quizzes, each of which is worth 60 points towards the student’s final grade. Each of
the two quizzes consists of 20 multiple choice questions. These examinations are NOT
PROCTORED. The allotted time for each quiz is 40 minutes.

Two Fact Scenario Problem Solving Exercises are designed to place the student in the
roles of the law enforcement investigator, the prosecutor, and the defense counsel. The



                                            - 12 -
student will attempt to solve the evidence problems that arise in the fact scenario by
analyzing the relevancy and forms of evidence, by making proper objections and
responses to evidence that is offered, and by supporting the objection or response with a
rational and persuasive analysis of the applicable rules of evidence. Each fact scenario
problem solving exercise is worth 30 points towards the student’s final grade. The
student’s answers are to be deposited in a Word document in the applicable Fact Scenario
Dropbox folder for that particular week. The Fact Scenario Problem Solving Exercises
will be posted in the “Contents” section of the course for weeks four and six. Note that
Fact Scenario # 1 has its own format requirement which is provided by the
instructor in the Content area.

A Case Brief worth 30 points towards the student’s final grade. The student’s answers
are to be deposited in a Word document in the Case Brief Dropbox folder for assigned
week. The case to be briefed is cited in section VI of the syllabus, and is posted in the
“Contents” section of the course for week two. Note that the Case Brief must be in the
format set forth in the Study Guide example.

A Midterm Examination worth 210 points will be taken by the student in week 5 of the
course. This examination consists of 50 multiple choice questions and is NOT
PROCTORED. The allotted time is 90 minutes.

A Final Examination worth 210 points will be taken by the student in week 8 of the
course. This examination consists of 50 multiple choice questions is NOT
PROCTORED. The allotted time is 90 minutes.

NOTE: The times listed on the chart that follows are CENTRAL TIME

                                          Points          Due Date and Time
 Week         Assignment
                                          Possible         (Central Time)

 Week 1       Online Discussion # 1       20 pts       Initial: Wed, 1/13 – 8:00 PM
                                                       Follow-up: Fri, 1/15 – 8:00 PM



              Nuts-and-Bolts Answers      25 pts       Sun, 1/17 – 8:00 PM

 Week1-2      Self Test on Syllabus       10 pts       Sun, 1/24 – Midnight

 Week 2       Online Discussion #2        20 pts       Initial: Wed, 1/20 – 8:00 PM
                                                       Follow-up: Fri, 1/22 – 8:00 PM

              Case Brief                  30 pts       Fri, 1/22 – Midnight




                                         - 13 -
         Nuts-and-Bolts Answers   25 pts    Sun, 1/24 – 8:00 PM
         #2

Week 3   Online Discussion #3     20 pts    Initial: Wed, 1/27 – 8:00 PM
                                            Follow-up: Fri, 1/29– 8:00 PM

         Nuts-and-Bolts Answers   25 pts    Sun, 1/31 – 8:00 PM
         #3

         Quiz 1                   60 pts    Test period will be open from
                                            Fri, 1/29 at 6:00AM until Sun,
                                            1/31 at Midnight. Test time is 40
                                            minutes. NOT PROCTORED

Week 4   Online Discussion # 4    20 pts    Initial: Wed, 2/3 – 8:00 PM
                                            Follow-up: Fri, 2/5 – 8:00 PM

         Fact Scenario Problem    30 pts    Fri, 2/5 – Midnight
         Solving Exercise #1

         Nuts-and-Bolts Answers   25 pts    Sun, 2/7– 8:00 PM
         #4

Week 5   Online Discussion #5     20 pts    Initial: Wed, 2/10 – 8:00PM
                                            Follow-up: Fri, 2/12 – 8:00 PM

         Nuts-and Bolts Answers   25 pts    Sun, 2/14 – 8:00 PM
         #5

         Midterm Examination      210 pts   Test period will be open from
                                            Fri, 2/12 at 6:00AM until Sun,
                                            2/14 – Midnight. Test time is 90
                                            minutes. NOT ROCTORED

Week 6   Online Discussion #6     20 pts    Initial: Wed, 2/17 – 8:00PM
                                            Follow-up: Fri, 2/19 – 8:00PM

         Fact Scenario Problem    30 pts    Fri, 2/19– Midnight
         Solving Exercise #2




         Nuts-and-Bolts Answers   25 pts    Sun, 2/21 – 8:00 PM
         #6



                                  - 14 -
Week 7        Online Discussion #7            20 pts          Initial: Wed, 2/24 – 8:00PM
                                                              Follow-up: Fri, 2/26 – 8:00 PM

              Nuts-and-Bolts Answers          25 pts          Sun, 2/28– 8:00 PM
              #7

              Quiz # 2                        60 pts          Test period will be open from
                                                              Fri, 2/26 at 6:00AM until Sun,
                                                              2/28 at Midnight. Test time is 40
                                                              minutes. NOT PROCTORED

Week 8        Online Discussion #8            20 pts          Initial: Wed, 3/3 – 8:00 PM
                                                              Follow-up: Fri, 3/5 – 8:00 PM

              Nuts-and-Bolts Answers          25 pts          Sat, 3/6 – 8:00 PM

              Final Examination               210 pts         Test period will be open from
                                                              Thurs, 3/4 at 6:00AM until Sat,
                                                              3/6 at Midnight. Test time is 90
                                                              minutes. NOT PROCTORED

              Total Points                    1000 pts


    Evaluation / Assignment                     Points Possible       Notes

    Self Test                                   10 points             1 @ 10 points.

                                                120 points.
    Quizzes                                                           2 @ 60 points each.




    Fact Scenario Problem-Solving Exercises     60 points.            2 @ 30 points each.


    Case Briefing                               30 points             1 @ 30 points.

    Nuts-and-Bolts of Evidence                  200 points            8 @ 25 points each.

    Weekly Online Discussion Participation      160 points.           8 @ 20 points each.


    Midterm Exam                                210 points.           Testing Chapters 1-9.



    Final examination                           210 points.           Testing Chapters 10-16.




                                              - 15 -
Checklist and Events Calendars

In addition to the chart in this section of the syllabus, students should avail themselves of
two online tools that will assist the student organizing the class work and in keeping track
of the assignment deadlines. The course has links to a student “Checklist” that provides
students with a list of weekly tasks to check in order to keep current in the course.
Additionally, an events calendar is available to highlight deadlines for assignments. Both
of these tools are accessible from the main course screen.


VI. Required Text
Required:

Criminal Evidence (with Study Guide). Ingram, J. L. LexisNexis/ Anderson Publishing.
9th edition, 2007. ISBN: 1-59345-428-7. (comes with Study Guide). Students are
expected to read the assigned text and the assigned Federal Rules of Evidence in the
appendix to the text each week. Accordingly, it is essential that you order your course
text early enough to receive it prior to the first week of class. Please also note that the
format for the case brief for week 2 of the class is found in the Study Guide that
comes with the text. Please ensure that you get the Study Guide to the text along
with the text itself. The Study Guide is part of the Required Text requirement for
the course and is a good tool to use to prepare for the quizzes and exams. Students
purchasing used books must ensure that they also purchase the Study Guide. Some
used book vendors do not sell the text with the Study Guide.

Ordering Your Text Books:
Textbooks are available through the MBS Bookstore. You can purchase by check or
credit card. You can place your order by telephone (1-800-325 3252), by fax at 1-800-
499-0143, or by going to their web site for Columbia College students at:
http://direct.mbsbooks.com/columbia.htm.

Information about MBS (Missouri Book Services) can be viewed at:
http://www.MBSbooks.com/direct

WARNING: MAKE SURE THAT THE SELLER PROVIDES YOU WITH THE
STUDY GUIDE TO THE TEXT AS WELL AS THE TEXT ITSELF. IF YOU DO
NOT HAVE THE STUDY GUIDE, YOU WILL HAVE GREAT DIFFICULTY
COMPLETING THE CASE BRIEF ASSIGNMENT IN WEEK 2!!!!



TIMELY BOOK PURCHASE: MBS HAS A NEXT DAY OR QUICK DELIVERY
SERVICE. LACK OF A TEXT IS NOT AN EXCUSE TO DELAY ASSIGNMENT
SUBMISSIONS.



                                           - 16 -
Students: Please note that the use of an eBook carries certain risks:
information may be missing due to copyright restrictions, the book cannot
be resold to MBS, and an eBook purchase cannot be refunded.

CAUTION: FAILURE TO HAVE THE CLASS TEXT BY THE FIRST DAY OF
CLASS IS NOT AN EXCUSE FOR FAILING TO POST DISCUSSION THREADS
OR TO COMPLETE THE WRITTEN NUTS AND BOLTS OF EVIDENCE
ASSIGNMENTS. IF YOUR BOOK DOES NOT ARRIVE, USE THE LIBRARY
RESOURCES AVAILABLE ONLINE BY COLUMBIA (YOU WILL SEE THE
BUTTON LINK WHEN YOU OPEN THE COURSE) AND USE THE FEDERAL
RULES OF EVIDENCE AND POWERPOINT SLIDES PROVIDED BY THE
INSTRUCTOR IN THE “CONTENT” AREA OF THE COURSE.




VII. Course Schedule, Weekly Discussion Subjects,
Reading Assignments, and Graded Exercises, Case
Briefs, and Tests. Please Refer to the Assignment Chart
in Part IV of this Syllabus for Due Dates When They
Are Not Otherwise Listed in This Part VI of the
Syllabus.
Week 1.

          Read: Chapters 1, 2, 3, and 4. Federal Rules of Evidence: 101, 102, 103,
          401, 402, 403, and 611.
          Review the PowerPoint slides in the Content section of the course for
          Chapters 1, 2, 3, and 4.
          Topics: Historical perspective of the laws of evidence; Sources of the laws of
          evidence in the United States; Forms of evidence; Types of evidence
          (testimony, documents, real/physical, demonstrative); Types of evidence
          (direct and circumstantial); Admissibility of evidence - Admissibility formula
          (will be provided by the Instructor).

           Introduction Discussion: Introduce yourself in the “Introductions” thread
          of our General Discussions section. Please state your name, profession,
          hobbies, interest in criminal justice, and any other information that may help
          us get to know you.

          Online Discussion #1: In the Admissibility Formula “thread” in Online
          Discussion #1, answer the following question:



                                         - 17 -
       Evidence admitted in court is the only body of information that a jury
       may consider. In our American system of justice, evidence is
       determined to be admissible or inadmissible in accordance with the
       Federal Rules of Evidence in federal cases and in accordance with the
       individual state rules of evidence applicable to criminal trials in state
       courts. Although the list of rules is large, there are three general
       factors that determine admissibility of evidence – authenticity,
       relevance, and competency. Put in terms of an algebraic formula, it
       can be said that:



          Admissibility = authenticity + relevance + competency

          If all three factors are proven, then the evidence offered is
          admissible; if any one of the factors is not proven, then the
          evidence offered is not admissible. Please explain what is meant
          by authenticity, relevancy, and competency. Explain how
          evidence may be relevant and authentic, but may not be admissible
          because of Constitutional concerns that render the evidence
          incompetent.

          You are also encouraged to respond and add to other students’
          submissions.

Self Test on the Syllabus. Please go to the “Quizzes” section and take the
Self Test. You may take the Self Test during the period of 1/11/2010 –
1/24/2010. The self test is NOT proctored.

Nuts-and-Bolts of Evidence #1. Please answer the questions and deposit
your answers in a Word document in the Dropbox for Week 1. Please
number your answers to correspond to the number of the applicable
question. Answer any 5 of the 6 questions below.

   1. Define the following terms: real/physical evidence, testimony,
      documentary evidence, demonstrative evidence, direct evidence, and
      circumstantial evidence.
   2. Explain how the Anglican System influenced the rules of evidence in
      the United States. What is the main difference between the rules of
      evidence in the Anglican and American systems?
   3. Discuss the adoption of the Federal Rules of Evidence for Federal
      courts and explain to what extent the Federal Rules of Evidence are
      being adopted in state courts. In answering the question, please explain
      the role of Congress and the Supreme Court in the adoption of the
      rules.




                               - 18 -
             4. What is the difference between an objection based on the form of the
                question and an objection based upon the substance of the question?
             5. What effect do the decisions of the United States Supreme Court have
                upon state rules of evidence? Explain your answer.
             6. Is direct evidence, such as eyewitness identification, more reliable than
                circumstantial evidence? Explain your answer.

Week 2:
          Read: Chapters 1, 2, 3, 4, 5, and 6. Federal Rules of Evidence: 104, 201, 301,
          401, 403, 404, 406, 410.
          Review the PowerPoint slides in the Content section of the course for
          Chapters 1 through 6.
          Topics: Judicial notice of law and fact; Process of taking judicial notice;
          Presumptions; Inferences, Stipulations, Relevance Issues; Identity of persons
          and things; Defenses.

          Online Discussion #2. In the Burden of Proof “thread,” in Online
          Discussion #2, answer the following question:

             Our system of justice places the burden of proof of guilt upon the
             prosecution. The burden never shifts to the defense to prove innocence.
             Are there some instances where you believe that the burden of proof
             should shift to the defense to prove the innocence of the defendant?

             You are also encouraged to respond and add to other students’
             submissions.

          Case Brief - Maddox v. Montgomery (page 745). Follow the case brief
          format on pages ix-xi of the text Study Guide. Submit your case briefing
          in Word format and drop it in the Dropbox for Week 2. The assignment
          is due no later than midnight, Friday, 1/22/2010.

          Nuts-and-Bolts of Evidence #2. Please answer any two of questions 1
          through 5 and any 3 of questions 6 through 10 for a total of 5 questions.
          Deposit your answers in a Word document in the Dropbox for Week 2.
          Please number your answers to correspond to the number of the
          applicable question.

             1. Is the jury present when hearings on the admissibility of a confession
                is conducted? Cite the applicable rule that applies to this situation and
                explain the reason for the rule.
             2. State and explain three ways in which the approach to the use of
                evidence in civil cases differs from the approach in criminal cases.
             3. What is the role of the prosecutor in handling evidence at trial? The
                role of the judge? The role of the jury? What is meant by the


                                        - 19 -
                 statement, “The burden of proof of guilt in a criminal case is on the
                 prosecution throughout the trial”?
             4. Define burden of proof, burden of going forward, and burden of
                 persuasion.
             5. In some instances, the defendant has the burden of proving affirmative
                 defenses. Does this violate the Constitution? Explain your answer
                 with respect to several affirmative defenses, including the federal
                 insanity defense.
             6. The courts have established procedures for presenting evidence in
                 court. In the usual criminal case, what is the order of presenting the
                 evidence? What are the limitations of each party in offering rebuttal
                 evidence and rejoinder evidence? Why does the prosecution present its
                 evidence before the defense presents its evidence?
             7. Define “judicial notice.” There are two categories of judicial notice:
                 judicial notice of facts and judicial notice of laws. Describe the
                 requirements for the court’s taking judicial notice of facts. What are
                 the limits placed upon the kinds of facts that may be judicially noticed.
                 Under what circumstances may a judge take judicial notice of law?
             8. What is the difference between a presumption and an inference?
             9. What is a stipulation? Distinguish between a stipulation of testimony
                 and a stipulation of fact.
             10. Every person is presumed to be sane. Is this presumption rebuttable or
                 conclusive? Explain your answer.

Week 3:
          Read: Chapter 7, 13, and 14. Federal Rules Evid. 401, 404, 405, 406, 410,
          412, 901, 1001, 1002, 1003, 1004, 1005,1006, 1007.
          Review the PowerPoint slides in the Content section of the course for
          Chapters 7, 13, and 14.
          Topics: Character evidence; Proof of other crimes, wrongs, and acts; Rape
          shield evidentiary rules; Document authentication; Best evidence rule;
          Learned treatises; Real evidence authentication; Chain of custody, Jury view;
          Courtroom demonstrations.

          Quiz # 1. Go to the “Quizzes” section and take Quiz # 1. The material
          tested is from weeks 1 and 2 only, i.e. Chapters 1 through 6. The test
          period will be open from Fri, 1/29/2010 at 6:00AM until Sun, 1/31/2010 at
          Midnight. The test time is 40 minutes. This quiz is NOT proctored.

          Online Discussion #3. In the Character Trait “thread,” in Online
          Discussion #3, answer the following question:

             Specific, relevant, character traits of the accused may be introduced into
             evidence by the defense in federal courts to prove that the accused acted in
             accordance with those traits. For instance, an accused who is charged with


                                         - 20 -
   assault, may introduce evidence in the form of opinion or reputation
   evidence to prove that the accused is a peaceful person, and, therefore,
   would not have committed the assault charged. How much weight do you
   believe that such evidence should have in determining whether the
   accused is guilty or not guilty? Explain your position.

   You are also encouraged to respond and add to other students’
   submissions.

Nuts-and-Bolts of Evidence #3. Please answer any 3 of questions 1
through 7 and any 2 of questions 8 through 11 for a total of 5 questions.
Deposit your answers in a Word document in the Dropbox for Week 3.
Please number your answers to correspond to the number of the
applicable question.

     1. What is meant by the term “relevant evidence?” What is the general
        rule concerning the admissibility of relevant evidence? Who makes
        the decision at trial that the evidence offered is relevant?
     2. While relevant evidence is presumptively admissible, many legal
        theories will result in the exclusion of relevant evidence for a variety
        of reasons, some logical and some based on public policy. What are
        some of the reasons stated in Federal Rule of Evidence 403 to
        exclude relevant evidence from admission in court? Explain the
        rationale for the reasons stated.
     3. Under the Neil v. Biggers test for witness identification, what are the
        constitutional requirements that must be met in order to allow the
        admissibility of evidence of a victim’s or witness’s pretrial
        identification of the defendant from photographs or a lineup?
     4. Why might evidence of fleeing the scene or flight after the crime be
        indicative of guilt? Why is flight following a crime not always
        relevant evidence of a consciousness of guilt?
     5. Generally, evidence of a person’s character or a trait of his character
        is not admissible for the purpose of proving that the defendant acted
        in the predicted manner on the occasion in question. Under Federal
        Rule of Evidence 404(a), there are several exceptions mentioned.
        Define these exceptions to the general rule and explain the
        circumstances under which these exceptions apply.
     6. What is meant by the statement that documentary evidence is not
        admissible until it has been authenticated?
     7. Unless documents are self-authenticating, a foundation must be
        established for admissibility. There are four basic methods of proof.
        Name and explain two of them.
     8. What is the best evidence rule? Why have the courts adopted it?
        What are the provisions of Federal Rule 1002? May copies be
        admitted into evidence in lieu of the original document?




                              - 21 -
               9. What is meant by the term chain of custody? Is real evidence always
                   inadmissible if there are minor defects in the chain of custody?
                   Explain your answer.
               10. Does a judge have the authority in a criminal case to permit the
                   jurors to view the premises where the crime was alleged to have
                   been committed? What is the procedure for viewing the premises, if
                   a jury view is authorized? What are the rights of the accused and
                   counsel with respect to jury views?
               11. Under what circumstances may summaries of voluminous
                   documents be admitted into evidence in lieu of the actual
                   documents?

Week 4:
          Read: Chapters 8 and 9. Federal Rules of Evidence: 412, 601, 602, 603, 605,
          606, 607, 608, 609, 612, 613.
          Review the PowerPoint slides in the Content section of the course for
          Chapters 8 and 9.
          Topics: Competency of evidence, witnesses, jury, and judge; Examination of
          witnesses; Impeachment and rehabilitation of witnesses.

          Online Discussion #4. In the Child Witness “thread” in Online
          Discussion #4, answer the following questions:

             Assume you are the judge in a criminal trial. A five-year-old child is
             called to the stand. Discuss what you as the judge might do to ensure that
             the child witness is “competent” to testify.

             You are also encouraged to respond and add to other students’
             submissions.

          Fact Scenario Problem Solving Exercise # 1. Solve the evidentiary
          problems found in Fact Scenario #1. The Fact Scenario is found in the
          “Contents” section for Week 4. Read the Fact Scenario, analyze the issues
          presented in the problem questions and solve the problem. Submit your
          responses in the Dropbox in the Fact Scenario #1 folder for Week 4. The
          assignment is due no later than midnight, Friday, 2/5/2010 .

          Nuts-and-Bolts of Evidence #4. Please answer any 3 of questions 1
          through 7 and any 2 of questions 8 through 14, for a total of 5 questions.
          Deposit your answers in a Word document in the Dropbox for Week 4.
          Please number your answers to correspond to the number of the
          applicable question.

               1. Define competent evidence and incompetent evidence and give two
                  examples of each.


                                        - 22 -
        2. In addition to relevancy, what additional tests must documentary
            evidence pass in order to be considered competent?
        3. In the federal courts, scientific tests, experiments, and
            demonstrations must meet the requirements set forth in Daubert v.
            Merrell Dow Pharmaceuticals. What are the standards that produce
            competent scientific evidence under the Daubert case?
        4. What are the elements of competency for adults to qualify as
            witnesses?
        5. Does the fact that a witness was formerly committed to a mental
            hospital necessarily render the witness incompetent to testify?
            Please explain your answer. Who has the burden of proving mental
            incompetence?
        6. Rule 603 of the Federal Rules of Evidence requires that, before
            testifying, a witness shall be required to declare that he or she will
            testify truthfully by oath or affirmation. Does this mean that the
            witness must declare a belief in God? Explain your answer,
            including a discussion of the purpose of the oath or affirmation?
        7. Is evidence of the unchaste character of a victim of a sexual assault
            admissible in federal criminal cases? Explain your answer. When,
            if at all, is evidence of prior, consensual, sexual relations between
            the victim of a sexual assault and the person accused of sexual
            assault permitted in federal criminal cases? Explain your answer.
        8. What is meant by the term direct examination of witnesses? Which
            party conducts the direct examination?
        9. Define the term leading question. What are the rules for using
            leading questions on direct examination? There are at least four
            exceptions to the rule prohibiting leading questions on direct
            examination. Name these exceptions.
        10. Distinguish between the concepts of present memory revived and
            past recollection recorded.
        11. What is the general rule concerning the impeachment of a witness?
            List and describe three methods of impeaching a witness.
        12. May the credibility of a witness be attacked or supported by opinion
            or reputation evidence? If so, what are the limitations?
        13. May the credibility of a witness be attacked by introducing evidence
            that that witness has committed a crime? If so, what types of crimes
            may be referred to and for what purpose? Does it make any
            difference if the witness was pardoned?
        14. Explain what is meant by the term rehabilitation of a witness?

Week 5:
  Read: Chapters 10, 11, and 12. Federal Rules of Evidence: 701, 702, 703,
  704, 705, 801, 802, 803 (1) through (10), (18), (22), and (24), 804 (1) through
  (3) and (5), 805, 806.
  Review the PowerPoint slides in the Content section of the course for
  Chapters 10, 11, and 12.


                                 - 23 -
Topics: Privileges; Lay opinion testimony; Expert witness testimony; Hearsay
rule and selected exceptions
Midterm Examination. Go to the “Quizzes” section and take the Midterm
Examination. The material tested is from the first 4 weeks of class to
include chapters 1 through 9. Chapters 13 and 14 are NOT tested in the
midterm examination. The test period will be open from Fri. 2/12/2010 at
6:00AM until Sunday, 2/14/2010 at Midnight. The test time is 90
minutes. The midterm examination is NOT proctored.

Online Discussion #5. In the Privileges “thread” in Online Discussion #5,
answer the following question:

   Privileges tend to limit evidence, even though the evidence is relevant and
   authentic. Assume that a member of a church congregation sought out his
   pastor to discuss how he could save his soul. The pastor asks for his
   specific concerns, at which point, the church member told the pastor that
   he had murdered a child whom he abducted. He then proceeds to tell the
   pastor of the specifics of the crime. Under these circumstances, do you
   believe that the clergyman-penitent privilege serves any needs of society?
   Is there still a need for such a privilege? Is justice served if the privilege is
   permitted to exclude the evidence of the admissions that the church
   member made to the pastor?

   You are also encouraged to respond and add to other students’
   submissions.

Nuts-and-Bolts of Evidence #5. Please answer any 5 the questions and
deposit your answers in a Word document in the Dropbox for Week 5.
Please number your answers to correspond to the number of the
applicable question.

     1. Is the husband-wife privilege the same now as it was 50 years ago?
        If not, discuss its development and changes. What criteria are
        applied in determining if the privilege exists?
     2. State and give examples of three exceptions to the husband-wife
        privilege.
     3. Describe the attorney-client privilege and give the rationale for the
        privilege. Does the privilege survive the client’s death?
     4. What is meant by the crime-fraud exception to the attorney-client
        privilege? Discuss the two-point test that governs this exception.
     5. Who has the legal power to assert the attorney-client privilege? Are
        there any exceptions?
     6. What is the physician-patient privilege? What is its primary purpose
        of the privilege? What are the exceptions? Does the privilege apply
        to communications with a psychologist? Explain each of your
        answers to these questions.



                                - 24 -
               7. What is meant by the term shield law, as used with respect to the
                  news media-informant privilege? What is the intent behind shield
                  laws? Under what conditions must the privilege give way to
                  countervailing interests?
               8. What are the requirements for establishing the clergy-penitent
                  privilege? Explain each of the requirements.


Week 6:
          Read: Review Week 5 reading assignments and read Chapter 16.
          Review the PowerPoint slides in the Content section of the course for Chapter
          16.
          Topics: Lay opinion testimony; Expert witness testimony; Hearsay rule and
          selected exceptions. Search and Seizure/ Self-Incrimination Exclusionary
          Rules.

          Online Discussion #6. In the Hearsay Exception “thread” in Online
          Discussion #6, answer the following question:

             Excited utterances are exceptions to the hearsay rule. The rationale for
             allowing excited utterances into evidence is that such utterances, while
             made in the midst of a startling event would be reliable because there is no
             time to fabricate a false response to the event. Do you agree with this
             rationale? Support your position.

             You are also encouraged to respond and add to other students’
             submissions.

          Fact Scenario Problem Solving Exercise # 2. Solve the evidentiary
          problems found in Fact Scenario # 2. The Fact Scenario is found in the
          “Contents” section for Week 6. Read the Fact Scenario, analyze the issues
          presented in the problem questions, and solve the problem. Submit your
          responses in the Dropbox in the Fact Scenario #2 folder for Week 6. The
          assignment is due no later than midnight, Friday, 2/19/2010.

          Nuts-and-Bolts of Evidence #6. Please answer any 3 of questions 1
          through 8 and any 2 of questions 9 through 14 for a total of 5 questions.
          Deposit your answers in a Word document in the Dropbox for Week 6.
          Please number your answers to correspond to the number of the
          applicable question.

               1. Define opinion evidence, expert witness, and nonexpert witness.
               2. Rule 702 of the Federal Rules of Evidence defines the conditions
                  under which expert testimony is admissible. What is the general rule
                  relating to the use of expert testimony?



                                        - 25 -
               3. May a witness qualify as an expert when the expert does not have a
                   degree or license? May the special knowledge necessary to qualify
                   as an expert be derived from experience? May the fact that the
                   expert does not have a degree or license be brought out at the trial?
                   Explain your answers to each of the questions.
               4. When an expert witness takes the stand, may the expert’s opinions
                   be challenged in the cross-examination process? What is the process
                   for challenging these opinions?
               5. When an expert gives an opinion regarding handwriting, must the
                   expert state that he or she is positive that the samples are identical?
                   Does requiring a suspect to give a handwriting specimen violate the
                   Fifth Amendment?
               6. Why do most courts exclude expert testimony explaining the results
                   of polygraph examinations?
               7. A nonexpert, or lay witness, may state a relevant opinion if three
                   requirements are met. What are the three requirements? May a
                   witness give an explanation regarding the defendant’s guilt?
                   Explain your answer.
               8. A nonexpert witness is asked, “What was the appearance of the man
                   at the time, with reference to his being rational or irrational?” Will
                   an answer be allowed over the objection of the other party? Explain.
               9. Define hearsay under the Federal Rules of Evidence. Define the
                   following terms as they are used in relation to the admission of
                   hearsay evidence: statement and declarant. Under the Federal Rules
                   of Evidence, what statements are specifically listed as “statements
                   which are not hearsay?”
               10. What reasons are advanced as to why hearsay evidence should not
                   be admitted? What is the rationale for allowing some hearsay
                   evidence to be admitted as exceptions to the hearsay rule?
               11. Explain the business records exception to the hearsay rule. What is
                   the rationale for the exception?
               12. Under what conditions may evidence relating to testimony given at a
                   former trial be admitted into court? When is a witness unavailable
                   as that term relates to this hearsay exception?
               13. What is a dying declaration? Must a declarant actually state that he
                   or she is aware of imminent death before the statement is
                   admissible? In what types of cases is a dying declaration
                   admissible?
               14. Why are declarations against the interests of the declarant
                   admissible as exceptions to the hearsay rule? Give some examples.

Week 7:
          Read: Chapters 15 and 16.
          Review the PowerPoint slides in the Content section of the course for
          Chapters 15 and 16.


                                        - 26 -
Topics: Search and Seizure / Self-Incrimination Exclusionary Rules;
Scientific tests and evidentiary implications.


Quiz # 2. Go to the “Quizzes” section and take Quiz # 2. The material
tested includes chapters 10 through 14, The test period will be open from
Fri, 2/26/2010 at 6:00 AM until Sun, 2/28/2010 at Midnight. The test time
is 40 minutes. Quiz 2 is NOT proctored.

Please take the time this week to submit a COURSE EVALUATION. You
may answer the evaluation form by going to
http://www.ccis.edu/online/evaluations/evaluations.asp . The evaluation
section will be open from Monday, 2/22/2010 and close at 5:00 PM C.T.
on Wednesday, 3/3/2009.

Online Discussion #7. In the Exclusionary Rule “thread” in Online
Discussion #7, answer the following question:

   Do you believe that the reasons first expressed by the United States
   Supreme Court to exclude evidence obtained by violating the Fourth
   Amendment rights of the defendant are valid in today’s American society?
   Explain your position.

   You are also encouraged to respond and add to other students’
   submissions.

Nuts-and-Bolts of Evidence #7. Please answer any 5 of the questions and
deposit your answers in a Word document in the Dropbox for Week 7.
Please number your answers to correspond to the number of the
applicable question.

     1. Define the exclusionary rule. What is its purpose? What is the
        “derivative evidence” rule? What is the good faith exception?
     2. State four exceptions to the Constitutional requirement of obtaining
        a warrant for a search and seizure. Explain the rationale for each
        exception you select.
     3. What is the rationale for authorizing the seizure of objects from an
        impounded car? Explain your answer.
     4. Define and explain plain view as an exception to the warrant
        requirement.
     5. Why is a confession inadmissible if it is not freely and voluntarily
        given? Define free and voluntary and give case examples.
     6. What degree of proof is required of the prosecution to show that a
        confession is voluntary? Discuss. What factors are considered?




                             - 27 -
               7. What are the warnings required by the United States Supreme Court
                  as stated in Miranda v. Arizona? At what stage are the warnings
                  required for a confession or admission to be admissible?
               8. What provisions of the Bill of Rights protect a person’s right to
                  counsel in criminal cases? At what point in the judicial process does
                  the right to counsel attach? If a confession is obtained after counsel
                  is requested by the accused, is it admissible evidence for any
                  purpose?
               9. Discuss and explain the rules relating to the right to have counsel
                  present at a lineup.

          >>> Please submit your course critiques this week<<<

Week 8:
          Read: Repeat reading list for week 7.

          Final Examination. Go to the “Quizzes” section and take the Final
          Examination. The materials tested include chapters 10 through 16. The
          test period will be open from Thurs, 3/4/2010 at 6:00AM until Sat,
          3/6/2010 at Midnight. The test time is 90 minutes. The final examination
          is NOT proctored.

          Online Discussion #8. In the Scientific Evidence “thread” in Online
          Discussion #8, answer the following question:

             A sociologist who holds a doctorate degree in her field claims to have
             studied 150 cases involving false confessions and opines that she has the
             expertise to render opinions in court that a confession given by the
             defendant was true or false. Should the judge permit her opinion to be
             heard by the jury? Explain your answer.

             You are also encouraged to respond and add to other students’
             submissions.

          Nuts-and-Bolts of Evidence #8. Please answer all 5 of the questions and
          deposit your answers in a Word document in the Dropbox for Week 8.
          Please number your answers to correspond to the number of the
          applicable question.

               1. How does the Frye test differ from the Federal Rules of Evidence
                  (Daubert) test? What was the decision in the Daubert case? How did
                  Daubert change prior practice in federal courts?
               2. In addition to blood, what other substances are used to determine
                  alcohol content in DUI cases? What other tests may be performed in
                  determining if a driver is impaired by alcohol or drugs. What


                                        - 28 -
                     conditions must be met before the evidence will be admissible in
                     court?
                  3. Is testimony regarding fingerprint comparisons for identification
                     purposes authorized in a criminal case? How can one qualify as a
                     fingerprint expert? Are the police required to take fingerprints at the
                     scene of a crime? Must the officer give the Miranda warnings before
                     taking fingerprints in order for the fingerprint evidence to be
                     admissible? Explain your answers.
                  4. How does one qualify as a witness to testify about the results of
                     ballistics experiments? Give examples of some of the subjects of
                     ballistics expert testimony.
                  5. Describe the deoxyribonucleic acid (DNA) test. How is this test
                     used in criminal cases? Has the test been approved by state courts
                     and by federal courts? Do the courts take judicial notice of the
                     reliability of DNA evidence?

VIII. Instructor Information
Daniel J. D'Alesio Jr., J.D.

Neptune Beach, Florida

Telephone: (904) 244-9073 (work); (904) 246-4996 (Home) (Between 6:00PM and 8:00
PM Central Time, Monday-Friday and between 9:00 AM and 7:00 PM, Central Time,
Saturday and Sunday); (904) 891-5731 (cell phone number for use in evenings and
weekends as a fallback method of contact); E-mail: djdalesio@cougars.ccis.edu

Communication with the instructor by e-mail (CougarMail) is strongly preferred.
Telephone contact should be reserved for emergencies and in situations where an e-
mail communication would not sufficiently address the matter to be discussed.

Background Information of Judge D’Alesio:

I am pleased to serve as your instructor for this course.

I am an attorney at law and former trial judge, currently serving as Associate Director of
Claims and Litigation for the University of Florida, J. Hillis Miller Health Center, Self-
Insurance Program at the Jacksonville campus, a position focused on defense of medical
malpractice claims. Prior to this assignment, I served as the Program Administrator for the
City of Jacksonville’s Department of Community Services, Office of Juvenile Justice and
Offender-Based Programs, and had served as the first Program Administrator for the City of
Jacksonville Juvenile Justice Comprehensive Strategy, the nation’s first science-based
comprehensive strategy implemented in a community. Before assuming my duties with the
City of Jacksonville, I served for almost twenty-five years on active duty as Naval officer in
the Navy Judge Advocate General's Corps (JAG), where I attained the rank of Captain (0-6)
and retired as the Circuit Military Judge, Southeast Judicial Circuit.


                                             - 29 -
I graduated with a Bachelor of Arts degree in Psychology from LaSalle University in 1970,
and was inducted into Psi Chi, the National Honor Society for Psychology. I was
commissioned as an Ensign in the United States Naval Reserve upon graduation from Naval
Officer Candidate School in 1970. In 1973, I received my law degree (JD) from Villanova
University School of Law, and was awarded the Meritorious Community Service Award
from Villanova University School of Law for my work with indigent adults and juveniles.
In 1974, I began my active-duty career as a Navy judge advocate in the Tidewater, Virginia
area where he served successive tours as a trial counsel (prosecutor), defense counsel, and
civil law attorney at the Law Center, Fifth Naval District, the Naval Legal Service Office,
Norfolk, and the Branch Office at the Naval Air Station, Oceana. From 1977 to 1980, I was
assigned as Command Judge Advocate for Naval Support Activity, Philadelphia, and
Deputy Staff Judge Advocate for the Commandant, Fourth Naval District. In the year to
follow, I attended the Graduate Law Course at the Army JAG School where I graduated
with academic distinction on the Commandant's List, and earned a criminal justice
professional code with the United States Navy. From 1981 to 1984, I served on the staff of
the Naval Justice School where I was assigned as an instructor of law with expertise in
criminal law, evidence, trial practice and procedure, Constitutional law, and international
law. I also served as an academic division head, and as project manager for the construction
of a new Naval Justice School facility. During the next two years, I served as a military
judge in the Tidewater Judicial Circuit, presiding over courts-martial in Norfolk, Roosevelt
Roads, Puerto Rico, and Guantanamo Bay, Cuba. In 1986, I assumed duties as the
Executive Officer of Naval Legal Service Office, Philadelphia, and, in October 1988, began
my tour of duty as the Commanding Officer. From July 1989 until August 1991, I
performed personnel assignment and placement duties in the Office of the Judge Advocate
General. From August 1991 until 1994, I commanded the Naval Legal Service Office,
Mayport, Florida. Subsequent to this command tour, I served from 1994 until my
retirement from Naval service in 1998 as the Circuit Military Judge of the Southeast Judicial
Circuit, presiding over trials in a multi-state area of the Southeast, and supervising judicial
administration throughout the Circuit. From May of 1998 until May of 2002, I served with
the City of Jacksonville as a Program Administrator for the City’s Juvenile Justice
Comprehensive Strategy and Office of Juvenile Justice Programs. In May of 2002, I joined
the staff of the University of Florida Self-Insurance Program.

I have been certified and sworn as a general and special court-martial military judge, and
have served as a military magistrate. I am admitted to practice law in the States of Florida
and Pennsylvania, and am also admitted to practice before he U.S. District Court for the
Eastern District of Pennsylvania, the U.S. Court of Appeals for the Armed Forces, and the
Supreme Court of the United States. I am a member of the Federal Bar Association, the
Jacksonville Bar Association, and am a board member of the Catholic Lawyers Guild, and
have served as former Chair of the Military Affairs Committee of the Florida Bar. I serve
on the Diocesan Board of Education for the Diocese of St. Augustine, and have served as a
member and past President of St. Paul's Catholic School Board (Jacksonville Beach). My
military awards include the Legion of Merit, several awards of the Meritorious Service
Medal and Navy-Marine Corps Commendation medal, the Navy Achievement Medal, and
other military decorations. I am the recipient of the Fourth Judicial Circuit Teen Court



                                            - 30 -
Magistrate’s award for 2007, the 2008 Clayton B. Burton award by the Florida Bar for
excellence in support of legal services to military members and their families, the City of
Jacksonville “Leader of the Pack” award for quality management, and the City of
Jacksonville City Council Resolution for achievements in service to the City in the field of
juvenile justice and youthful offender programs. I have been an adjunct faculty member in
the Extended Studies Division of Columbia College for 14 years at the Jacksonville
Campus, and, since 2004, I have been an adjunct instructor for the Columbia College Online
Campus, and the course developer for the Laws of Criminal Evidence online course.




                                           - 31 -

				
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