| Class Hours: 3.0 | Instructor: |
| Laboratory Hours: 0.0 | Office No.: |
| Credit Hours: 3.0 | Phone No.: |
| Date Revised: 07-14-05 | E-mail: |
Required Text:I. WEEK/UNIT/TOPIC BASIS:Bevans, Neal R., Criminal Law and Procedure for the Paralegal, (Thomson Delmar Learning, 2003)Recommended Sources:
- Tennessee Rules of Criminal Procedure
- Federal Rules of Criminal Procedure
- Shapiro & Ames, Tennessee Criminal Procedure (in library)
II. COURSE OBJECTIVES:
WEEK UNIT TOPIC 1 Chapter 1 Introduction to Criminal Law; paralegals in criminal law practice; foundations of criminal law; what constitutes a crime (.5 hour); the Criminal Trial: distinction between criminal law and civil law (.5 hour); participants: (defendants, police, judges, prosecutors, attorneys, clerks, paralegals, probation officers, other) (1 hour); federal v. state (.5 hour); common law v. statutory (.25 hour); ethical considerations (.5 hour) 2 Chapter 2 Arrest, Search and Seizure: 4th Amendment (1 hour); arrest, probable cause (1 hour); warrants (1 hour) 3 Chapter 3 Post Arrest and Grand Jury: initial appearance, preliminary hearing (1 hour); prosecutor's office, staff, perspective (1 hour); grand jury, indictment (.75 hour); paralegal's role (.25 hour) 4 Chapters 4-5 Evidentiary Issues in Prosecution: admissibility, classifications of evidence (.5 hour); DNA, fingerprints, blood, polygraphs, voice testing (.5 hour); exclusionary rule, chain of custody (.5 hour); paralegal's role (.25 hour); Interrogation, Confessions, Miranda: rights and exceptions (.5 hour); profiling, custody, privilege (.75 hour) 5 Chapter 6 Arraignment and Discovery: procedure (1 hour); plea bargaining (1 hour); discovery (.5 hour); pretrial motions (.5 hour) 6 Chapter 7 Principals, Accessories and Attempt: first degree, second degree (.5 hour); before the fact, after the fact (.5 hour); conspiracy (1 hour); solicitation (.5 hour); ethical considerations (.25 hour); paralegal's role (.25 hour) 7 Chapters 8-9 Crimes Against the Person: components of a crime: mens rea, actus reus (.5 hour); proof, motive, degrees of murder (.75 hours); crimes that may also be torts (.25 hour); sex-related crimes (.5 hour); rape, sodomy, incest, etc. (1 hour) 8 Chapters 10-11 Crimes Against Property: Burglary, theft, receiving stolen property, robbery, fraud, forgery (1.25 hours); paralegal's role (.25 hour); Crimes Against Public Order and Morality, and Health: pornography, prostitution, drug crimes, DUI, invasion of property, concealed weapons, jury tampering, terrorism, vagrancy, cruelty to animals (1.25 hours); ethical considerations (.25 hour) 9-10 Chapters 12-13 Trial: Constitutional guarantees (2 hours); procedures (2 hours); To Kill a Mockingbird (2 hours) 11 Chapter 14 Defenses: presumption of innocence, burden of proof (.5 hour); affirmative defenses (1 hour); alibi, self-defense, other defenses (.5 hour); insanity (.75 hour); paralegal's role (.25 hour) 12 Chapter 15 Sentencing and Appeal: Constitution, guidelines, probation, parole, appeal (3 hours) 13 Appendix A The Kline case (3 hours) 14 → Mock Trial: the Kline case (3 hours) 15 → Final Examination
III. INSTRUCTIONAL PROCESSES:
- Demonstrate a complete and thorough understanding of legal ethics. I, III, V
- Identify and become familiar with the basic terminology of criminal law. I, II, IV
- Understand the nature of the role and responsibilities of legal assistants within the area of criminal law. I, II, III, IV, V
- Demonstrate an adequate understanding of the basic concepts of defenses. I, II, III
- Demonstrate an adequate understanding of the procedures by which criminal litigation is conducted in the state and federal systems. I, II, III
- Demonstrate an adequate understanding of the elements of various criminal offenses and defenses. I, II, III, IV, V
The student will:IV. EXPECTATIONS FOR STUDENT PERFORMANCE:
- Practice elements of the work ethic such as professionalism, preparedness, punctuality, honesty, cooperation, dependability, contribution, effectiveness, good manners, etc. Active Learning Strategy, Transitional Strategy
- Refine reading skills and expand legal vocabulary through completion of weekly guided reading exercises that allows more effective communication with lawyers and legal professionals. Communication Outcome, Active Learning Strategy, Transitional Outcome
- Strengthen analytical skills by locating court cases and statutes in the Educational Resources Center and on Westlaw to determine the application of the rules of law to specific facts. Communication Outcome, Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy
- Examine ethical issues related to legal representation, unauthorized practice of law, confidentiality, duty of legal professional to provide legal services, etc. Communication Outcome, Transitional Strategy, Active Learning Strategy
- Listen to speakers from the legal community to learn the demands for legal assistants who possess basic knowledge of legal topics in the work world. Transitional Strategy.
- Develop investigative skills using the Internet, library, and governmental agency resources to find relevant information. Technological Literacy Outcome, Transitional Strategy, Active Learning Strategy
The student should be able to:V. EVALUATION:
- Recognize and avoid acts that constitute the unauthorized practice of law. (A)
- Recognize and avoid acts that constitute the breach of client confidentiality. (A)
- Recognize potential and actual conflict of interest situations. (A)
- Identify basic terminology of criminal law. (B, C, D)
- Recognize and explain the function and purpose of motions to suppress. (B,F)
- Identify the function of various federal and state courts having criminal jurisdiction.
- Draft a Motion to Suppress Evidence. (B,D,E,F)
- Draft a Rule 16 discovery motion. (B,D,E,F)
- Identify the proper courts that have jurisdiction over criminal matters. (B,E)
- Assist in pre-trial litigation and research. (B,C,E)
- Understand jury selection process. (B,C,D,E,F)
- Recognize potential witnesses. (B)
- Interview witnesses. (B, C)
- Prepare exhibits. (B,C,D,E,F)
- Understand rules and state statutes governing appeals in criminal actions. (B,C,D,E,F)
VI. POLICIES:
- Testing Procedures:
Students are evaluated primarily on the basis of tests.
- Laboratory Expectations:
N/A
- Field Work:
Students will draft two papers; and will work in teams for trial presentation.
- Other Evaluation Methods:
- Class participation, group work, and homework will also comprise the final grade for the course. The instructor will provide full details the first week of class via a syllabus supplement.
- All tests and papers will be graded for spelling and English usage in addition to content and format.
- Any student encountering academic difficulty during the term is strongly encouraged to meet with the instructor to discuss options and solutions.
- Grading Scale:
A 93-100 C+ 78- 82 B+ 88- 92 C 73- 77 B 83- 87 D 65- 72 F 64 and below