10504115Constitutional Law
Course Information
Description
Introduces the student to the legal process, procedure and forum in which guilt or innocence is determined. Explores the history and development of criminal evidence law and the necessity for having legal evidence. Meets LESB performance objectives.
Total Credits
3
Course Competencies
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Investigate the Law of Evidence and the pre-trial processAssessment Strategiesin classroom discussionsin a written examinationCriteriayou explain what constitutes evidenceyou summarize the objectives of the rules of evidenceyou distinguish between the jobs of prosecuting attorney and defense attorneyyou examine probable cause to arrest
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Examine the trial processAssessment Strategiesin a classroom discussionupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou summarize the sequence of events in a typical criminal trialyou distinguish between the level of proof required in a criminal case with the level of proof required in a civil caseyou summarize the two types of challenges of a jury used during a voir direyou summarize the process of examining witnesses
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Conceptualize the basics of evidenceAssessment Strategiesin classroom discussionsupon achieving a minimum of 70 percent on a written exercisein a written examinationby completing an evidence projectCriteriayou recognize the four general categories of evidenceyou summarize some of the reasons relevant evidence may be excludedyou summarize judicial noticeyou explain four examples of facts that a court may judicially notice
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Examine witnesses - competency and privileged communicationsAssessment Strategiesin classroom discussionupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou summarize the three characteristics that comprise witness capacityyou examine the rationale for privileged communicationsyou examine when the government may refuse to reveal the identity of an informer
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Distinguish between lay and expert witnessesAssessment Strategiesin classroom discussionsupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou recognize the one essential characteristic required before a person may become a witnessyou summarize a leading questionyou summarize impeachmentyou explain how a witness maybe qualified as an expertyou summarize the three bases for expert opinion
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Characterize credibility and impeachmentAssessment Strategiesin a classroom discussionupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou examine the four components of witness capacityyou summarize the five basic methods of impeaching a witnessyou examine the rule governing the impeachment of a witness on the grounds of biasyou summarize when a witness may invoke the privilege against self-incrimination
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Investigate the Hearsay RuleAssessment Strategiesin a classroom discussionupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou summarize hearsayyou explain the rationale for the hearsay ruleyou identify the five types of admissions by a party opponent that are exempt from the hearsay rule
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Examine admissions and confessionsAssessment Strategiesin classroom discussionsupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou explain an admissionyou explain when a suspect must be Mirandizedyou examine custody for the purposes of Mirandayou examine interrogation for the purposes of Mirandayou summarize the three exceptions to the requirement of Miranda warnings
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Examine the Exclusionary Rule - Search and SeizureAssessment Strategiesin a classroom discussionupon achieving a minimum of 70 percent on a written assignmentin a written examinationCriteriayou summarize the main purpose of the exclusionary ruleyou identify the procedure for obtaining a valid search warrantyou explain the meaning of probable cause the how probable cause may be establishedyou explain what circumstances are considered exigentyou examine the justification for a stop and frisk
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Examine the Exclusionary Rule - Identification ProceduresAssessment Strategiesin classroom discussionsupon achieving a minimum 70 percent on a written assignmentin a written examinationCriteriayou summarize the three types of identification proceduresyou identify the constitutional grounds for an accused's claim of misidentification before and at trialyou examine several situations that the law enforcement officer should avoid with respect to the makeup of a lineup or photographic array
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Recognize circumstantial evidenceAssessment Strategiesin classroom discussionsupon achieving a minimum of 70 percent in a written assignmentin a written examinationCriteriayou distinguish between direct and circumstantial evidenceyou explain how motive and intent differyou provide several examples of circumstantial evidence that may be used to prove the accused's consciousness of guilt
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Evaluate documentary evidence and the Right of DiscoveryAssessment Strategiesin classroom discussionin a written examinationCriteriayou summarize the classification of documents and each of their categoriesyou determine when a defendant is not required to comply with a subpoena to produce documents
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Recognize physical evidenceAssessment Strategiesin classroom discussionsin an Evidence Projectin a written examinationCriteriayou summarize five examples of how authentication can be accomplishedyou identify the four general categories of physical evidenceyou summarize the methods an officer can use to identify positively the object in court as the one that the officer found at the crime sceneyou identify the information that should be placed on a typical evidence tagyou examine how items of evidence should be packages for long-term storage in an evidence locker
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Examine photographic, recorded, and computer-generated evidenceAssessment Strategiesin classroom discussionsupon achieving a minimum of 70 percent in a written assignmentin a written examinationCriteriayou summarize the kinds of evidence included in the terms "writings" and "recordings" in the FREyou examine the various uses of photographic and recorded evidenceyou explore the three methods of authentication of photographs and recording
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Summarize how to testify effectivelyAssessment Strategiesin classroom discussionsupon achieving a minimum 70 percent in a written assignmentin a written examinationCriteriayou summarize the different methods used to notify an officer to appear in courtyou examine the appropriate clothing for officers to wear in courtyou explain what an officer should do while testifying with respect to objectionsyou summarize what an officer should do when he or she is does not recall the answer to a question askedyou explain what an officer should do when asked an argumentative question on cross-examination that the defense attorney insists should be answered yes or no