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
  1. Investigate the Law of Evidence and the pre-trial process
    Assessment Strategies
    in classroom discussions
    in a written examination
    Criteria
    you explain what constitutes evidence
    you summarize the objectives of the rules of evidence
    you distinguish between the jobs of prosecuting attorney and defense attorney
    you examine probable cause to arrest

  2. Examine the trial process
    Assessment Strategies
    in a classroom discussion
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you summarize the sequence of events in a typical criminal trial
    you distinguish between the level of proof required in a criminal case with the level of proof required in a civil case
    you summarize the two types of challenges of a jury used during a voir dire
    you summarize the process of examining witnesses

  3. Conceptualize the basics of evidence
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum of 70 percent on a written exercise
    in a written examination
    by completing an evidence project
    Criteria
    you recognize the four general categories of evidence
    you summarize some of the reasons relevant evidence may be excluded
    you summarize judicial notice
    you explain four examples of facts that a court may judicially notice

  4. Examine witnesses - competency and privileged communications
    Assessment Strategies
    in classroom discussion
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you summarize the three characteristics that comprise witness capacity
    you examine the rationale for privileged communications
    you examine when the government may refuse to reveal the identity of an informer

  5. Distinguish between lay and expert witnesses
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you recognize the one essential characteristic required before a person may become a witness
    you summarize a leading question
    you summarize impeachment
    you explain how a witness maybe qualified as an expert
    you summarize the three bases for expert opinion

  6. Characterize credibility and impeachment
    Assessment Strategies
    in a classroom discussion
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you examine the four components of witness capacity
    you summarize the five basic methods of impeaching a witness
    you examine the rule governing the impeachment of a witness on the grounds of bias
    you summarize when a witness may invoke the privilege against self-incrimination

  7. Investigate the Hearsay Rule
    Assessment Strategies
    in a classroom discussion
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you summarize hearsay
    you explain the rationale for the hearsay rule
    you identify the five types of admissions by a party opponent that are exempt from the hearsay rule

  8. Examine admissions and confessions
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you explain an admission
    you explain when a suspect must be Mirandized
    you examine custody for the purposes of Miranda
    you examine interrogation for the purposes of Miranda
    you summarize the three exceptions to the requirement of Miranda warnings

  9. Examine the Exclusionary Rule - Search and Seizure
    Assessment Strategies
    in a classroom discussion
    upon achieving a minimum of 70 percent on a written assignment
    in a written examination
    Criteria
    you summarize the main purpose of the exclusionary rule
    you identify the procedure for obtaining a valid search warrant
    you explain the meaning of probable cause the how probable cause may be established
    you explain what circumstances are considered exigent
    you examine the justification for a stop and frisk

  10. Examine the Exclusionary Rule - Identification Procedures
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum 70 percent on a written assignment
    in a written examination
    Criteria
    you summarize the three types of identification procedures
    you identify the constitutional grounds for an accused's claim of misidentification before and at trial
    you examine several situations that the law enforcement officer should avoid with respect to the makeup of a lineup or photographic array

  11. Recognize circumstantial evidence
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum of 70 percent in a written assignment
    in a written examination
    Criteria
    you distinguish between direct and circumstantial evidence
    you explain how motive and intent differ
    you provide several examples of circumstantial evidence that may be used to prove the accused's consciousness of guilt

  12. Evaluate documentary evidence and the Right of Discovery
    Assessment Strategies
    in classroom discussion
    in a written examination
    Criteria
    you summarize the classification of documents and each of their categories
    you determine when a defendant is not required to comply with a subpoena to produce documents

  13. Recognize physical evidence
    Assessment Strategies
    in classroom discussions
    in an Evidence Project
    in a written examination
    Criteria
    you summarize five examples of how authentication can be accomplished
    you identify the four general categories of physical evidence
    you summarize the methods an officer can use to identify positively the object in court as the one that the officer found at the crime scene
    you identify the information that should be placed on a typical evidence tag
    you examine how items of evidence should be packages for long-term storage in an evidence locker

  14. Examine photographic, recorded, and computer-generated evidence
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum of 70 percent in a written assignment
    in a written examination
    Criteria
    you summarize the kinds of evidence included in the terms "writings" and "recordings" in the FRE
    you examine the various uses of photographic and recorded evidence
    you explore the three methods of authentication of photographs and recording

  15. Summarize how to testify effectively
    Assessment Strategies
    in classroom discussions
    upon achieving a minimum 70 percent in a written assignment
    in a written examination
    Criteria
    you summarize the different methods used to notify an officer to appear in court
    you examine the appropriate clothing for officers to wear in court
    you explain what an officer should do while testifying with respect to objections
    you summarize what an officer should do when he or she is does not recall the answer to a question asked
    you 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