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UNIVERSITY OF TEXAS-DALLAS SCHOOL OF SOCIAL SCIENCES

INSTRUCTOR: KRISTINE HORN

CJS 3300 FALL 2005 CRIME AND CIVIL LIBERTIES

COURSE DESCRIPTION The primary goals of the American criminal justice system can be broadly categorized into two very distinct missions: 1) the need to enforce the law and maintain social order, and 2) the need to protect people from injustice. In a free society, the conflict that frequently arises between these two goals raises difficult questions: Do we define freedom as being free from the predations of others, or free from the oppressive force of government? To what extent are these goals compatible, or are they mutually exclusive? This course will examine the components of the criminal justice system, how constitutional rights and civil liberties affect the functioning of the system, and the extent to which these rights and liberties constrain or limit the effectiveness of the system. To this end, we will examine the genesis of rights and liberties in a historical context, and then examine the competing goals of the system using a framework of two competing theoretical models on polar ends of the spectrum. We will also examine the extent to which contemporary forces of society should and do shape the direction in which the pendulum swings on the continuum, ultimately seeking to define the construct of an ideal system of justice.

REQUIRED READING: 1. Weinreb, Lloyd. Leading cases on Criminal Justice, 2004 Edition. Published by Foundation Press. 2. WebCT Documents. Indexed to the weekly schedule in Syllabus. RECOMMENDED READING: 1. Tracy, Paul E. Who Killed Stephanie Crowe? The Anatomy of a Murder Investigation. (2003). Brown Books. Both books are available at Off Campus Books. USEFUL LINKS : a. b. c. d. e. http://www.findlaw.com/casecode/supreme.html http://usscplus.com/ http://www.oyez.com/ http://supct.law.cornell.edu/supct/ http://www.aclu.org/issues/cyber/hmcl.html

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COURSE REQUIREMENTS : 1. Regular attendance and substantial participation in class discussion and debate, 2. Successful performance on the following assignments: A. Essay Assignment One B. Essay Assignment Two C. Participation/Discussion DESCRIPTION OF REQUIREMENTS AND METHOD OF EVALUATION : ASSIGNMENT 1: Paper (6-10 pages). Graded on a 100 point scale, worth 40% of grade. A separate assignment sheet will be distributed. Due September 29, 2005. ASSIGNMENT 2: Paper (6-10 pages). Graded on a 100 point scale, worth 50% of grade. A separate assignment sheet will be distributed. Due November 10, 2005. PARTICIPATION/DISCUSSION: Graded on a 100 point scale, worth 10% of grade. During the first class period, a sign up sheet will be distributed so that each student can sign up for one class period of primary discussion. ALL students are expected to read the material for each class and be prepared to participate in a meaningful manner in class discussion. However, for the class period on which a student has signed up for primary discussion, he/she will be expected to have read the materials in depth so as to present the material to the class, and perhaps even lead a discussion on the topic. Each student will prepare five (5) discussion questions on the material to be handed in at the BEGINNING of the class. (A one to two paragraph summary to include: name, topic, date, questions). Not all students will necessarily be called upon to discuss the materials for the class period, so to receive credit it is imperative that each student turn in the summary sheet at the designated time. The primary discussion/summary sheet is worth 95 points, with the remaining 5 points to be awarded based on class participation as a whole. EXTRA CREDIT: A separate assignment sheet will be distributed for this project, worth up to 10 additional points added to your final course grade. To receive credit for this project, it must be turned in on or before December 1, 2005.

OTHER IMPORTANT INFORMATION : Instructor Availability. I do not maintain regular office hours at UTD, but can typically be found in Office GR 3.406 about an hour before class. Please call or send me an email to make sure that I will be there at the time you plan to visit. I am also happy to meet with you at other times to discuss any problems or concerns you may have. Please contact me to arrange a mutually convenient time. The best way to reach me is via email: lit8gater@comcast.net. UTD email address to be announced.

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Assignment Due Dates/ Makeup Work. All assignments are due on the dates assigned. No late assignments will be accepted. If you are unable to attend class on the day an assignment is due, it is your responsibility to send me the assignment by email (Word format only) by midnight on the due date. The exam will be made up only in the case of EXTREME circumstances (as defined by the professor, and not to include work, family or other course demands). “The Dog Ate It”. Please keep a copy of your writing assignments. Also, to sidestep easily avoided problems related to computer failures—keep a copy of your work on a floppy disk or CD and be ready to make alternative arrangements for last minute printing. Course Reading/Participation. Students are expected to read the assignments before class and make a significant effort toward meaningful participation in class discussion. Be advised that lectures and class debate will supplement the reading material. You will miss important material if you are not in class, and this is likely to have an adverse impact on your overall course grade. Moreover, the instructor reserves the right, in the case of students on the borderline between letter grades, to consider significant and meaningful class participation, effort, and attendance in determining whether to award the higher letter grade. TENATIVE COURSE CALENDER AND ASSIGNED READINGS : (Subject to modification as deemed necessary by instructor. Significant modifications will be announced in advance.) WEEK 1 AUGUST 18 Course Introduction.

WEEK 2

AUGUST 25

Origins of Constitutional Rights and Civil Liberties. READ: WebCT Documents

WEEK 3

SEPTEMBER 1

Competing Models of Justice READ: WebCT Documents

WEEK 4

SEPTEMBER 8

Fourth Amendment READ: (Weinreb) Mapp v. Ohio, U.S. v. Leon, Katz v. U.S.

WEEK 5

SEPTEMBER 15

Fourth Amendment Continued READ: (Weinreb) Illinois v. Gates, Terry v. Ohio, Chimel v. California

WEEK 6

SEPTEMBER 22

Fourth Amendment Continued READ: (Weinreb) California v. Acevedo, Knowles v. Iowa, Oliver v. U.S.

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WEEK 7

SEPTEMBER 29

Fifth Amendment READ: (Weinreb) Escobedo v. Illinois, Miranda v. Arizona ASSIGNMENT 1 DUE

WEEK 8

OCTOBER 6

Fifth Amendment Continued. READ: (Weinreb) Illinois v. Perkins, Oregon v. Elstad U.S. v. Patane

WEEK 9

OCTOBER 13

Fifth Amendment Continued. READ: (Weinreb) Missouri v. Seibert, Texas v. Cobb

WEEK 10

OCTOBER 20

Sixth Amendment READ: (Weinreb) Gideon v. Wainright, Strickland v. Washington Sixth Amendment Continued. Film: Gideon’s Trumpet. READ: TRACY

WEEK 11

OCTOBER 27

WEEK 12

NOVEMBER 3

Case Study: Contemporary Civil Liberty Issues READ: TRACY

WEEK 13

NOVEMBER 10

ASSIGNMENT 2 DUE Continue Case Study READ: TRACY

WEEK 14

NOVEMBER 17

Case Study Continued

WEEK 15

NOVEMBER 24

THANKSGIVING HOLIDAY

WEEK 16

DECEMBER 1

EXTRA CREDIT ASSIGNMENT DUE ON OR BEFORE THIS DATE

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