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UNIVERSITY OF TEXAS-DALLAS SCHOOL OF SOCIAL SCIENCES

INSTRUCTOR: KRISTINE HORN

CJS 3300 SPRING 2006 CRIME AND CIVIL LIBERTIES

http://home.comcast.net/~lit8gater/index.html 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. Web Site Documents. http://home.comcast.net/~lit8gater/index.html 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.

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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

COURSE REQUIREMENTS: 1. Regular attendance and substantial participation in class discussion and debate- 5% 2. Successful performance on the following assignments: A. Essay Assignment One- 20 % B. Essay Assignment Two- 30% C. Debate- 20% D. Case Briefs- 10% E. Readings/Notes Quizzes- 15% DESCRIPTION OF REQUIREMENTS AND METHOD OF EVALUATION: ASSIGNMENT 1: Paper. Graded on a 100 point scale, worth 20% of grade. A separate assignment sheet will be posted on the web site. Due February 20, 2006. ASSIGNMENT 2: Paper. Graded on a 100 point scale, worth 30% of grade. A separate assignment sheet will be posted on the web site. Due April 17, 2006. DEBATE/PERSUASIVE PRESENTATION: A collaborative group effort with an individual grade, worth 20% of course grade. A separate assignment sheet will be posted on the web site. April 3, 2006. CASE BRIEFS: 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 briefing/ 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 briefing/ discussion, he/she will be expected to have read the materials in depth and to discuss the cases assigned for that class period. A short case brief for each of the assigned cases should be handed in at the BEGINNING of class. (Save a copy for yourself. Typed summaries are strongly encouraged.) I will not necessarily call on each student who signed up for the day, so it is imperative that you hand in the case summaries/briefs. QUIZZES: Graded on a 100 point scale, collectively worth 15% of the course grade. There will be at least four short, scheduled, quizzes over the reading material and notes. (See attached course calendar for dates). I anticipate that the quizzes will be open book/notes, but reserve the right to change this

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policy if I get the sense that a large majority of the class is not reading the material. THERE WILL BE NO MAKEUP QUIZZES UNDER ANY CIRCUMSTANCES. Students who miss a quiz may elect to do the extra credit assignment. PARTICIPATION: 5% of the course grade will be based on meaningful participation and effort in the class. EXTRA CREDIT: A separate assignment sheet will be posted on the web site. The assignment is worth up to 5 additional points added to your overall course grade. To receive credit for this project, it must be turned in on or before April 24, 2006.

OTHER IMPORTANT INFORMATION: Instructor Availability. I do not maintain regular office hours at UTD, but can typically be found in the classroom about a half an hour before class. I am also available after class, and I am 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. Or Kristine.horn@utdallas.edu.

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 or Wordperfect format only) by midnight on the due date. “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. Academic Dishonesty. The UTD academic dishonesty policy is incorporated herein by reference. You are responsible for knowledge of and adherence to the policy. Cheating will not be tolerated, and will be addressed according to University rules and regulations. Your signature on your work is the equivalent of an oath that the work is your own.

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TENATIVE COURSE CALENDER AND ASSIGNED READINGS: (Subject to modification as deemed necessary by instructor. Significant modifications will be announced in advance and posted on the web site). WEEK 1 JANUARY 9 Course Introduction. Assignment: Access Web Site, review, Bookmark site, review/print assignments.

WEEK 2

JANUARY 16

MLK DAY. NO CLASS.

WEEK 3

JANUARY 23

Competing Models of Justice--Packer READ: Packer Documents posted on web site.

WEEK 4

JANUARY 30

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

WEEK 5

FEBRUARY 6

Fourth Amendment Continued READ: (Weinreb) Illinois v. Gates, Terry v. Ohio, Chimel v. California. Fourth Amendment Continued--QUIZ READ: (Weinreb) California v. Acevedo, Knowles v. Iowa, Oliver v. U.S. Fifth Amendment READ: (Weinreb) Escobedo v. Illinois, Miranda v. Arizona Illinois v. Perkins ASSIGNMENT 1 DUE Fifth Amendment Continued. READ: (Weinreb) Oregon v. Elstad, Winston v. Lee, Colorado v. Connelly

WEEK 6

FEBRUARY 13

WEEK 7

FEBRUARY 20

WEEK 8

FEBRUARY 27

WEEK 9

MARCH 6

SPRING BREAK ~ Have fun, be safe.

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WEEK 10

MARCH 13

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

WEEK 11

MARCH 20

Sixth Amendment READ: (Weinreb) Gideon v. Wainright, Strickland v. Washington, Nix v. Whiteside, Faretta v. California Sixth Amendment Continued. Film: Gideon’s Trumpet. QUIZ

WEEK 12

MARCH 27

WEEK 13

APRIL 3

DEBATE/PERSUASIVE PRESENTATIONS

WEEK 14

APRIL 10

Contemporary Civil Liberties Issues QUIZ Reading to be announced and posted on web site

WEEK 15

APRIL 17

Contemporary Civil Liberties Issues Continued ASSIGNMENT 2 DUE

WEEK 16

APRIL 24

Case Study: Tracy EXTRA CREDIT DUE ON OR BEFORE THIS DATE

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