CRJ 237 - Criminal & Constitutional Law

1. Examine the history and general application of the Constitutional provisions and limitations on the prohibition of criminal conduct.
   1. Explain the effects pre-Constitution events had on the U.S. Constitution.
   2. Explain the federalist system and distinguish between powers granted by the Constitution to the federal government and those retained by the respective states.
   3. Identify the relevant amendments in the Bill of Rights and understand the importance of each.
   4. Understand how the Bill of Rights became applicable to the States.
   5. Describe the meaning and effect of the concept of “Due Process”.
   6. Explain how a constitutional question reaches the United States Supreme Court.
2. Understand the basic purpose of the legal system.
   1. Explain the process and development of the law.
   2. Identify the role of law enforcement, courts and corrections.
   3. Understand the structure of the court system.
3. Be familiar with the protections afforded to a citizen under the First Amendment.
   1. Identify what may be included in the concept of “speech”.
   2. Identify the legal boundaries of subject areas and circumstances which lack First Amendment protection.
4. Understand the Fourth Amendment requirements of search and seizure.
   1. Compare and contrast when, where and to whom the Fourth Amendment applies.
   2. Assess the scope of privacy protected by the Fourth Amendment.
   3. Define the scope of the warrant clause of the Fourth Amendment.
   4. Describe the exclusionary rule.
   5. Discuss ethical dilemmas that arise from poor preparation and execution of a search warrant.
   6. Explain the use of informants and their limitations when acting as government agents.
5. Understand law enforcement authority to detain and arrest and the issues therein.
   1. Compare and contrast an arrest and an investigatory detention.
   2. Explain the requirements for an arrest with and without a warrant.
   3. Explain the authority of police to enter premises with or without a warrant.
   4. Explain the rules regarding the use of force in making an arrest.
   5. Recognize the ethical responsibilities accompanying the authority to arrest.
6. Examine the law relating to interrogations and confessions.
   1. Identify limits of application of the “fruit of the poisonous tree” doctrine.
   2. Describe Miranda warning requirements and exceptions.
   3. Identify ethical issues which arise during interrogation.
7. Assess the elements of crimes and parties to crimes.
   1. Define actus reus and mens rea.
   2. Evaluate when a failure to act can be a criminal act.
   3. Compare the difference between actual and constructive possession.
   4. Compare the differences between general and specific intent crimes.
   5. Identify strict liability offenses.
   6. Recognize causation and its importance.
   7. Recognize the differences between principals and accessories.
8. Demonstrate familiarity with the major concepts of inchoate law.
   1. Compare and contrast attempt, solicitation, and conspiracy.
   2. Discuss the ethical “traps” that are inherent in enforcing inchoate crimes.
9. Assess the general elements of the various homicide offenses.
   1. Define murder: first-degree, second-degree, and felony.
   2. Define manslaughter: voluntary and involuntary.
   3. Define vehicular homicide.
   4. Assess the prosecutorial burdens in homicide cases.
10. Assess the elements of the various offenses against persons.
    1. Compare and contrast assaultive offenses.
    2. Describe the development of laws regarding sexual offenses.
    3. Compare and contrast abusive offenses.
    4. Compare and contrast false imprisonment and kidnapping.
    5. Define hate crimes.
    6. Identify vice crimes.
    7. Discuss the issues of freedom of choice and beliefs compared to ethical issues imposed by law.
11. Assess the elements of the various property crimes.
    1. Distinguish between common law and modern day approaches to theft offenses.
    2. Compare and contrast robbery and burglary.
    3. Define carjacking.
    4. Define extortion.
    5. Compare and contrast forgery, worthless checks, and fraud.
    6. Define arson.
12. Evaluate the different criminal defenses and responsibilities.
    1. Distinguish between negative and affirmative criminal defenses.
    2. Define lack of capacity defenses.
    3. Define excuse and justification defenses.
    4. Compare use of force defenses: self, others, and property.
    5. Identify defenses based upon constitutional and statutory limitations and governmental misconduct.
    6. Recognize nontraditional defenses.
13. Analyze the Sixth Amendment.
    1. Distinguish between the provisions of State and Federal Constitutions.
    2. Explain “invoking the right to counsel” and the effects of denying counsel rights.
    3. Identify the circumstances in which the right to counsel is guaranteed and when the government must provide counsel.
14. Review the criminal trial process.
    1. Understand the differences between a grand jury and a petit jury.
    2. Recognize constitutional rights pertaining to the criminal trial.
    3. Understand the Voir Dire process of selecting a jury.
    4. Understand the various roles of the courtroom participants.
    5. Recognize the importance of the rules of evidence.
    6. Summarize the criminal trial process, to include the various stages.
    7. Understand the concept of double jeopardy.
15. Review sentencing and punishment procedures, options and limitations.
    1. Describe contemporary forms of criminal punishment.
    2. Recognize the death penalty and its controversy.
    3. Recognize the sentencing stage of the criminal process.
    4. Identify the ethical issues and constitutional limitations involved in setting, imposing and implementing criminal punishments