COURSE SYLLABUSSPRING SEMESTER 2013

Course and Prefix Number: CJC 231Course Title: Constitutional LawClass: 3 Lab: 0Shop Clinical/Internship: 0 Semester Credit Hours: 3

INSTRUCTOR(S): Mr. Norlan GravesOFFICE NUMBER(S): N/AOFFICE HOURS: N/AOFFICE PHONE: N/AE-MAIL ADDRESS: ngraves631@@halifaxcc.net (delivered directly to cell phone)INCLEMENT WEATHER: (252) 536-6351ACADEMIC & STUDENT SERVICES INFO: http://www.halifaxcc.edu (Link=Catalog)CLASS MEETING DAYS & TIMES: Monday and Wednesday at 7:30 pm

COURSE DESCRIPTION: This course covers the impact of the Constitution of the United States and its amendments on the criminal justice system. Topics include the structure of the Constitution and its amendments, court decisions pertinent to contemporary criminal justice issues, and other related legal topics. Upon completion, students should be able to identify/discuss the basic structure of the United States Constitution and the rights/procedures as interpreted by the courts.

From the very beginning, the colonists sought structure and collaboration. Law is a body of rules promulgated (established) to support the norms of that society, enforced through legal means, that is, punishment. The U.S. Constitution was written to serve the needs of a pluralistic society. Pluralism refers to a society in which numerous distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the society as a whole.

The history of the Constitution is rooted in the colonists’ desire for freedom from foreign rule. The colonists resisted increased taxes because they felt it was taxation without representation. The Boston Tea Party, in which colonists boarded British ships and threw their cargos of tea in the harbor, represented the colonists’ unwillingness to pay taxes without representation.

As tension between the British and the colonists increased, the First Continental Congress was called and resulted in the first written agreement among the colonies to stand together in resistance to Great Britain. The British retaliated by sending more troops to quell the “rebels.” In 1775, the Second Continental Congress established the Continental Army and named George Washington as its commander. On July 4, 1776, the president of the Congress signed the American Declaration of Independence, which formally severed ties with Great Britain.

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The Congress also drafted the Articles of Confederation, which formally pledged the states to “a firm league of friendship,” and “a perpetual union” created for “their common defense, the security of their liberties” and their “mutual and general welfare.” This loose governmental structure proved unsatisfactory and resulted in the colonists seeking a stronger central government—one established by the Constitution.

The U.S. Constitution was greatly influenced by the Magna Carta, which established the supremacy of the law over the ruler and guaranteed English feudal barons individual rights and “due process of law,” including trial by jury. Americans continued to believe in the principles contained in the Magna Carta, which was a precedent for democratic government and individual rights and the foundation for requiring rulers to uphold the law. The Magna Carta greatly influenced the writers of the U.S. Constitution.

The purpose of the Constitution was to establish a central government authorized to deal directly with individuals rather than states and to incorporate a system of checks and balances that would preserve the fundamental concepts contained in the Magna Carta, that is, to limit the power of the government. The first three articles of the Constitution establish the legislative, executive and judicial branches of government and the country’s system of checks and balances. The balance of power was established vertically through the separation of power between the federal government and the states and laterally through the three branches of government with its system of checks and balances. In the supremacy clause, the Constitution declared itself the supreme law of the land.

The U.S. Constitution was signed in Philadelphia on September 17, 1787. The next step was for the individual states to ratify it. The Federalists favored a strong central government. They were greatly challenged by the Anti-Federalists, who favored a weaker central government. Some states opposed the Constitution because it did not contain a bill of rights. In an important compromise, 10 amendments, known as the Bill of Rights, were added to the Constitution in 1791 to ensure the individual rights of American citizens. The Constitution and Bill of Rights had one serious shortcoming: They failed to abolish slavery. The Declaration of Independence, the U.S. Constitution and the Bill of Rights are housed in the Rotunda for the Charters of Freedom at the National Archives in Washington, DC.

PREREQUISITES: ENG 095, ENG 095ACOREQUISITES: None

HCC POLICY NOTE:Students must notify the instructor and withdraw from the class if they do not have credit for the prerequisite course(s) listed above or if they are no longer enrolled in the corequisite class.

FINANCIAL AID:Students who have previously received credit for this course will not be eligible for Pell financial assistance for the course. Students who take a course not in their major may receive Pell financial assistance for the course. However, taking courses outside the major will eventually penalize the student when the 150% rule is applied, e.g., if taking courses not in the major causes a student to exceed one-and-one-half (150%) of the time allotted to go through the program. The student then becomes ineligible for Pell. Students should meet with their advisors to discuss any concerns they have regarding their schedules.

TEXTBOOK(S), MATERIALS:Author: Kanowvitz, Jacqueline R., & Kanovitz, Michael I.Text:Constitutional Law Edition: .12th.Copyright Date: 2010

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ISBN: 1-59345-968-8

Recommended:

Web resources: http://nccriminallaw.sog.unc.edu/http://reason.com/http://www.wired.com/http://www.volokh.com/

1-800-423-0563 (Online resources for text)

Optional :http://info.wadsworth.com/gardner

Case Citation Guide, p.xiiiSample Case Citations, p.xv

CAMPUS RESOURCES:NOTE: Links to instructional services can be found at http://www.halifaxcc.edu.(Links=HCC Programs & Organizations, Student Resources, and Learning Resources Center)

Library (LRC): 200 Building 8:00 a.m. – 9:30 p.m. (Monday – Thursday)

8:00 a.m. – 4:00 p.m. (Friday)Provides access to various electronic data services

Electronic Resources Center (ERC):Library (200) Building8:00 a.m. – 9:30 p.m. (Monday – Thursday)8:00 a.m. -- 4:00 p.m. (Friday)Offers computer access to students and community patrons

Learning Assistance Center (LAC): 200 Building8:00 a.m. – 9:00 p.m. (Monday – Thursday)8:00 a.m. – 4 p.m. (Friday)Offers computer-related instruction, testing, printing services to students

Student Support Center/TRIO (for qualifying students):300 Building and Library Building8:00 a.m. – 5:00 p.m. (Monday – Friday)Offers tutoring in basic academic skills

Distance Learning: Halifax Community College websitehttp://www.halifaxcc.edu/online/Beth Gray-Robertson, Director of Distance Learningrobertsonb@halifaxcc.edu

ACCREDITATION & ASSESSMENT:Halifax Community College is accredited by the Southern Association of Colleges and Schools (SACS). Accreditation is a type of quality assurance and is a sign that the college is regularly evaluated by an outside agency that examines everything from financial management to safety to instruction. Because of increasing demands that all accredited colleges be accountable to taxpayers and students, colleges must conduct ongoing assessment of student learning outcomes. Assessment is a way of taking a look at educational programs to see whether

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learning is truly occurring and ensuring that improvements are continually being made. The various activities and assignments that you complete in your classes will provide data to monitor the effectiveness of the program and whether it is meeting your needs. Your instructor will explain more as the class progresses.

COURSE PURPOSE: The faculty members of Halifax Community College support the College’s mission statement by providing quality education and by promoting the development of students by preparing them for employment.

MISSION STATEMENT:Halifax Community College is a public, two-year, educational institution with an open-door admissions policy. The purpose of the college is to improve the quality of life and the educational/economic base of the service area. The college prepares individuals of suitable age for the workforce through vocational, technical, college transfer, and continuing education learning opportunities.

The college strives to meet the needs of the student population, business community, area industries, and public agencies by providing low-cost, geographically-accessible education at convenient times.

PROGRAM LEARNING OBJECTIVES:Students will name the components of the American criminal justice system and define the associative roles of each individual subgroup as well as recognizing the intra-relationship of each as it relates to the others. (Knowledge)

Students will appreciate the influence of a variety of social, economic, personal, and demographic factors of crime rate trends and its impact upon all subgroups of the criminal justice system.(Attitudinal)

Students will effectively apply apply biological, psychological, and sociological theories of crime to field decisions. (Behavioral)

Students will assess the projected future of the American criminal justice system (i.e. emerging criminalistic technology, cybercrime, terrorism and homeland defense) and its comparative impact on individual rights as guaranteed by the First, Second, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments. (Evaluation)

STUDENT LEARNING OBJECTIVES:At the completion of this course, the student will be able to:

1. Identify the legal principles governing the freedom of speech.2. Discuss the legal authority to detain and arrest: use of force.3. Assess the sources of search and seizure.

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4. Characterize the Fourth Amendment protection of communication relative to eavesdropping.

5. Provide the elements of the Fourth Amendment Exclusionary Rule.6. Compare self-incrimination to Fifth Amendment standards.7. Paraphrase an overview of the Sixth Amendment Right to Counsel.8. Classify those amendments relative to trial and punishment.9. Relate the criminal responsibility for unconstitutional conduct.10. Illustrate procedural due process in police disciplinary actions.

COURSE EVALUATION:

[Students will be responsible for all materials covered in Class and the Text. There will be 2 tests, 2 papers and one presentation given during the semester, for a total of 600 points.

Class Participation: Students are expected to participate daily in class. Students can earn up to 50 participation points during the semester.

Grades will be calculated based on the total number of points received out of the possible 650. Students must receive 70% or better of the total points to receive a passing grade.

Paper 1 = 100 pts.

Test 1 = 100 pts.

Paper 2 = 100 pts.

Test 2 = 100 pts.

Presentation = 200 pts.

Total = 600 pts.

ATTENDANCE/TARDINESS:A student who discontinues attending class without communicating with the instructor will be dropped from the class after two consecutive weeks.

Attendance:

Instructors keep a daily record of attendance. In order to achieve the maximum benefit of this class, it is expected that you attend all classes. Per HCC’s Attendance Policy 506.00 attendance will be verified for government reports two times per semester at the 10% mark and the 60% mark. If you do not attend class for a substantial amount of time, you may be subject to an adverse effect on your enrollment status in the class, your financial aid and/or your grade. It is your responsibility to inform the instructor of any anticipated absences. If you decide that you cannot complete this course, it is recommended that you comply with the steps for withdrawal outlined below. A student who discontinues attending class without communicating with the instructor will be withdrawn from the class by the instructor.

ACADEMIC INTEGRITY:LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

Grade Areas:

A: 100 - 93

B: 92 - 85

C: 84 - 77

D: 76 - 70

F: Below 69

Plagiarism and cheating will not be tolerated. Halifax Community College is responsible as an accredited institution for guaranteeing academic integrity. Cheating and plagiarism destroy academic integrity.

Cheating is the intent to deceive the instructor in his or her effort to evaluate fairly an academic assignment. Cheating includes copying another student’s homework, class work, or project (partly or entirely) and submitting it as his or her own; giving, receiving, offering, and/or soliciting information on a quiz, test, or exam; or plagiarism.

Plagiarism is the copying of any published work such as books, magazines, audiovisual programs, electronic media, and films or copying the essay or any written work of another student. Plagiarism occurs when a student uses direct quotations without proper credit and proper punctuation and when a student uses the ideas of another without giving proper credit. Whenever phrasing is borrowed, even if only two to three words, the borrowing should be recognized by the use of quotation marks and by frequent mention of the author’s name. Whenever a thought process or line of reasoning is borrowed—even if the author’s exact words are not being used—the student must give credit to the source of the thinking.

STUDENT RESPONSIBILITIES: WITHDRAWING FROM THE CLASS: Will be as outlined in the HCC catalogue.

ID BADGESStudents must wear their ID badges on campus.

TELEPHONE USE: Students receiving emergency phone messages will be notified by security through the college’s main switchboard.

Drugs, Alcohol, and FirearmsAll state and federal laws apply on the HCC campus regarding the use, possession, sale, etc., of drugs, alcohol, or firearms. If a student disrupts the educational process and is thought to be under the influence of drugs or alcohol, campus Security will be notified. If the student is found to be experiencing a medical problem, assistance will be obtained.

Cyber ConductUse of HCC computers in classrooms or computer labs (with the exception of the ERC) is limited to use of software and Internet sites determined by the instructor to be appropriate. Accessing any website or using any software not authorized by the instructor is prohibited and will result in dismissal, referral to the Dean of Student Services, or both.

Cell Phones, etc.: Will not be allowed to be turned on in or during class.

Food and Drink: Will not be allowed in classrooms.

ChildrenChildren are not allowed in classrooms while classes are in session. Please see the HCC Catalog for details.

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Proper Behavior (Please refer to page 84 of the HCC Catalog.)Since entrance into an institution of higher learning is completely voluntary, it is inherent that, upon entrance into the institution, those students take upon themselves certain responsibilities and obligations. These student responsibilities include academic performance and social behavior consistent with the lawful purpose of the College. The standards of behavior and performance may be higher than is required by law of the general public. It is understood that these student responsibilities will be in accordance with fair play. Therefore, upon voluntary entrance to Halifax Community College, students have an obligation to adhere to College standards. For example, physical abuse, verbal abuse, or intimidation of any person on the premises of the College or at any function sponsored or supervised by the College are subject to disciplinary action.

Disciplinary RemovalUpon violating either of the two policies quoted below from the Halifax Community College student code in the Administrative Regulations & Procedures manual, Section 510.00, a student may be asked to leave the classroom for a specified period of time, may be penalized in terms of grading, may be referred to the Dean of Student Services, and/or may be dropped from the roll permanently.

Student ConductSince entrance into an institution of higher learning is completely voluntary, it is inherent that upon entrance to the institution, students take upon themselves certain responsibilities and obligations. These responsibilities include academic performance and social behavior consistent with the lawful purpose of the College. The standards of behavior and performance may be higher than is required by law of the general public. Therefore, upon voluntary entrance into Halifax Community College, students have an obligation to adhere to the College standards.The following are examples of misconduct which are subject to disciplinary action. The list does not include all examples of misconduct subject to disciplinary action.

All forms of dishonesty including cheating [and] plagiarism. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or

other activities of the College. Failure to comply with the directions of college officials when they are acting in the performance

of their assigned duties.

Appeal ProcessStudent/instructor disagreements on academic matters are referred to the Dean of Curriculum Programs. In cases involving dismissal, suspension, or discrimination, students are referred to the Dean of Student Services. Please see the college catalog for further information.

Students with DisabilitiesIf a student cannot take tests within the time allowed, cannot type, cannot otherwise use the computer, cannot access the classroom when the elevator is being serviced or is out of order, has visual impairment, or has other disabilities, every reasonable effort will be made to enable students to succeed in their studies. One thing that is absolutely required is that the student provides Student Services or the ADA Counselor with a doctor’s note describing the conditions that may get in the way of meeting academic requirements. Then, reasonable accommodations will be made. The written documentation is required by federal law and is not a rule made up by Halifax Community College. Please note that the documentation will be treated as confidential except when instructors need to be

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made aware that they need to make arrangements. Please contact Sherida Gholston, Student Support Services, Room 319, gholstons@halifaxcc.edu.

CAMPUS SAFETY & SECURITYSafety drills will be conducted periodically for evacuating the building in case of fire, for moving to a safe area in case of severe weather, and for sheltering in place in case of violence. An announcement will be made using the speakers in hallways and classrooms. Please follow instructions carefully. You will be required to view a training video online and to take a short quiz to be sure you fully understand your responsibilities during an emergency on campus. All students who come to campus for any reason, including online students, will be required to view the video and take the quiz.

STUDENT ASSISTANCE:Students requiring assistance other than regular classroom instruction, participation, and supervision should make the request of the instructor. Additional attention is available during posted office hours and at other times during mutual agreement. Tutoring is available through Student Support Services. The LRC and library facilities are available at posted hours.

COURSE TOPICS:1. History, structure and content of the United States Constitution.2. Freedom of speech.3. Authority to detain and arrest – use of force.4. Search and seizure.5. Interception of communications.6. Interrogations and confessions.7. Compulsory self-incrimination.8. Right to counsel.9. Trial and punishment.10. Federal criminal and civil remedies.11. Constitutional and civil rights in the government workplace.

COURSE SCHEDULE:

COURSE CALENDAR AND ASSIGNMENTS

DATE: ASSIGNMENT: UNIT OF INSTRUCTION:

JAN/8-13 Chapter I History, Structure and Content of the US Constitution

JAN/15-20 Chapter II Freedom of Speech

JAN/27 Paper #1 due Authority to Detain & Arrest; Use of Force

FEB/12-14-19-21-26 Chapter III Authority to Detain & Arrest; Use of Force

FEB/28 MAR 5 Chapter IV Search & Seizure

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FEB/28 Chapter V Eavesdropping & Interception of Communication

MAR/5 Midterm

Mar/10-12-17 Chapter VI Interrogations and Confessions

MAR/20-22-27-29 Paper #2 Interrogations and Confessions

MAR/31- APR/2-7 Chapter VII Compulsory Self-Incrimination

MAR/26-31 Chapter VIII Right to Counsel

APR/2 Presentation

APR/4-9-11 Chapter IX Trial and Punishment

APR/14 Paper #2 dueAPR/16-21-23-28-30 Constitutional & Civil Rights in the Government Workplace

APR/30 Final Exam

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