Course Instructor Term Meetings

CRIM 2317 Criminal Prosecution and Court Process Rashaan DeShay, J.D. Fall 2011 MWF, 12:00 pm- 12:50pm, GR 2.530

INSTRUCTORS CONTACT INFORMATION

Office Phone Office Location Email Address Office Hours Other Information 972-883-5435 WSTC 1.6 deshay@utdallas.edu Wednesday, 1:15-2:15 pm Students are strongly encouraged to use email as the primary method of communication. Your instructor checks email several times daily and you can normally expect a response within 24 hours or sooner. Use UTD email for all correspondenceElectronic communication will not be accepted nor responded to from any other source.

GENERAL COURSE INFORMATION

Pre-Requisites, Co-requisites, & other restrictions N/A This is a topics course designed to introduce students to key literature in the field and to examine some issues in the Courts. The purpose of this course is to provide an introduction to the concepts and procedures in the United States Court System. Topics will include the connection between local, state, and federal courts; the relationship between the prosecutor, the defense attorney, and the judge; and the scientific research regarding the American Court System. 1) Students will be able to describe and identify important theoretical and methodological procedures within the American Court System. 2) Students will be able to differentiate between research components, such as: the role of discretion in decision making at all stages of the American Court System; and the growing role of the prosecutor over the past 100 years and the use of the plea bargain (and trial penalties). 3) Students will critique the issues of discretion making, the role of the victim, the measurement of studies that have examined critical issues in the court systems and will be required to discuss these measurement issues in an exam and some written format(s). 4) Students will participate in a mock jury and prepare a brief oral report of their juries' outcomes. 1) Courts and Criminal Justice in America by Siegel, Schmallager, and Worrall. Prentice Hall. ISBN # 1

Course Description

Learning Outcomes

Required Texts & Materials

Suggested Texts, Readings, & Materials

13:978-0-13-174576-6 2) THREE BLANK Scantrons for exams (Form No. 882-E ONLY) Information will be provided via eLearning regarding any extra materials that may be required during class.

CLASS SCHEDULE (TENTATIVE---SUBJECT TO CHANGE) Please note that all chapter reading assignments made in this assignment schedule refer to readings in the required textbook entitled, Courts and Criminal Justice in America by Siegel, Schmallager, and Worrall. Any additional readings will be assigned in class. The Instructor reserves the option of spending more or less time on each topic than is indicated on the course outline. To stay abreast of topics, and to enable class discussion, required readings for each topic should be completed before the class session devoted to the topic. Each student is responsible for the material in the assigned readings in addition to all materials and discussions in the classroom. Attendance and punctuality is important to your grade. Each week in the following schedule is composed of a five day period (M-F), with week one beginning on August 24. DATE Week 1 Aug. 24-26 TOPIC/ASSIGNMENT Introduction to course; syllabus review; Topic: Legal Foundations READING DUE

Syllabus; Chapter 1

Week 2 Aug. 29-Sept. 2

Topic: Legal Foundations and Who Controls the Courts?

Chapters 1 & 2

Week 3 Sept. 5-9

Topic: Federal and State Courts Chapters 3 & 4 NO CLASS MONDAY, SEPT. 5TH (LABOR DAY)

Week 4 Sept. 12-16 Week 5 Sept. 19-23

Topic: Juvenile Courts and Specialized Courts Topic: Judges

Chapters 5 & 6

Chapter 7 EXAM #1 (Chapters 1-6)

DATE Week 6 Sept. 26-30 Week 7 Oct. 3-7

TOPIC/ASSIGNMENT Topic: Prosecutors

READING DUE Chapter 8

Topic: Defense Attorneys Guest Speaker: Larry Jarrett, Former Dallas County ADA & Asst. U.S. Attorney, and current defense attorney Chapter 9

Week 8 Oct. 10-14 Week 9 Oct. 17-21 Week 10 Oct. 24-28 Week 11 Oct. 31-Nov. 4 Week 12 Nov. 7-11

Topic: Defendants and Victims

Chapter 10

Topic: Arrest and Beyond Chapter 11 EXAM #2 (Chapters 7-10) Topic: Plea Bargaining and Guilty Pleas Topic: The Jury and the Trial JUROR QUESTIONNAIRE DUE Topic: Sentencing, Appeals, and Habeas Corpus JURY DELIBERATIONS Topic: Differential Treatment and Wrongful Convictions NO CLASS FRIDAY, NOVEMBER 18TH!!! (ASC CONFERENCE) Topic: Technology, Alternatives, and the Future NO CLASS FRIDAY, NOVEMBER 25TH (THANKSGIVING HOLIDAY) Chapter 12 Chapter 13

Chapter 14

Week 13 Nov. 14-18

Chapter 15

Week 14 Nov. 21-25

Chapter 16

Week 15 Nov. 28-Dec.2 Week 16 Dec. 5

GROUP PRESENTATIONS Guest Speaker: Wrongful Convictions Last day of class---EXAM #3 (Chapters 11-16)

COURSE POLICIES Final grades will be awarded according to the following percentage scale: A+= 98-100, A= 93-97, A-= 90-92, B+= 88-89, B= 83-87, B-= 80-82, C+= 78-79, C= 73-77, C-= 70-72, D+= 68-69, D= 63-67, D-= 60-62, F= 59 and below

Grade Rounding: I DO NOT round grades beyond the first decimal point. Thus, in order to achieve an A you must have achieved a 93 in the class (a 92.5 is an A; but a 92.49 is NOT an A, but rather it is an A-). Grades are EARNED: I do not GIVE grades - students earn them. It is important that you take responsibility from the very onset of all of your classes for learning the material and doing your best on each and every assignment or exam. Review of grades: I will assign your final grade according to what you have earned in the course. If you wish to contest a grade, you must follow the outlined procedure dictated by the university. The following will be used to figure grades: EXAM #1 = 100 points EXAM #2 = 100 points EXAM #3 = 100 points Quizzes (2) = 100 points total. These are open book and note -- at the convenience of your own home or at the library. They must be done before the due date or you will have earned a zero. The due dates of each quiz will be announced in class and/or posted on eLearning. Juror Questionnaire = 50 points Group Presentation = 50 points Class Attendance/Participation = 50 points Total = 550 points Posting of Grades: Throughout the semester grades will be posted on eLearning. A student must have a compelling reason to miss an exam. Documentation of the reason (e.g., doctors note) is needed. A student who cannot make it to an exam needs to either e-mail or call and leave a voice message for the instructor before the exam is held. In case of an emergency, when prior notification is not possible, the absence must be discussed with the instructor immediately after the missed exam. There are no make-up quizzes. If any extra credit is given, it will be announced in class. Extra credit will NOT be offered on an individual basis. If extra credit is offered, the instructor will inform the class as a whole. I do not accept late work. As posted on eLearning and announced in class (as necessary). Please show respect to the instructor, guest speakers, and your fellow students by being on time! In addition, please do not disturb the class by leaving early. If for some reason, you will be late or need to leave early, please discuss the matter with the instructor in advance. Class will begin promptly at 12:00pm, and roll will be taken each day. Attendance is not required, but class attendance/participation will make up 50 points of your final grade. Simply put, and most importantly to your grade and learning, if you are not here, you will not be able to participate or prepare well for your exams and this will negatively affect your score in this course. The instructor reserves the right to also deduct class participation points for negative student behaviors that adversely affect the classroom. Students who do not sign in on the attendance sheet will be counted absent for that day-NO EXCEPTIONS. Another classmate may NOT sign in for youthis will be 4

Grading

Make-Up Exams

Extra Credit Late Work Special Assignments

Class Attendance/ Participation

considered to be an act of academic dishonesty. Please be respectful of your classmates during class discussions. I expect everyone to participate in the discussions in an appropriate manner. Maintaining a different viewpoint does not require negative behavior or disrespectful comments. Cell phones and pagers must be turned off before class, and audio equipment may not be played during class, with or without headphones. Tape, audio, and/or video recorders are not permitted during class. Students may NOT record the instructor or any guest speakers in any manner. You may NEVER sell your PowerPoint presentations, notes, or any other class materials (except the purchased required textbooks). Students may use laptops during class; however usage must be limited to class related activities so as not to disrupt other students. The rhythm of taking collegiate level course work can be very demanding. As we have a significant amount of material to cover this will be particularly true. You MUST and WILL keep up with the work. Regular effort is important on your part to keep up with the assigned reading, etc. If you expect to get information out of class, you must come to class having read the required materials for the assigned day. Students are expected to be diligent in the pursuit of their studies and regular in their class attendance. Students have the responsibility of making arrangements satisfactory to the instructor regarding absences on test days and when homework is due. Such arrangement MUST be made prior to the absence if possible. This syllabus is TENTATIVE. The scheduled readings, videos, speakers, etc. can change at any time. Changes will be posted on eLearning and announced in class. YOU are responsible for regularly checking when assignments are due. OTHER INFORMATION Field Trip Policies/Off-Campus Instruction and Course Activities Off-campus, out-of-state, and foreign instruction and activities are subject to state law and University policies and procedures regarding travel and risk-related activities. Information regarding these rules and regulations may be found at the website address http://www.utdallas.edu/BusinessAffairs/Travel_Risk_Activities.htm. Additional information is available from the office of the school dean. Below is a description of any travel and/or risk-related activity associated with this course. The University of Texas System and The University of Texas at Dallas have rules and regulations for the orderly and efficient conduct of their business. It is the responsibility of each student and each student organization to be knowledgeable about the rules and regulations which govern student conduct and activities. General information on student conduct and discipline is contained in the 5

Classroom Citizenship

UTD printed publication, A to Z Guide, which is provided to all registered students each academic year. The University of Texas at Dallas administers student discipline within the procedures of recognized and established due process. Procedures are defined and described in the Rules and Regulations, Series 50000, Board of Regents, The University of Texas System, and in Title V, Rules on Student Services and Activities of the universitys Handbook of Operating Procedures. Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations (SU 1.602, 972/883-6391) and online at http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairsHOPV.html A student at the university neither loses the rights nor escapes the responsibilities of citizenship. He or she is expected to obey federal, state, and local laws as well as the Regents Rules, university regulations, and administrative rules. Students are subject to discipline for violating the standards of conduct whether such conduct takes place on or off campus, or whether civil or criminal penalties are also imposed for such conduct. The faculty expects from its students a high level of responsibility and academic honesty. Because the value of an academic degree depends upon the absolute integrity of the work done by the student for that degree, it is imperative that a student demonstrate a high standard of individual honor in his or her scholastic work. Scholastic Dishonesty includes, but is not limited to, statements, acts or omissions related to applications for enrollment or the award of a degree, and/or the submission as ones own work or material that is not ones own. As a general rule, scholastic dishonesty involves one of the following acts: cheating, plagiarism, collusion and/or falsifying academic records. Students suspected of academic dishonesty are subject to disciplinary proceedings. Plagiarism, especially from the web, from portions of papers for other classes, and from any other source is unacceptable and will be dealt with under the universitys policy on plagiarism (see general catalog for details). This course will use the resources of turnitin.com, which searches the web for possible plagiarism and is over 90% effective. The University of Texas at Dallas recognizes the value and efficiency of communication between faculty/staff and students through electronic mail. At the same time, email raises some issues concerning security and the identity of each individual in an email exchange. The university encourages all official student email correspondence be sent only to a students U.T. Dallas email address and that faculty and staff consider email from students official only if it originates from a UTD student account. This allows the 6

Student Conduct & Discipline

Academic Integrity

Email Use

university to maintain a high degree of confidence in the identity of all individual corresponding and the security of the transmitted information. UTD furnishes each student with a free email account that is to be used in all communication with university personnel. The Department of Information Resources at U.T. Dallas provides a method for students to have their U.T. Dallas mail forwarded to other accounts. As the Universitys policy is designed to protect all students privacy, I do not discuss grades with students via e-mail (or telephone). The administration of this institution has set deadlines for withdrawal of any college-level courses. These dates and times are published in that semester's course catalog. Administration procedures must be followed. It is the student's responsibility to handle withdrawal requirements from any class. In other words, I cannot drop or withdraw any student. You must do the proper paperwork to ensure that you will not receive a final grade of "F" in a course if you choose not to attend the class once you are enrolled. Procedures for student grievances are found in Title V, Rules on Student Services and Activities, of the universitys Handbook of Operating Procedures. In attempting to resolve any student grievance regarding grades, evaluations, or other fulfillments of academic responsibility, it is the obligation of the student first to make a serious effort to resolve the matter with the instructor, supervisor, administrator, or committee with whom the grievance originates (hereafter called the respondent). Individual faculty members retain primary responsibility for assigning grades and evaluations. If the matter cannot be resolved at that level, the grievance must be submitted in writing to the respondent with a copy of the respondents School Dean. If the matter is not resolved by the written response provided by the respondent, the student may submit a written appeal to the School Dean. If the grievance is not resolved by the School Deans decision, the student may make a written appeal to the Dean of Graduate or Undergraduate Education, and the deal will appoint and convene an Academic Appeals Panel. The decision of the Academic Appeals Panel is final. The results of the academic appeals process will be distributed to all involved parties. Copies of these rules and regulations are available to students in the Office of the Dean of Students, where staff members are available to assist students in interpreting the rules and regulations. As per university policy, a grade of incomplete may be given, at the discretion of the instructor of record for a course, when a student has completed at least 70% of the required course material but cannot complete all requirements by the end of the semester. An incomplete grade must be resolved within eight (8) weeks from the first day of the subsequent long semester. If the required work to complete the course and to remove the incomplete grade is not submitted by the 7

Withdrawal from Class

Student Grievance Procedures

Incomplete Grade Policy

specified deadline, the incomplete grade is changed automatically to a grade of F by the registrars office. The instructor will no longer have any say as to whether the grade can be changed or not. The goal of Disability Services is to provide students with disabilities educational opportunities equal to those of their nondisabled peers. Disability Services is located in room 1.610 in the Student Union. Office hours are Monday and Thursday, 8:30 a.m. to 6:30 p.m.; Tuesday and Wednesday, 8:30 a.m. to 7:30 p.m.; and Friday, 8:30 a.m. to 5:30 p.m. The contact information for the Office of Disability Services is: The University of Texas at Dallas, SU 22 PO Box 830688 Richardson, Texas 75083-0688 (972) 883-2098 (voice or TTY) disabilityservice@utdallas.edu If you anticipate issues related to the format or requirements of this course, please meet with the Coordinator of Disability Services. The Coordinator is available to discuss ways to ensure your full participation in the course. If you determine that formal, disabilityrelated accommodations are necessary, it is very important that you be registered with Disability Services to notify them of your eligibility for reasonable accommodations. Disability Services can then plan how best to coordinate your accommodations. It is the students responsibility to notify his or her professors of the need for such an accommodation. Disability Services provides students with letters to present to faculty members to verify that the student has a disability and needs accommodations. Individuals requiring special accommodation should contact the professor after class or during office hours. The University of Texas at Dallas will excuse a student from class or other required activities for the travel to and observance of a religious holy day for a religion whose places of worship are exempt from property tax under Section 11.20, Tax Code, Texas Code Annotated. The student is encouraged to notify the instructor or activity sponsor as soon as possible regarding the absence, preferably in advance of the assignment. The student, so excused, will be allowed to take the exam or complete the assignment within a reasonable time after the absence: a period equal to the length of the absence, up to a maximum of one week. A student who notifies the instructor and completes any missed exam or assignment may not be penalized for the absence. A student who fails to complete the exam or assignment within the prescribed period may receive a failing grade for that exam or assignment.

Disability Services

Religious Holy Days

Technical Support

If a student or an instructor disagrees about the nature of the absence [i.e., for the purpose of observing a religious holy day] or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations [because of a religious holy day(s)], either the student or the instructor may request a ruling from the chief executive officer of the institution, or his or her designee. The chief executive officer or designee must take into account the legislative intent of TEC 51.911(M), and the student and instructor will abide by the decision of the chief executive officer or designee. If you experience any problems with your UTD account you may send an email to: assist@utdallas.edu or call the UTD Computer Helpdesk at 972-883-2911.