AL 312 PROCEDURAL CRIMINAL LAW

STUDENT MODULE

Concordia University Wisconsin

Adult Education

Prepared by
Raymond M. Meyer, B.S., J.D.
June 14, 2012

Concordia University Wisconsin is a Lutheran higher education community committed to

helping students develop in mind, body, and spirit for service to Christ in the church and in
the world.
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AL312 Procedural Criminal Law exposes the student to various issues of criminal law.
Procedural criminal law will explore two general areas of study. One area being the study of the
criminal justice processing system itself and the other area the study of procedural contacts with
citizens by government agents. 3 credit hours.
This course is required in the Management of Criminal Justice major. It is helpful for students to
have taken AL310 Constitutional Law prior to this course.
CUW Disability Policy
In accordance with the Americans and Disabilities Act (ADA) and Section 504 of the Vocational
Rehabilitation Act of 1973, individuals with disabilities are protected from discrimination and
assured services and accommodations that provide equal access to the activities and programs of
the university. Students with a documented disability who require accommodation in order to
obtain equal access to this course should inform the instructor, and must also contact Disability
Support Services at (262) 243-2623 or https://www.cuw.edu/Departments/lrc/dss.html
CUW Academic Integrity Policy
CUW expects all students to display honest, ethical behavior at all times and under all
circumstances. Academic dishonesty is defined as follows:
1. Cheating: includes, but is not limited to: a) the use of unauthorized assistance in taking
any type of test or completing any type of classroom assignment; b) assisting another
student in cheating on a test or class assignment, including impersonation of another
student.
2. Plagiarism: includes, but is not limited to: a) failure to give full and clear
acknowledgement of the source of any idea that is not your own; b) handing in the
same assignment for two different courses without the consent of the instructors.
3. Fabrication: the forgery, alteration, or misuse of any University academic document,
record, or instrument of identification.
4. Academic Misconduct: intentionally or recklessly interfering with teaching, research,
and/or other academic functions.
For more information on academic honesty, please see:
https://www.cuw.edu/Departments/residencelife/assets/studentconductcode.pdf

Program Policies
Registration Deadline
Students must to be registered and ready to begin the course at a minimum seven calendar
days before the first face to face classroom session.
Course Format
The accelerated course format for all adult education courses is one four-hour face-to-face class
meeting one night per week for six weeks (24 hours total), usually from 6:00pm to 10:00pm,
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though courses may also be scheduled during the day or on Saturday. Students also participate in
online discussion for an additional two hours per week prior to each of the six class meetings
(12 hours total). These two elements, face-to-face meetings and online discussions, comprise the
36 hours of instructor-student contact for each course. In addition, students are also expected to
spend an additional 16-18 hours prior to each of the six class meetings (96-108 hours total)
working independently on homework assignments. The total number of hours of instructorstudent contact and independent work hours totals 132- 144 hours for this three-credit course,
though some students may take more time to complete their independent work.
Online Work
The course begins seven days prior to the first classroom session, and includes a minimum of
two hours of online work prior to each session. The online work related to each session is to be
completed prior to the face to face classroom session. Students should not delay in reading the
discussion questions in the learning management system, so they can formulate a post in
response to the question several days prior to the first face-to-face session. Each student will
then develop a reply to two other students initial posts.
Learning Management System
All online work must be submitted through the Learning Management System.
Adult Education Written Assignment Format
All papers are to be prepared in a word processing program according to the Adult Education
Written Assignment Format.
Grading Scale
93-100= A
90-92= A88/89= B+
83-87= B
80-82= B78/79= C+
73-77= C
70-72= C68/69= D+
63-67= D
60-62= D59 and below= F

School of Business Administration Honor Pledge Policy

Students taking adult accelerated courses in accounting, business management, management of
criminal justice, human resource management, and health care management courses are asked
to inscribe the Honor Pledge found below at the end of each assignment submitted, using
handwriting when possible. This pledge reminds students of their commitment to academic
integrity in all work at Concordia University Wisconsin.
Honor Pledge:

"As I develop in mind, body, and spirit, I pledge on my honor that I have not
given, received, witnessed, nor have knowledge of unauthorized aid on this or any
[assignment, quiz, paper, test]."

Adult Education Written Assignment Format

All written assignments and papers should be word-processed following this format:
Formatting Information for All Adult Education Papers
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Every paper should begin with a title page. The title page should include the title
of the paper, the students name, the course name, the instructors name, the center name
(could be E-Learning) and the date submitted. Center and double space all items,
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Use a 12 point Times New Roman or Arial font.
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Margins should be 1 from the edge of the paper on all sides.
4
Indent the first line of each paragraph inch from the margin.
5
Indent the entire quote for long quotations (more than 4 lines) inch from the
margin.
6
Double-space the entire paper, including the Works Cited/References page.
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Sub-divide lengthy papers and reports with headings and subheadings.
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For all pages except the title page, insert the page number in the upper right
corner of the page. Use just the numeral by itself. Do not use the word page or the
letter p in front of the page number. The title page does not require a page number.
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Only the citations (in-text and Works Cited/References page) must follow a
specific style (MLA, APA, and CMS) otherwise, follow the general style described in
these assignment format instructions.
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The case name in all legal citations must be either in italics or underlined, and
all legal citations must follow the standards cited in Introduction to Basic Legal
Citation (online ed. 2011) by Peter W. Martin, http://www.law.cornell.edu/citation.
Documentation/Citation
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Use MLA, APA, or CMS reference citation format, at your instructors discretion.
2
Students should cite sources and give credit to others for all direct quotes and
paraphrased material.
3
Failure to give credit is plagiarism and is a violation of university policy.
4
Sources, whether quoted or paraphrased, must be cited in the body of the text
and listed on the reference page. All sources used in the paper should be on the
reference page, and there should be no listings on that page that are not cited in the text.
5
If quoting word-for-word, use quotation marks and cite the source with the page
number in parenthesis at the end of the quote (in APA style, you also add the year of
publication).
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For quotes longer than four lines, put them in a separate paragraph and omit
quotation marks.
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Refer to your Wadsworth Handbook for supporting information on how to cite
sources in MLA, APA, or CMS styles. The Purdue Online Writing Law (OWL) is also a
good source of citation information online.
Rev. June 8, 2012

University-wide Student Learning Outcomes

With a spirit of Christian commitment, the School of Business and Legal Studies, supported by a
broad liberal arts foundation, prepares students to enter challenging and rewarding professions.
The program promotes intellectual development, broad understanding of professional processes
on a domestic and global basis, acquisition of specialized technical skills and knowledge, and
decision making based on professional ethical values.
In support of Concordia's mission, this course fulfills the University-wide Student Learning
Outcomes as follows:
Concordia University Wisconsin students will apply a biblical understanding of the world that
includes truth, vocation, ethical principles, and servant leadership as they address:
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Liberal Arts
This course address the outcome related to Liberal Arts through requirements for
effective communication, critical thinking and analytical reasoning and taking selfassessments to aid in self-reflection.

Disciplinary Thinking
This course challenges the student to recognize that in a constitutional democracy, two
values make life in a free society worth living. First, there is community security, which
focuses on making people in a community safe. This is balanced against the value of
individual autonomy, where a person alone controls his or her life. This course addresses
outcomes related to Disciplinary Thinking through student learning about the balance
between crime control and individual rights, where at times, individual liberty may be
sacrificed for increased order, while at other times the opposite may happen.

Global Citizenship
Students develop knowledge in Global Citizenship through an understanding of the
criminal justice system in the United States and how crime control in a constitutional
democracy depends on a balance between ends and means. Students will learn that many
other countries attempt to model their criminal code with that found in the United States.
Students will learn why the rules that protect people against government abuses of power
also can interfere with the search for truth in individual cases, which can reduce the
security of all people.
Criminal Justice Major Student Learning Outcomes
Each student needs to have a general academic grounding of government and an
appreciation of its powers and limitations. In addition to that knowledge is the equally
important understanding of administrative policies and procedures that drive
constitutional philosophies into governmental processes. This course will explore one of
the most controversial procedures that government assigns itself in the procedure
involved in processing individuals who come in contact with the criminal justice system.
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That procedure is called criminal procedure, and it is called that because it involves legal
issues turning on how government agencies handle criminals or accused criminals as they
proceed through the criminal justice system. As a result:
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Students will demonstrate knowledge of public sector management techniques

within the criminal justice system, especially within the federal and state court systems;

Students will demonstrate knowledge of the dynamics and development of

constitutional, criminal, and administrative law, as it pertains to the procedures involved
in dealing with the criminal justice system at all levels of government: federal, state and
municipal.

Students will recognize the value and importance of ethics and how ethics applies to
criminal justice professionals, especially when appearing before judges and dealing with
individual rights.

Students will describe the role and functions of law enforcement, and the courts
in a modern democratic society.

Course Resources
The text for this course is:
Samaha, Joel. Criminal Procedure. Belmont, CA: Thomson/Wadsworth.

Overall Course Learning Objectives

1. Concepts, principles, and understandings: As
a result of this course, students will:

1. Understand, from both a historical and contemporary perspective, the criminal process
within the United States judicial system;
2. Understand the basic concepts of procedure necessary to effect a legal prosecution of a
crime;
3. Understand the fundamental principles that serve as a foundation of procedural
criminal law;
4. Understand that limitations and expansions of "state" power, via the procedure of the
prosecution process, are constantly in a state of change. Understand that change is
primarily a result of politically based interpretations of the Constitution, specifically
the Bill of Rights, by sitting United States Supreme Court Justices;
5. Understand the distinction between substantive criminal law and procedural criminal
law.
2. Attitudes, interests, and appreciations:
The student also:
1. Appreciate why the procedures involved in criminal prosecutions are subject to rather
constant and evolving change;
2. Appreciate that rules governing day-to-day techniques involved in legally
investigating and prosecuting a violation of the law emanate from law written by
Supreme Court justices, through their legal opinions. Many of these decisions have
a direct bearing on much of the statutory law that governs practices of prosecution
and enforcement of that law;
3. Develop an attitude that life-long learning, especially in one's professional field, is not
only commendable but also necessary;
4. Maintain an attitude that to be successful in investigating or prosecuting a violation of
the law, one must stay as current in the development of law as the defense;
5. Develop an attitude that violations of the law are adjudicated in an adversary system
of justice. Therefore, regardless of one's position in that system, be it police officer,
district attorney, probation officer, and so forth, each must have an equivalent
"working knowledge" of procedural techniques and laws as do their adversaries for the
defense.
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C. Habits, conduct, and skills:

Furthermore, students will:
1. Learn to pursue scholarly objectives in the prescribed manner of an adult learner;
2. Continue to grow as a participative member in the learning process;
3. Continue to develop the skill necessary to focus on a legal issue found in a court case;
4. Learn to justify legal principles from conflicting perspectives by logically arguing
points of law from both the "majority" and "minority" positions of the Court.
5. Continue to discipline one's self to independent study and presentation of materials in
a professional and scholarly manner.

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Course Evaluation Procedures

Discussion and Participation
Weekly Quiz (Sessions I-VI @ 10% each)
Research Paper Topic (Session II)
Research Paper (VI)
Research Paper Presentation (VI)

10%
60%
0%
20%
10%
100% total

Essay Evaluations
At the end of each session, you will have a quiz covering the learning objectives for that
session. Each quiz is worth 10% or a total of 60% for the six sessions.
Research Paper and Presentation
The Research Paper will follow the Adult Education Written Assignment Format.
Assignments for each session are due in the drop box for that session prior to the start of the
session.
The research paper will be developed throughout the six-week course, and should address one of
the issues discussed in the module. The topic should be approved by the instructor by Session II.
Although the paper is to be informational, it should also communicate a quantum of analysis
regarding that information. That analysis will be developed as part of the learning process as the
sessions progress. Therefore, it may be wise to scratch out a rough copy of the paper with all the
information in place earlier during the duration of the module and then plug in the analysis of the
information as the module develops. On the final night of the class, you will give an oral
presentation of 5-7 minutes on your paper, using appropriate visual aids. This paper should be 7 10 typewritten content pages, double-spaced. Include a title page and a references page, which
are not included in the page count. Cite all sources and use a minimum of three appropriate
academic resources other than the text.

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SESSION I CRIME CONTROL IN A CONSTITUTIONAL DEMOCRACY; CRIMINAL

PROCEDURE AND THE CONSTITUTION
Students are introduced to a roadmap through the criminal process in our U.S. version of
constitutional democracy. Students will also learn the basic constitutional principles that govern
the whole of the criminal process, mainly due process and equal protection of the law. An
understanding of these principles is a necessary prerequisite to understanding and thinking
critically about criminal procedure in general.
Session I Learning Objectives
After successfully completing this session the learner will:
1. Understand that our constitutional democracy balances public safety with individual liberty;
2. See how criminal procedure balances the right result with guaranteeing fair process;
3. Learn how the due process revolution expanded defendants rights;
4. Become familiar with the Fourteenth Amendments Equal Protection Clause;
5. Learn that constitutions are a set of permanent, general principles;
6. Understand criminal procedure is a set of rules the government must follow;
7. Learn the U.S. Constitution is the highest authority in all criminal proceedings;
8. Learn the U.S. Supreme Court is the final word interpreter of the Constitution.
Assignments to be Completed Prior to Session I
1. Read these chapters in the text
Crime Control in a Constitutional Democracy
Criminal Procedure and the Constitution
2. Complete Discussions 1.1 and 1.2 online, prior to attending the face-to-face session;
3. Be prepared to take the quiz.
4. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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SESSION II THE DEFINITION OF SEARCH AND SEIZURE; STOP AND FRISK,

SEIZURE OF PERSONS: ARREST
This session describes and analyzes two questions: When is a government action a search?
When is a government action a seizure? Students will examine the myriad brief encounters
between police and individuals that take place on the street. Students will also examine arrest,
the Fourth Amendment seizures that consist of taking suspects into custody, usually by taking
them to the police station. Students will discuss the question, when is a detention an arrest?
What amounts to probable cause? What is the proper manner of arrest?
Session II Learning Objectives
After successfully completing this session the learner will:
1. Learn that originally, search and seizure laws enforced sedition and customs laws;
2. Understand the Fourth Amendment bans only unreasonable searches and seizures;
3. Learn that discovering evidence in plain view, in public places, in open fields, or on
abandoned property arent searches, and the Fourth Amendment doesnt apply to them;
4. Understand that stop-and-frisk law grew out of problems with investigating suspicious people
and circumstances in large cities;
5. See how officers cant stop people on a hunch or a whim;
6. See how frisks balance criminal law enforcement against individual privacy rights not to be
touched by an officer;
7. Learn that arrests are Fourth Amendments seizures but are more invasive than stops;
8. Understand that probable cause and the manner of arrest are both required for a reasonable
arrest;
Assignments to be Completed Prior to Session II
1. Read these chapters in the text
The Definition of Searches and
Seizures Stop and Frisk
Seizures of Persons: Arrest
2. Complete Discussions 2.1 and 2.2 online, prior to attending the face-to-face session;
3. Be prepared to take a quiz.
4. Submit the topic of your Research Paper to the drop box Research Paper Topic in Session
II for approval and feedback from your instructor.
5. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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SESSION III SEARCHES FOR EVIDENCE; SPECIAL NEEDS SEARCHES

This session will explore searches for evidence, both with and without warrants. Students will
learn when warrants are required, the exception to the warrant requirement, and the manner of
which warrants are conducted. Students will also examine the concept of special-needs searches
that go beyond ordinary law enforcement including inventory searches, student searches,
employee drug testing, searches of prison visitors, and searching college students dorm rooms.
Session III Learning Objectives
After successfully completing this session the learner will:
1. Learn that searches incident to arrest without warrants are constitutional because they
protect officers, prevent escape, and preserve evidence;
2. Understand that pretext arrests are powerful investigative tools in the drug war;
3. See that consent searches allow officers to search without warrants or probable cause;
4. Learn the U.S. Supreme Court applied the Fourth Amendment to special-needs searches;
5. Understand that special-needs searches are directed at people generally;
6. Learn that police can conduct inventory searches to protect the owners items, prevent
lawsuits from loss or damage, and protect law enforcement agents;
7. Know that employee drug testing is directed at the special need to reduce danger to public safety.
Assignments to be Completed Prior to Session III
1. Read these chapters in the text
Searches for Evidence
Special Needs Searches
2. Complete Discussions 3.1 and 3.2 online, prior to attending class
3. Be prepared to take a quiz.
4. Continue working on your Research Paper.
5. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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SESSION IV SELF-INCRIMINATION; IDENTIFICATION PROCEDURES

This session examines the police interrogation and confessions and the right to remain silent.
Students will also learn about police identification procedures, including lineups, mug shots,
and DNA testing and discuss the need for, the fairness of, and the reliability of interrogation and
identification procedures to obtain the truth.
Session IV Learning Objectives
After successfully completing this session the learner will:
1. Learn that police interrogation takes place in private and that most suspects speak when
interrogated;
2. Understand that when police focus their attention on a single suspect, the suspects right to
counsel attaches;
3. Learn that Miranda v. Arizona established a bright line rule for custodial interrogation;
4. Understand that proving a crime was committed is easier than proving who committed it;
5. Learn that eyewitnesss identification of strangers presents a high risk of misidentification;
6. See that some simple, inexpensive changes to procedures can reduce misidentification.
Assignments to be Completed Prior to Session IV
1. Read these chapters in the
text Self-Incrimination
Identification Procedures
2. Complete Discussions 4.1 and 4.2 online, prior to attending class
3. Be prepared to take a quiz at the end of class.
4. Continue working on your Research Paper and Presentation.
5. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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SESSION V REMEDIES FOR CONSTITUTIONAL VIOLATIONS, THE

EXCLUSIONARY RULE, ENTRAPMENT, AND OTHER REMEDIES
AGAINST OFFICIAL MISCONDUCT
Students will examine the remedies against the government when officials violate the
constitutional rights discussed in prior classes. This sessions focus is on process remedies,
examining the main process remedy, the exclusionary rule, and entrapment. Students will also
learn of the right to sue the government for injuries that result from constitutional violations and
other illegal official actions.
Session V Learning Objectives
After successfully completing this session, the learner will:
1.
2.
3.
4.

Learn that there are numerous remedies against government misconduct;

See the exclusionary rule and the defense of entrapment arent constitutional rights;
Understand the U.S. is unusual in its adoption of the exclusionary rule;
Realize the exclusionary rule keeps good evidence out of court and undermines the
prosecutions case;
5. Learn that a range of remedies exist to hold officers, departments, and governments
accountable for illegal acts;
6. Understand why it is difficult to probe criminal intent involving illegal police conduct;
7. Learn about internal department disciplinary procedures;
Assignments to be Completed Prior to Session V
1. Read these chapters in the text
Remedies for Constitutional Violations: The Exclusionary Rule and Entrapment
Constitutional Violations: Other Remedies Against Government Misconduct
2. Complete Online Discussions 5.1 and 5.2 online, prior to attending class;
3. Be prepared to take a quiz.
4. Continue working on your Research Paper and Presentation.
5. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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SESSION VI COURT PROCEEDINGS BEFORE TRIAL AND DURING TRIAL;

CONVICTION
In this session, students will examine court proceedings before trial, including the decision to
charge, bail, and the right to counsel, and disposition by trial and by guilty plea.
Session VI Learning Objectives
After successfully completing this session, the learner will:
1. See that after arrest, interrogation, and identification procedures, responsibility for criminal
procedure changes hands from police to lawyers in courts;
2. See that when the prosecutor charges a suspect with a crime, it is the start of court
proceedings;
3. Learn the Fourth Amendment requires suspects detained after arrest appear quickly before a
magistrate for a probable cause to detain hearing;
4. Learn that court proceedings are divided into adversarial proceedings inside the courtroom
and informal negotiations outside the courtroom;
5. See that most cases are decided by guilty pleas, not by trial;
6. Understand defendants have a constitutional right to a 12-member jury or to a unanimous
verdict.
Assignments to be Completed Prior to Session VI
1. Read the chapters in your text on these topics
Court Proceedings Before and During Trial
2. Complete Discussions 6.1 and 6.2 online, prior to class
3. Submit research paper to the drop box in Session VI.
4. Be prepared to give a presentation on your paper topic. Submit your outline/visual aids to the
drop box for the presentation in Session VI.
4. Be prepared to take a quiz.
5. Be prepared to contribute to the learning of your peers in classroom discussion and activities.

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