Criminal Justice 100

Transcription

1 Criminal Justice 100 Based upon the "California Peace Officers Legal Sourcebook" published by the California Department of Justice. Hemet High School Hemet Unified School District ( ) (Student Version) Page 1 of 30

2 Criminal Justice 100 (Scope & Sequence, Pacing Guide, Curriculum and Instruction, and Assessment) Based upon the "California Peace Officers Legal Sourcebook" published by the California Department of Justice. Part One Table of Units Unit 1 - Introduction to the Criminal Justice System Unit 2 - Introduction to Criminal Law (Part 1) - Introduction & Kinds of Crimes Unit 2 - Introduction to Criminal Law (Part 2) - Parties to a Crime, Crime Elements, & Intent Unit 2 - Introduction to Criminal Law (Part 3) - Defenses, Attempt, Conspiracy, & Solicitation Unit 3 - Criminal Law - Crimes Against Property (Part 1) - Crimes of Theft, Burglary Law, & Buying or Rec. Stolen Property Unit 4 - Criminal Law - Crimes Against Persons (Part 1) - Assault and Battery Law & Robbery Law Unit 5 - Report Writing and Investigative Evidence - Importance, Clarity, Documentation, & Body-Worn Cameras Unit 6 - Report Writing - Introduction to the Criminal Complaint Report, Additional Person(s) and Vehicle(s), & Property Inventory Sheet Unit 7 - Search and Seizure - Persons (Part 1) - Warrantless Searches and Seizures Unit 7 - Search and Seizure - Persons (Part 2) - Consensual Encounters Unit 7 - Search and Seizure - Persons (Part 3a) - Detentions/Stops Unit 7 - Search and Seizure - Persons (Part 3b) - Detentions/Stops Part Two Unit 8 - Evidence (Part 1) - Kinds of Evidence Unit 9 - Statements (Part 1) - Importance of Statements Unit 9 - Statements (Part 2a) - Miranda (Fifth Amendment) - Custody & Interrogation Unit 9 - Statements (Part 2b) - Miranda (Fifth Amendment) - The Duty to Provide Unit 9 - Statements (Part 2c) - Miranda (Fifth Amendment) - Waiver of Miranda Rights Unit 9 - Statements (Part 2d) - Miranda (Fifth Amendment) - Invocation of Miranda Rights, Repeated Interrogation, Juveniles, & the Rescue Doctrine and Public Safety Exception Unit 9 - Statements (Part 2e) - Miranda (Fifth Amendment) - The Right to Counsel (Sixth Amendment) Unit 9 - Statements (Part 2f) - Miranda (Fifth Amendment) - Voluntariness of Statements (Fourteenth Amendment) Unit 9 - Statements (Part 2g) - Miranda (Fifth Amendment) - Statements to Private Persons & Statements From Witnesses Unit 9 - Statements (Part 2h) - Miranda (Fifth Amendment) - Joint Statements from Multiple Suspects & Anticipating Defenses Part Three Unit 10 - Search and Seizure - Persons (Part 4a) - Arrests, Who May Arrest, How to Arrest, When and Where You May Arrest Unit 10 - Search and Seizure - Persons (Part 4b) - Arraignment/Probable Cause Determination/Release from Custody Unit 10 - Search and Seizure - Persons (Part 4c) - Searches Incident to Arrest, Emergency Searches & Consent Searches Unit 11 - Lineups and Showups (Part 1) - Suggestivity & Reliability Unit 11 - Lineups and Showups (Part 2) - Showups - Searches and Seizures & Right to an Attorney Unit 11 - Lineups and Showups (Part 3) - Summary of Recommended Procedures Unit 11 - Lineups and Showups (Part 4) - The Suppression Hearing, Identifications at Trial & Police Art as an Investigative Tool Page 2 of 30

3 Criminal Justice 100 (Scope & Sequence, Pacing Guide, Curriculum and Instruction, and Assessment) Based upon the "California Peace Officers Legal Sourcebook" published by the California Department of Justice. Unit 1 - Introduction to the Criminal Justice System Part One Week 1 Day 1 Introduction Day 2 Discuss Syllabus and Scope & Sequence of Course Define purposes of both the civil and criminal justice systems. Civil Justice System Criminal Justice System Describe the purposes of the three branches of the criminal justice system. Day 2 Law Enforcement Court System Correctional System Read "This Sourcebook and the Law" ( ) and be able to define and use in context the Day 2-3 Conviction Citations Case Names Case Reporters Constitutional Law U.S. Constitution California Constitution Statutory Law Case Law Precedent Departure From Precedent The Officer's Role Page 3 of 30

4 Day 4 Day 5 1) Multiple-Choice Assessment 2) Unit 2 - Introduction to Criminal Law (Part 1) - Introduction & Kinds of Crimes Read "Criminal Law" (13.1) and be able to define and use in context the Week 2 Day 1 English Common Law Letter of the Law Spirit of the Law Substantive Law Procedural Law Read "Criminal Law" ( ) and be able to define and use in context the Day 1 Definition of a Crime - Penal Code 15 Kinds of Crimes - Penal Code 16 Felony - Penal Code 17(a) Misdemeanor - Penal Code 17(a) Infraction - Penal Code 19.6 Day 3 Day 4-5 Unit 2 - Introduction to Criminal Law (Part 2) - Parties to a Crime, Crime Elements, & Intent Read "Criminal Law" ( ) and be able to define and use in context the Parties to a Crime Principal - Penal Code 31 Accessory - Penal Code 32 Accomplice - Penal Code 1111 Feigned Accomplice Page 4 of 30

5 Read "Criminal Law" ( ) and be able to define and use in context the Corpus Delicti Elements of a Crime Read "Criminal Law" ( a) and be able to define and use in context the Intent General Intent Specific Intent Transferred Intent Criminal Negligence Unit 2 - Introduction to Criminal Law (Part 3) - Defenses, Attempt, Conspiracy, & Solicitation Read "Criminal Law" (13.6b ) and be able to define and use in context the Defenses Lack of Capacity Miscellaneous Defenses Entrapment Outrageous Police Conduct Medical Marijuana Page 5 of 30

6 Read "Criminal Law" ( a) and be able to define and use in context the Attempt - Penal Code 664, 21a Conspiracy - Penal Code 182 Soliciting Commission of Certain Crimes - Penal Code 653f, 653j Unit 3 - Criminal Law - Crimes Against Property (Part 1) - Crimes of Theft, Burglary Law, & Buying or Rec. Stolen Property Read "Criminal Law" (13.18a c) and be able to define and use in context the Theft - Penal Code 484 Grand Theft - Penal Code 487, 487(a) Petty Theft - Penal Code 488, 490.2, 666 Read "Criminal Law" ( c) and be able to define and use in context the Unauthorized Entry of Noncommercial Dwelling - Penal Code Burglary - Penal Code 459 Page 6 of 30

7 Read "Criminal Law" ( ) and be able to define and use in context the Looting - Penal Code 463 Burglary with Explosives - Penal Code 464 Possession of Burglary Tools - Penal Code 466 Shoplifting - Penal Code Buying or Receiving Stolen Property - Penal Code 496 Alteration of Serial Numbers - Penal Code 537e Unit 4 - Criminal Law - Crimes Against Persons (Part 1) - Assault and Battery Law & Robbery Law Read "Criminal Law" (13.30a ) and be able to define and use in context the Assault - Penal Code 240 Battery - Penal Code 242 Assault with a Deadly Weapon 245 Read "Criminal Law" ( ) and be able to define and use in context the Inflicting Corporal Injury on Spouse or on Cohabitant - Penal Code Assault with Intent to Commit Rape, etc. - Penal Code 220 Mayhem - Penal Code 203 Page 7 of 30

8 Read "Criminal Law" (13.32b ) and be able to define and use in context the Robbery - Penal Code 211 Car Jacking - Penal Code 215 Unit 5 - Report Writing and Investigative Evidence - Importance, Clarity, Documentation, & Body-Worn Cameras Read "Report Writing and..." ( ) and be able to define and use in context the Field Notes Uses and Characteristics of Police Reports Intra-Agency Review District Attorney Review Defense Attorney Review Disclosure Defense Preparation Read "Report Writing and..." ( ) and be able to define and use in context the Clarity Dictating Words Sentences The Active Voice Paragraphs Proofreading Page 8 of 30

9 Read "Report Writing and..." ( ) and be able to define and use in context the Documentation Personal Knowledge Hearsay Statements Suspects Admissibility in Court Approach Hostile Witnesses Friendly Witnesses Lesson 4 Read "Report Writing and..." ( ) and be able to define and use in context the Property Descriptions and Values Times Apparently Insignificant Facts Information Tending to Disprove or Minimize the Suspect's Guilt "Non-Facts" Opinions Theories Assumptions Conclusions Lesson 5 Read "Report Writing and..." ( ) and be able to define and use in context the Body-Worn Camera Best Practices Page 9 of 30

10 Unit 6 - Report Writing - Introduction to the Criminal Complaint Report, Additional Person(s) and Vehicle(s), & Property Inventory Sheet Identify the reasons for generating reports: Calls for Service Observations Traffic Collisions Miscellaneous Reports Read the following forms and be able to identify and discuss their parts and overall purposes: Criminal Complaint Report Additional Person(s) and Vehicle(s) Property Inventory Sheet 1) Write sample report(s) documenting crime(s) against property 2) Write sample report(s) documenting crime(s) against persons *Generate report(s) from both a call and observation *No suspect in custody Write report based upon given scenario (refer to rubric) Unit 7 - Search and Seizure - Persons (Part 1) - Warrantless Searches and Seizures Read "Search and Seizure - Persons" ( ) and be able to define and use in context the The Fourth Amendment The Exclusionary Rule Proposition 8 Standing "Good Faith" / Non-Culpable Conduct Page 10 of 30

11 Read "Search and Seizure - Persons" ( ) and be able to define and use in context the Emergencies (exceptions) To Prevent Imminent Danger to Life To Prevent Serious Damage to Property To Prevent the Imminent Escape of a Suspect To Prevent the Destruction of Evidence Unit 7 - Search and Seizure - Persons (Part 2) - Consensual Encounters Read "Search and Seizure - Persons" ( c) and be able to define and use in context the Consensual Encounter Contacts/Requesting Identification Requests for Identification Read "Search and Seizure - Persons" (2.6d - 2.7) and be able to define and use in context the "Knock and Talk" Searches and Seizures during Consensual Encounters Officer Safety Page 11 of 30

12 Unit 7 - Search and Seizure - Persons (Part 3a) - Detentions/Stops Read "Search and Seizure - Persons" ( c) and be able to define and use in context the Detention Stop Reasonable Suspicion Specific Factors (a-g) Read "Search and Seizure - Persons" (2.12d h) and be able to define and use in context the Information from Others Anonymous Tips Calls Read "Search and Seizure - Persons" (2.12h j) and be able to define and use in context the Effect of Unlawful Detention/Attenuation Unit 7 - Search and Seizure - Persons (Part 3b) - Detentions/Stops Read "Search and Seizure - Persons" ( ) and be able to define and use in context the Duty to Stop Use of Force to Stop Suspect (Reference - Informing the Suspect of His/Her Status pg. 2.22f) Investigative Actions - Identification Use of Force/Physical Restraints Page 12 of 30

13 Read "Search and Seizure - Persons" ( b) and be able to define and use in context the Moving the Suspect Time Limitations Increased Suspicion Decreased Suspicion Field Interrogation Cards Read "Search and Seizure - Persons" ( f) and be able to define and use in context the Miranda Warnings Officer Safety Detentions Searches During Detentions Lesson 4 Read "Search and Seizure - Persons" ( f) and be able to define and use in context the Seizures During Detentions In General Plain View, Smell, or Touch Containers Abandonment Informing the Suspect of His/Her Status Non-Searches Page 13 of 30

14 Unit 8 - Evidence (Part 1) - Kinds of Evidence Part Two Read "Evidence" ( ) and be able to define and use in context the Definition of Evidence Purpose of the Rules of Evidence Application to Officers Read "Evidence" ( ) and be able to define and use in context the Kinds of Evidence Direct Evidence Circumstantial Evidence Read "Evidence" ( ) and be able to define and use in context the Testimonial Evidence Factual Testimony Opinion Testimony Expert Opinion Lay Opinion Page 14 of 30

15 Lesson 4 Read "Evidence" ( ) and be able to define and use in context the Demonstrative ("Tangible") Evidence Documentary Evidence Lesson 5 Read "Evidence" ( a) and be able to define and use in context the Miscellaneous Evidence Judicial Notice Stipulations Presumptions Inferences Unit 9 - Statements (Part 1) - Importance of Statements Read "Statements" ( ) and be able to define and use in context the Importance of Statements Admissions Lies Tying the Suspect to the Crime Predictability Effectiveness of Early Statement Page 15 of 30

16 Read "Statements" ( a) and be able to define and use in context the Disproving the Defense Juror Predisposition Defenses Available Suppression of Statements and Other Evidence Read "Statements" (7.4a - 7.5) and be able to define and use in context the Risks of Leaving the Questioning for the Detectives Lack of Particular Facts Recording Interrogations Unit 9 - Statements (Part 2a) - Miranda (Fifth Amendment) - Custody & Interrogation Read "Statements" ( ) and be able to define and use in context the Miranda v. Arizona Custody Suspect's Age Examples of No Custody Examples of Custody, Despite No Arrest Examples of No Custody, Even Though Suspect Is in Jail or Prison Miranda During Detentions Page 16 of 30

17 Read "Statements" ( d) and be able to define and use in context the Interrogation Direct Questioning The "Functional Equivalent" of Interrogation Read "Statements" ( a) and be able to define and use in context the Spontaneous or Volunteered Statements Confrontation with Evidence Lesson 4 Read "Statements" (7.20b a) and be able to define and use in context the Non-Interrogation Questions Questions Not Intended to Elicit an Incriminating Response "Non-Testimonial" Answers Identification/Booking Unit 9 - Statements (Part 2b) - Miranda (Fifth Amendment) - The Duty to Provide Read "Statements" (7.22a e) and be able to define and use in context the The "Duty" to Provide Miranda Warnings The Miranda Warnings Consequences of Unintentional Miranda Violations Page 17 of 30

18 Admissibility of Statements - Unintentional Miranda Violations Admissibility of Physical Evidence - Unintentional Miranda Violations Read "Statements" (7.22e h) and be able to define and use in context the Consequences of Intentional Miranda Violations Deliberately Failing to Warn Deliberately Ignoring an Invocation Admissibility of Statements - Deliberate Miranda Violations Issue of Civil Liability for Deliberate Violations of Miranda Read "Statements" ( ) and be able to define and use in context the Jail Safety Issues Inevitable Discovery Unit 9 - Statements (Part 2c) - Miranda (Fifth Amendment) - Waiver of Miranda Rights Read "Statements" ( ) and be able to define and use in context the Waiver of Miranda Rights Express Waiver Implied Waiver Page 18 of 30

19 Read "Statements" ( a) and be able to define and use in context the Waiver Must be Voluntary, Knowing, and Intelligent Voluntary Conduct of the Officer Read "Statements" (7.26a ) and be able to define and use in context the Knowing and Intelligent Experience/Background of the Suspect Language Barriers Physical Condition of the Suspect Extent of Information Officers Must Disclose Right to Know Attorney is Seeking Contact Unit 9 - Statements (Part 2d) - Miranda (Fifth Amendment) - Invocation of Miranda Rights, Repeated Interrogation, Juveniles, & the Rescue Doctrine and Public Safety Exception Read "Statements" ( ) and be able to define and use in context the Invocation of Miranda Rights Right to Silence Right to Counsel Page 19 of 30

20 Read "Statements" ( ) and be able to define and use in context the Clarifying Ambiguous Invocations Limited or Qualified Invocation Read "Statements" ( d) and be able to define and use in context the Repeated Interrogation Re-Initiation by an Officer Suspect Has Previously Waived Suspect Has Previously Invoked - Right to Counsel Suspect Has Previously Invoked - Right to Silence Re-Initiation by the Suspect Undercover Operators Lesson 4 Read "Statements" (7.46d g) and be able to define and use in context the Juveniles Custodial Interrogation Waiver Invocation Video-Recording Custodial Interrogation of Juvenile Murder Suspects Page 20 of 30

21 Lesson 5 Read "Statements" ( a) and be able to define and use in context the The Rescue Doctrine and Public Safety Exception Unit 9 - Statements (Part 2e) - Miranda (Fifth Amendment) - The Right to Counsel (Sixth Amendment) Read "Statements" (7.48a ) and be able to define and use in context the Right to Counsel Attachment Questions About Charged Crimes vs. "Other" Crimes Read "Statements" ( ) and be able to define and use in context the Deliberately Eliciting a Statement The Government and Its Agents Waiver (Montejo v. Louisiana) Page 21 of 30

22 Read "Statements" ( ) and be able to define and use in context the Admissibility of Statements Taken n Violation of the Sixth Amendment Impeachment Inevitable Discovery Unit 9 - Statements (Part 2f) - Miranda (Fifth Amendment) - Voluntariness of Statements (Fourteenth Amendment) Read "Statements" ( ) and be able to define and use in context the Conduct of the Officer Threats and Coercion Promises/Benefits Deception Intentional Violations of Miranda Read "Statements" (7.64a b) and be able to define and use in context the Condition of the Suspect Injury Intoxication Other Factors Combination Other Considerations Page 22 of 30

23 Unit 9 - Statements (Part 2g) - Miranda (Fifth Amendment) - Statements to Private Persons & Statements From Witnesses Read "Statements" (7.66b ) and be able to define and use in context the Statements to Private Persons Statements From Witnesses Hostile Witness The Witness Who Refuses to Cooperate The Witness Who Claims Ignorance Read "Statements" ( ) and be able to define and use in context the The Cooperative Hostile Witness Statements Which Tie the Suspect to the Crime Lies Which Can be Proven False at Trial Statements Which Contradict the Suspect's Story Oral/Written/Taped Statements Read "Statements" ( ) and be able to define and use in context the Friendly Witnesses Voluntariness Page 23 of 30

24 Unit 9 - Statements (Part 2h) - Miranda (Fifth Amendment) - Joint Statements from Multiple Suspects & Anticipating Defenses Read "Statements" ( ) and be able to define and use in context the Joint Statements from Multiple Suspects Read "Statements" ( ) and be able to define and use in context the Anticipating Defenses Self-Defense Accident Intoxication Alibi Insanity Entrapment 1) Review "Summary of Miranda (Fifth) and Sixth Amendment Rules" ( ) 2) Review " Miranda Card (Spanish and English Versions)" (7.86) Part Three Unit 10 - Search and Seizure - Persons (Part 4a) - Arrests, Who May Arrest, How to Arrest, When and Where You May Arrest Read "Search and Seizure - Persons" ( a) and be able to define and use in context the Arrest - Definition Who May Arrest Mandatory Arrests for Violations of Protective Orders Federal Employees - Authority to Arrest for State Offenses Page 24 of 30

25 Read "Search and Seizure - Persons" (2.24a b) and be able to define and use in context the How to Arrest Immunity for Drug-Related Overdoses Arrest of Foreign Nationals Read "Search and Seizure - Persons" (2.24b ) and be able to define and use in context the When You May Arrest Where You May Arrest Unit 10 - Search and Seizure - Persons (Part 4b) - Arraignment/Probable Cause Determination/Release from Custody Read "Search and Seizure - Persons" ( ) and be able to define and use in context the Before Magistrate Without Unnecessary Delay - Penal Code 825 Arraignment Probable Cause Determination Release from Custody Page 25 of 30

26 Read "Search and Seizure - Persons" ( ) and be able to define and use in context the Arrests by Warrant - Misdemeanors - Penal Code Warrantless Arrests - Felony or Misdemeanor - Penal Code 849 Warrantless Arrests - Misdemeanors - Penal Code Departmental Policies Read "Search and Seizure - Persons" ( d) and be able to define and use in context the Probable Cause Passengers Unit 10 - Search and Seizure - Persons (Part 4c) - Searches Incident to Arrest, Emergency Searches & Consent Searches Read "Search and Seizure - Persons" ( ) and be able to define and use in context the The Area/Items Subject to Search Cell Phone Searches Incident to Arrest The "Contemporaneous" Requirement Page 26 of 30

27 Read "Search and Seizure - Persons" ( ) and be able to define and use in context the Emergency Searches Consent Searches Unit 11 - Lineups and Showups (Part 1) - Suggestivity & Reliability Read "Lineups and Showups" ( a) and be able to define and use in context the Suggestivity Suggestiveness Before the Identification Suggestiveness During the Identification Lineups (Physical or Photographic) Showups (One-on-One Confrontations) Suggestiveness After the Identification Read "Lineups and Showups" ( ) and be able to define and use in context the Reliability Factors Documenting a Witness' Description Page 27 of 30

28 Unit 11 - Lineups and Showups (Part 2) - Showups - Searches and Seizures & Right to an Attorney Read "Lineups and Showups" ( ) and be able to define and use in context the Seizures Probable Cause to Arrest Consent Impracticability Read "Lineups and Showups" ( ) and be able to define and use in context the Searches Probable Cause to Arrest Consent Read "Lineups and Showups" ( ) and be able to define and use in context the Right to an Attorney Lineups Physical Photographic Showups Page 28 of 30

29 Unit 11 - Lineups and Showups (Part 3) - Summary of Recommended Procedures Read "Lineups and Showups" ( ) and be able to define and use in context the General (All Types of Identification) Physical Lineup Photographic Spreads Read "Lineups and Showups" ( ) and be able to define and use in context the Showups Unit 11 - Lineups and Showups (Part 4) - The Suppression Hearing, Identification at Trial & Police Art as an Investigative Tool Read "Lineups and Showups" ( ) and be able to define and use in context the Suppression Hearing Identifications at Trial The Witness Testimony The Officer's Testimony Page 29 of 30

30 Read "Lineups and Showups" ( ) and be able to define and use in context the Police Art as an Investigative Tool Page 30 of 30