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COURSE SYLLABUS

SPRING SEMESTER 2013


Course and Prefix Number:
Course Title:
Class:
Shop Clinical/Internship:

CJC 231
Constitutional Law
3
Lab:
0
0
Semester Credit Hours:
3

INSTRUCTOR(S): Mr. Norlan Graves


OFFICE NUMBER(S): N/A
OFFICE HOURS: N/A
OFFICE PHONE: N/A
E-MAIL ADDRESS: ngraves631@@halifaxcc.net (delivered directly
to cell phone)
INCLEMENT WEATHER: (252) 536-6351
ACADEMIC & 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
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

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.
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 governmentone 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 countrys 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 095A
COREQUISITES: 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
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

Edition: .12th.
Copyright Date: 2010
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.xiii
Sample 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) Building
8:00 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 Building
8:00 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 Building
8:00 a.m. 5:00 p.m. (Monday Friday)
Offers tutoring in basic academic skills
Distance Learning:
Halifax Community College website
http://www.halifaxcc.edu/online/
Beth Gray-Robertson, Director of Distance Learning
robertsonb@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
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

educational programs to see whether 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 Colleges
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.
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

3. Assess the sources of search and seizure.


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.

Grade Areas:
A: 100 - 93
B: 92 - 85
C: 84 - 77
D: 76 - 70
F: Below 69

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 HCCs
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
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

without communicating with the instructor will be withdrawn from the class by the
instructor.

ACADEMIC INTEGRITY:
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 students 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
authors name. Whenever a thought process or line of reasoning is borrowedeven
if the authors exact words are not being usedthe 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 BADGES
Students must wear their ID badges on campus.
TELEPHONE USE: Students receiving emergency phone messages will be notified by
security through the colleges main switchboard.
Drugs, Alcohol, and Firearms
All 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 Conduct
Use 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.
LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

Food and Drink: Will not be allowed in classrooms.


Children
Children are not allowed in classrooms while classes are in session. Please see the
HCC Catalog for details.
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 Removal
Upon 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 Conduct
Since 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 Process
Student/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 Disabilities


LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

If 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
doctors 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 made aware that they need to make arrangements. Please
contact Sherida Gholston, Student Support Services, Room 319,
gholstons@halifaxcc.edu.
CAMPUS SAFETY & SECURITY
Safety 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

LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

DATE:

ASSIGNMENT:

JAN/8-13
Content of the US

UNIT OF INSTRUCTION:

Chapter I

History, Structure and


Constitution

JAN/15-20

Chapter II

JAN/27

Freedom of Speech

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

FEB/28
& Interception of

Chapter V

Search & Seizure


Eavesdropping
Communication

MAR/5

Midterm

Mar/10-12-17

Chapter VI

Interrogations and

Confessions
MAR/20-22-27-29
Confessions

Paper #2

MAR/31- APR/2-7
Incrimination

Chapter VII

Interrogations and
Compulsory Self-

MAR/26-31

Chapter VIII

APR/2

Presentation

APR/4-9-11

Chapter IX

Right to Counsel

Trial and

Punishment
APR/14
APR/16-21-23-28-30

Paper #2 due
Constitutional & Civil

Rights in the
Government
Workplace
APR/30

Final Exam

LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE

LEARNING COMES TO LIFE IN PURSUIT OF EXCELLENCE