12/21/2024 8:01:52 AM	AJ 55 Course Outline as of Summer 2008	Changed Course
CATALOG INFORMATION
Discipline and Nbr:  AJ 55	Title:  CRIMINAL PROCEDURES
Full Title:  Criminal Procedures
Last Reviewed:9/25/2017

Units		Course Hours per Week			Nbr of Weeks	Course Hours Total
Maximum	3.00	Lecture Scheduled	3.00		17.5 max.	Lecture Scheduled	52.50
Minimum	3.00	Lab Scheduled	0		17 min.	Lab Scheduled	0
		Contact DHR	0			Contact DHR	0
		Contact Total	3.00			Contact Total	52.50
		Non-contact DHR	0			Non-contact DHR Total	0

Total Out of Class Hours:  105.00

Total Student Learning Hours: 157.50

Title 5 Category:  AA Degree Applicable
Grading:  Grade Only
Repeatability:  00 - Two Repeats if Grade was D, F, NC, or NP
Also Listed As: 
Formerly: 

Catalog Description:

A comprehensive examination of the origin, development, philosophy, and legal basis of criminal procedures in California.  Procedural, statute law, case law, constitutional law and judicial rules governing pre-arrest, arrest, custody, crime charging, motions, applicable rules of discovery and evidence, California grand jury system, pretrial court procedures, adult and juvenile court procedures, verdict, sentencing, and the appellate process.  

Prerequisites/Corequisites:

Recommended Preparation:
Eligibility for ENGL 100 or ESL 100.

Limits on Enrollment:

Schedule of Classes Information
Description:

A comprehensive examination of the legal processes from the point of pre-arrest to final court adjudication.  Statute, procedural, case law & judicial rules covering laws of arrest, custody, crime charging, court steps in case adjudication, and sentencing.  

(Grade Only)
Prerequisites:
Recommended:Eligibility for ENGL 100 or ESL 100.
Limits on Enrollment:
Transfer Credit:CSU;
Repeatability:00 - Two Repeats if Grade was D, F, NC, or NP

ARTICULATION, MAJOR, and CERTIFICATION INFORMATION

Associate Degree:		Effective:		Inactive:
Area:
CSU GE:	Transfer Area			Effective:	Inactive:
IGETC:	Transfer Area			Effective:	Inactive:
CSU Transfer:	Transferable	Effective:	Fall 1981	Inactive:
UC Transfer:		Effective:		Inactive:
C-ID:
CID Descriptor: AJ 122	Criminal Court Process	SRJC Equivalent Course(s): AJ55

Certificate/Major Applicable: Certificate Applicable Course

COURSE CONTENT

Outcomes and Objectives:
At the conclusion of this course, the student should be able to:

Upon the completion of this course, students will be able to:

 1.  Describe the California laws of arrest by peace officers, private

     persons, service of arrest warrants, use of force,

     arrest dispositions, and pre-arrest subjects such as contacts and

     detentions, and custodial procedures.

 2.  Compare the jurisdiction and operation of the California Court

     system and the selection/election process for magistrates.

 3.  Distinguish and list the various charging documents applicable to

     bringing a case to court and considerations in charging or not

     charging a person with a crime.

 4.  Analyze and demonstrate knowledge of the various court processes

     after a criminal defendant is charged with a crime including

     arraignment, motions, and preliminary hearing; and due process

     considerations attached to each court state.

 5.  Describe the function of the grand jury system.

 6.  Analyze and evaluate the purpose and function of the plea bargaining

     process and other alternatives to trial.

 7.  Describe the trial process including jury selection, prosecution's

     case-in-chief, witness testimony, exhibits/evidence, motions,

     defense's case-in-chief, rebuttal testimony, jury instruction, jury

     deliberations verdict, sentencing and appeals.

 8.  Analyze legal concepts and make rational decisions about the

     prosecution of a case through the court system.  

Topics and Scope

1.  ORIENTATION

     A. Focus of study

     B. Assignments, testing and grading

     C. Attendance and class participation

     D. Student and instructor responsibilities and expectations

2.  SOURCES OF CRIMINAL PROCEDURE

     A. Common law heritage

     B. Separation of powers

     C. Constitutional due process

     D. Independent State Grounds

3.  CRIMINAL PROCEDURE CONCEPTS

     A. Adversary system

     B. Presumption of innocence

     C. Burden of Proof

     D. Corpus delicti

     E. Ex post facto and retroactivity

     F. Methods of proof

4.  LAWS OF ARREST

     A. Detention and reasonable

     B. Contact

     C. Arrest defined

     D. Custody defined

     E. Use of force in making an arrest

     F. Peace officer authority to arrest

     G. Notice of intention to arrest

     H. Arrest procedures and dispositions

     I. Service of arrest warrants

     J. Residential entry

     K. Knock and notice

     L. Private person arrests

     M. Arrest exceptions

     N. Booking procedures

     O. Confession evidence and Miranda

5.  CUSTODY PROCEDURES

     A. Commitment procedures

     B. Booking inventory

     C. Unlawful solicitation of counsel

     D. Inhumanity towards prisoner

     E. Assault under color of authority

     F. Bringing weapons into facility

     G. Body cavity inspections and strip searches

     H. Depriving phone calls

     I. Eavesdropping on confidential communications

6.  COURT SYSTEM

     A. Overview of the California trial court system

     B. Section/election of magistrates

     C. Overview of California appellate court system

     D. Effect of the doctrine of judicial review

7.  BAIL

     A. Historical development of bail

     B. Form and amount of bail

     C. Forfeiture of bail

     D. Preventive detention.

8.  CRIME CHARGING PROCEDURE

     A. Decision to prosecute

     B. Limitations on prosecutor's discretion

     C. Charging standards and selection

     D. Attacks on charging

     E. Dismissal of charges

9.  ARRAIGNMENT

     A. Securing defendant's appearance

     B. Arraignment

     C. Constitutional rules and rights during trial

     D. Pleadings

     E. Release from custody

10. PRELIMINARY HEARING

     A. Prosecution burden

     B. Magistrate disposition

11. PRETRIAL PROCEDURE

     A. Time for trial

     B. Discovery

     C. Motions in general

     D. Motion to suppress evidence

     E. Kelly-Frye motion

     F. Pretrial writs

12. ALTERNATIVES TO TRIAL

     A. Non-trial disposition

     B. Guilty plea (summary trial)

     C. Diversion

     D. D.A. office hearing/D.A. probation

     E. Civil compromise

     F. Immunity to testify

     G. Mental treatment alternatives

     H. Trailing greater offenses

     I. Deportation

     J. Dismissal/Release

13. DEFENSE STRATEGIES

      A. Motion for direct verdict

      B. Not guilty by the evidence, or because of Legal Justification

      C. Testimony by the defendant

14. CONCLUSIONS OF THE TRIAL

      A. The rebuttal

      B. The closing arguments

      C. Jury procedures

15. SENTENCING PROCEDURES

      A. Sentence laws

      B. Probation laws

16. POST-SENTENCING PROCEDURES

      A. Sentencing reviews and modifications

      B. Probation and parole searches

      C. Sexually violent predator laws

      D. The death penalty

      E. Writs and the Appellate Process  

Assignments:

1. Take comprehensive notes on lectures.

2. Complete 6 quizzes, a midterm and final examination.

3. Critically evaluate case law.

4. Reading and study of a college level text, with a reading requirement

   of an average of 15-18 pages per week.

5. Attend at least two different criminal court proceedings in a local

   Superior Court.

6. Demonstrate effective writing techniques by appropriately evaluating

   criminal court procedures.  

Methods of Evaluation/Basis of Grade.

Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing.		Writing 20 - 50%
Written homework, Reporting on & evaluating criminal court procedure
Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills.		Problem Solving 0 - 0%
None
Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams.		Skill Demonstrations 0 - 0%
None
Exams: All forms of formal testing, other than skill performance exams.		Exams 50 - 80%
Multiple choice, True/false, Matching items, Completion
Other: Includes any assessment tools that do not logically fit into the above categories.		Other Category 0 - 0%
None

Representative Textbooks and Materials:

Roberson, Cliff, CRIMINAL PROCEDURE TODAY, 2nd Ed., Pearson Education Inc.

Upper Saddle River, N.J., 2003.

Peoples, Edward E., CRIMINAL PROCEDURES IN CALIFORNIA, 2nd Ed., Meadow

Crest Publishing, Forestville, CA, 2002

Rutledge, Devallis, CALIFORNIA CRIMINAL PROCEDURE, 4th Ed., Copperhouse

Publishing Company, Incline Village, NV, 2002

Raymond, Jr., Raymond D., and Daniel E. Hall, CALIFORNIA CRIMINAL LAW AND

PROCEDURE, West Legal Studies, Albany, NY, 1999  

Print PDF