|11/28/2023 11:43:44 AM||
||New Course (First Version)
|Discipline and Nbr:
Criminal Procedures - CP4
|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||17.5 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
Title 5 Category:
AA Degree Applicable
00 - Two Repeats if Grade was D, F, NC, or NP
Also Listed As:
| ||Total Out of Class Hours: 105.00||Total Student Learning Hours: 157.50||
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.
Eligibility for ENGL 100A or ENGL 100.
Limits on Enrollment:
Schedule of Classes Information
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.
Recommended:Eligibility for ENGL 100A or ENGL 100.
Limits on Enrollment:
Repeatability:00 - Two Repeats if Grade was D, F, NC, or NP
ARTICULATION, MAJOR, and CERTIFICATION INFORMATION
Certificate Applicable Course
Outcomes and Objectives:
At the conclusion of this course, the student should be able to:
|CSU GE:||Transfer Area|| ||Effective:||Inactive:
|IGETC:||Transfer Area|| ||Effective:||Inactive:
|CSU Transfer:||Transferable||Effective:||Fall 1981||Inactive:||
| CID Descriptor: AJ 122|| Criminal Court Process|| SRJC Equivalent Course(s): AJ55
1. The student will 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. The student will compare the jurisdiction and operation of the
California Court system and the selection/election process for
3. The student will 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. The student will 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 stage.
5. The student will describe the function of the grand jury system.
6. The student will analyze and evaluate the purpose and function of
the plea bargaining process and other alternatives to trial.
7. The student will 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
8. The student will be able to analyze legal concepts and make rational
decisions about the prosecution of a case through the court system.
9. The student will learn concepts of Laws of Arrest in Learning
Domain (LD) 15 (minimum 12 hrs.) and Custody in LD31 (min. 4 hrs.)
of the Basic Law Enforcement Course curriculum adopted by the
California Commission on Peace Officer Standards and Training.
Performance Objective number are identified herein: 3.6.1-3.6.3,
3.8.3, 3.38.1-3.38.2, 3.38.4-3.38.7,3.38.9, 3.38.12-3.38.13, 11.1.1,
11.2.2-11.2.3, 11.3.1-11.3.2, 11.4.7-11.4.8, 11.6.6-11.6.8, 13.31.1.
Topics and Scope
A. Attendance and class participation
B. Testing and grading policies
C. Outside class assignments
D. A.J./Basic Course "Transition Program - Pilot Project"
II. SOURCES OF CRIMINAL PROCEDURE
A. Common law heritage
B. Separation of powers
C. Constitutional due process
D. Independent State Grounds
III. 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
IV. LAWS OF ARREST
A. Detention and reasonable (3.6.1)
B. Contact (3.6.3)
C. Arrest defined (834 P.C.)(3.38.2)
D. Custody defined (835 P.C.)(3.38.2)
E. Use of force in making an arrest (835a P.C.)(3.38.2)
F. Peace officer authority to arrest (836 P.C.)(3.6.2 & 3.38.1)
G. Notice of intention to arrest (841 P.C.)(3.38.4)
H. Arrest procedures and dispositions (825, 848, 849, 851.5, 853.5,
I. Service of arrest warrants (840 P.C.)(3.38.5)
J. Residential entry (Ramey and Steagald rules)
K. Knock and notice (844 P.C.)(3.38.7)
L. Private person arrests (837, 847, 142 P.C.)(3.8.3, 3.38.9,
M. Arrest exceptions (3.38.13)
N. Booking procedures
O. Confession evidence and Miranda
V. CUSTODY PROCEDURES
A. Commitment procedures (11.1.1)
B. Booking inventory (4003P.C.)(11.2.2)
C. Unlawful solicitation of counsel (6165 & 6152 B&P)(11.2.3)
D. Inhumanity towards prisoner (147P.C.) (11.3.2)
E. Assault under color of authority (149 P.C.)(11.4.7)
F. Bringing weapons into facility (4574 P.C.)(11.4.7)
G. Body cavity inspections and strip searches (4030 P.C.)(11.4.8)
H. Depriving phone calls (851.5 P.C.)(11.6.6)
I. Eavesdropping on confidential communications (636 P.C.)(11.6.8)
J. Learning Activity (13.31.1)
VI. 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
A. Historical development of bail
B. Form and amount of bail
C. Forfeiture of bail
D. Preventive detention.
VIII. 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
A. Securing defendant's appearance
C. Constitutional rules and rights during trial
E. Release from custody
X. PRELIMINARY HEARING
A. Prosecution burden
B. Prop. 115 issues
C. Magistrate disposition
XI. PRETRIAL PROCEDURE
A. Time for trial
C. Motions in general
D. Motion to suppress evidence (1538 P.C.)
E. Evidentiary motions (402 E.C. and 352 E.C.)
F. 995 motion (995 P.C.)
G. Kelly-Frye motion
H. Pretrial writs
XII. ALTERNATIVE TO TRIAL
A. Non-trial disposition
B. Guilty plea (summary trial)
D. D.A. office hearing/D.A. probation
E. Civil compromise
F. Immunity to testify
G. Mental treatment alternatives
H. Trailing greater offenses
1. Clarify vocabulary and legal concepts by studying a college-level text,
professional journals, and other available pertinent literature when
2. Develop skills in writing through an analysis of case law research of
selected appellate court decisions.
3. Demonstrate skills mastered by the completion of written and objective
tests requiring timed responses.
4. Oral presentations in class requiring deductive analysis from text,
law and case books.
5. Assignments involving critical issues occurring in the criminal justice
6. Develop skills in writing and oral presentation through court visits,
critiques and moot court.
Methods of Evaluation/Basis of Grade.
Representative Textbooks and Materials:
|Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing.||Writing
10 - 30%
|Written homework, Reading reports, ISSUE PAPERS||
|Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills.||Problem Solving
10 - 30%
|Homework problems, Quizzes, Exams||
|Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams.||Skill Demonstrations
0 - 0%
|Exams: All forms of formal testing, other than skill performance exams.||Exams
25 - 75%
|Multiple choice, True/false, Matching items, Completion||
|Other: Includes any assessment tools that do not logically fit into the above categories.||Other Category
5 - 15%
|ASSESSMENT OF STUDENT'S CRITICAL ANALYSIS OF CONCEPTS AND ISSUES.||
Rutledge, Devallis, CALIFORNIA CRIMINAL PROCEDURE, 3rd Ed. or current
edition, Copperhouse Publishing Co., Placerville,CA 1994.
State of California, Commission on Peace Officer Standards and Training,
BASIC LAW ENFORCEMENT COURSE UNIT GUIDES #2, (Criminal Justice System)
and #15 (Laws of Arrest), Sacramento, CA, 1996.
State of California, Department of Justice - Office of the Attorney
General, PEACE OFFICER'S LEGAL SOURCEBOOK, Sacramento, CA, 1996.
Stuckey, Gilbert, PROCEDURES IN THE JUSTICE SYSTEM, Chas. Merrill,
Columbus, Ohi (current edition).