MASSACHUSETTS BAY COMMUNITY COLLEGE
CRIMINAL LAW AND PROCEDURE - LA228
Syllabus - Spring 1998

Updated January 24, 1998

Dr. Glenn Everett Churchill
Telephone: 781-837-2183
Toll Free: 800-696-8199
Facsmile: 781-834-2060
Email: WIZARDofLAWS@juno.com

A. INTRODUCTORY INFORMATION

COURSE:
Criminal Law and Procedure.

INSTRUCTOR:
Dr. Glenn Everett Churchill

CONTACTING THE INSTRUCTOR:
The Instructor can be contacted through the Business and Career Studies Division office at the Wellesley Campus, the Faculty Office of the Framingham Campus, or his private office in Marshfield. It is preferable, for the typical course of study to contact the instructor through the college. With an Independent Study course, such as this, it will sometimes be better to contact the instructor at his private office.

The instructor will set aside some time to meet with students personally several times during the semester. The instructor can also conference with students by telephone, e-mail, or by appointment.

Business and Career Studies Office, Wellesley Campus, Telephone: 508-270-4222

Faculty Office, Framingham Campus, Telephone: 508-270-4000

Churchill Law Offices
Post Office Box 501
Marshfield, Massachusetts 02050
Massachusetts: 781-837-2183
Arizona: 800-696-8199
Telecopier: 781-834-2060
E-Mail: WIZARDofLAWS@juno.com
URL: https://members.tripod.com/~ChurchillLaw

B. COURSE DESCRIPTION

The course consists of an introduction to the concepts of criminal mentality and responsibility, the definition of various crimes and the elements necessary to constitute same. Pretrial, arraignment, and trial procedures, defenses available to those accused of crime, jurisdiction of courts, and court presentation.

C. COURSE OBJECTIVES

  • The student will develop an understanding of the principles underlying criminal law, including such things as the importance of intent and capacity. With this information, the student should be able to correctly evaluate and analyze situations involving criminal conduct and present her evaluation in a well-reasoned manner.

  • The student will study and develop an understanding of the elements of various common law and statutory crimes. The student should, then, be able to analyze situations involving possible criminal conduct to determine whether a crime has been committed and explain her reasoning. Reasoning in this setting will include the ability to accurately present and explain the elements of the crimes at issue.

  • The student will learn the procedural aspects of criminal law. The student should be able to explain the process by which a criminal matter is disposed of by law enforcement and the courts.

  • We will examine the constitutional aspects of criminal law and the student will be able to adequately explain the rights available to people suspected or accused of crimes, including such things as the right to receive Miranda warnings and the right against self-incrimination.

  • Consideration will also be given to ethical questions that are presented to law enforcement officials, attorneys, and judges in the criminal law setting. The student should be able to present an evaluation such ethical considerations and reach a well-reasoned and thoughtful conclusion.

    D. COURSE MATERIAL

    COURSE TEXT: TBA

    OTHER MATERIAL: The course material will include written items provided by the instructor to the student, usually by mail. Materials will consist of various documents such as case reports, statutory law, court pleadings, documents, sections from text books, and articles of interest. Materials will also be assigned from the reserve area of the MBCC library in Wellesley or Framingham.

    E. READING AND ASSIGNMENTS

    The reading and study assignments are guidelines that will vary and will be supplemented by materials that will be handed out or mailed to the student. Amendments to the Syllabus will be provided as the semester progresses.

    All reading and other assignments should be completed weekly and student should be prepared to discuss or write about the materials assigned.

    FIRST WEEK :
    First session. No reading assignments.

    SECOND WEEK:
    General Considerations in Criminal Law.
    Elements of Crime.
    Physical Act and Mental State.
    Accomplice Liability.

    THIRD WEEK:
    Inchoate Offenses.
    Responsibility and Criminal Capacity.
    Exculpation Principles.

    FOURTH WEEK:
    Offenses Against the Person.

    FIFTH WEEK:
    Sex Offenses.

    SIXTH WEEK:
    Property Offenses.

    SEVENTH WEEK:
    Offenses Against Habitation.

    EIGHTH WEEK:
    Mid-Term Examination.

    NINTH WEEK:
    Constitutional Restraints on Criminal Procedure.
    The Exclusionary Rule.

    TENTH WEEK:
    Search and Seizure.

    ELEVENTH WEEK:
    Confessions.
    Pretrial Identification.

    TWELFTH WEEK:
    Pretrial Proceedings and Procedure.
    Trial.

    THIRTEENTH WEEK:
    Pleas and Plea Bargaining.
    Sentencing.

    FIFTEENTH WEEK:
    Final Examination.

    F. ATTENDANCE POLICY

    As an independent study course, regular classes will not be held. However, there will be several meetings during the semester and the meeting times will be coordinated between the instructor and student. Student is be expected to be present at all meetings once they have been scheduled.

    G. STUDENT EVALUATION

    Because this is an independent study course, written work of various kinds will be paramount in determining grades.

    There will be one open-book mid-term examination to be done at home. A limited time will be allotted for completion of the examination and student will be on their honor to abide by the time limitations, complete the examination as instructed, and return the examination to the instructor.

    Short papers, from three to six pages in length, will be required during the semester. The subjects will be assigned and the papers will be graded.

    A term paper will be required in place of a final examination. The term paper can be on any topic related to criminal law and procedure. The student should obtain the approval of the instructor for the topic. A topic should be chosen and approved not later that the time of mid-terms in order to allow enough time for completion of research and writing. The term paper should be between eight and fifteen type-written pages in length (quality being more important than quantity) and sources should be cited.

    The foregoing criteria will count toward the final grade in the following manner:

  • Assigned Papers Thirty (30%) percent
  • Mid-term Examination Thirty (30%) percent
  • Term Paper Forty (40%) percent
  • TOTAL One hundred (100%) percent

    I. INSTRUCTION METHODS

    Instruction method will consist almost entirely of the students' independent study of materials assigned by the instructor. The preparation of short papers will assist the student in learning the materials and comments will be provided in writing by the instructor at various times. Several meetings will also be held between the instructor and students to discuss materials.

    Students are encouraged to submit written questions to the instructor whenever there are issues needing clarification so that the instructor can undertake to explain, either orally or in writing, any such issues.

    J. CHEATING AND PLAGIARISM

    It should go without saying that no form of cheating or plagiarism will be tolerated. Any such conduct will be treated in accordance with the procedures set forth in the student handbook and college catalogue. Cheating and plagiarism can result in a failing grade for any applicable examination or assignment and for the course. Cheating and plagiarism can also result in other disciplinary action.