MCCCD Program Description

Procedural Criminal Law

Course: AJS260

First Term: 2022 Fall

Lecture 3.0 Credit(s) 3.0 Period(s) 3.0 Load
Subject Type: Occupational
Load Formula: S - Standard Load

Description: Concerned with the understanding of procedural criminal law. Examines the processes and procedures followed by law enforcement, attorneys, and the courts in the apprehension and prosecution of criminal offenders. Examines the rationale underlying major court holdings impacting the criminal justice process, the procedural requirements that stem from these holdings and their effect on the daily operations of the criminal justice system.

MCCCD Official Course Competencies
1. Explain the role of the United States Constitution in determining procedural requirements for the criminal justice system, including the Bill of Rights. (I) 2. Outline and explain the role of the United States Supreme Court in determining procedural requirements for the criminal justice system, including due process of law, judicial review, judicial interpretation, and the rule of law. (II) 3. Compare and contrast the state and federal court system in the United States, including the role each has in the criminal justice system. (III) 4. Explain the sources of rights including the United States Constitution, common law, statutory law and case law. (IV) 5. Describe the significance of the fourth, fifth, sixth, eighth, and fourteenth amendments to the United States Constitution and outline their relationship to procedural criminal law. (V) 6. Describe and analyze the major constitutional levels of proof, including reasonable suspicion, probable cause, and proof beyond a reasonable doubt. (VI) 7. Explain and describe the procedural requirements and major court decisions related to arrest including arrests with and without a warrant. (VII) 8. Explain and describe the procedural requirements and major court decisions related to searches including the exceptions to the search warrant requirement. (VIII) 9. Explain and describe the procedural requirements and major court decisions related to custodial and non-custodial interrogation. (IX) 10. Identify and describe the procedural requirements and major court decisions related to identification including lineups, showups and the use of DNA evidence. (X) 11. Outline and describe the exclusionary rule and its exceptions. (XI) 12. Identify and describe the stages and procedures of the pre-trial processes, including the purpose of the grand jury and preliminary hearing, and the procedural requirements for guilty pleas and plea-bargaining. (XII) 13. Identify and describe the stages of the trial process including jury selection. (XIII) 14. Explain and describe the Constitutional safeguards relating to the pre-trial and trial process and the effect major court decisions have on their procedural requirements. (XIV) 15. Outline and describe the sentencing process including capital cases. (XV) 16. Identify and explain the major court decisions related to sentencing, including capital cases. (XV) 17. Describe the appeal process. (XV)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.

MCCCD Official Course Outline
I. Overview of the United States Constitution A. Habeas Corpus B. Bill of Rights II. Role of United States Supreme Court A. Judicial review B. Judicial interpretation C. Judicial precedent D. Rule of Law E. Rule of four F. Incorporation controversy III. The Federal Court System vs the State Court System A. Types of cases heard in each system B. Appellate process in each system C. Jurisdiction v. Venue IV. Sources of Rights A. U.S. Constitution B. Statutory Law C. Common Law D. Case law V. Constitutional Amendments and their application to Procedural Criminal Law A. Fourth Amendment-Search and Seizure B. Fifth Amendment-Due Process and right against self-incrimination C. Sixth Amendment Right to Counsel/Confrontation Clause D. Eighth Amendment Cruel and Unusual Punishment E. Fourteenth Amendment-Incorporation Clause and Due Process VI. Levels of Proof A. Reasonable Suspicion 1. Definition 2. Stop 3. Protective frisk/Protective sweep 4. Terry Stop B. Probable Cause 1. Definition 2. Establishing 3. Arrests 4. Search Warrants C. Proof Beyond a Reasonable Doubt. VII. Arrest by Police-Procedural Requirements A. Arrest B. Elements of an Arrest C. Arrests with and without a Warrant D. Knock and Announce E. Use of Force during Arrest F. Influence of Major Court Decisions VIII. Search by Police- Procedural Requirements A. With a Warrant B. Four Requirements C. Search Warrant Exceptions Including: 1. Consent 2. Search Incident to Arrest 3. Search of Vehicle with Probable Cause and Incident to Arrest 4. Border Searches 5. Exigent Circumstances 6. Plain View Search D. Search and Seizure Legal Considerations 1. Use of Police Canine 2. Search of Computers/Cell phones/ Emails/ Text Messages/Social Media 3. Laws that govern Electronic Surveillance 4. Tracking Devices 5. Probationers/Parolees E. Influence of Major Court Decisions IX. Interrogation by Police- Procedural Requirements A. Confessions and Admissions 1. Before Miranda 2. Voluntary Confessions and the Voluntariness Test 3. Miranda Warnings 4. Waiving of Miranda rights 5. When must Miranda be given: Custodial Interrogation vs Non-Custodial 6. Miranda Warning Exceptions B. Influence of Major Court Decisions X. Identification- Procedural Requirements A. Right to Counsel and Eyewitness Identification Guidelines B. Lineups/Showups/Photographic Identification C. When is the Right to Counsel Guaranteed D. Other Means of Identifying Suspects E. DNA Testing/Handwriting F. Influence of Major Court Decisions XI. The Exclusionary Rule A. Definition and purpose B. Applied to States C. Standing D. Illegally Seized Evidence E. Fruit of the Poisonous Tree Doctrine F. Exceptions to the Rule G. Good Faith/Inevitable Discovery/Independent Source Exceptions H. When the Rule does not Apply I. Influence of Major Court Decisions XII. The Stages and Procedures before trial A. Filing of Complaint B. Arrest/Booking/Initial Appearance/Bail C. Charging Decision D. Preliminary Hearing E. Grand Jury F. The Arraignment G. Types of Pleas H. Influence of Major Court Decisions XIII. The Stages and Procedure during Trial A. Selection of Jurors B. Opening Statements C. Case Presentation D. Closing Arguments E. Defense Motions before the Verdict F. Jury Deliberation G. The Verdict H. Influence of Major Court decisions XIV. Basic Constitutional Rights during the pre-trial and trial process A. Trial by Jury B. Right to Counsel C. Due Process D. The Right against self-incrimination E. The right to a fair and impartial trial F. Influence of Major Court decisions XV. The Sentencing and Appeal Process A. Imposition of Sentence B. Sentencing Guidelines C. Types of Sentences D. Capital Cases E. Juvenile Offenders F. The Appellate Process G. Influence of Major Court decisions

MCCCD Governing Board Approval Date: December 14, 2021

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.