BCJ 3801

Description

Examines the laws governing proof of facts involving evidence presentation in trials and common law. Students study practical application of the rules of criminal procedure in respect to evidence, burden of proof, presumptions, judicial notice, and basic functions of courts as the third facet of the criminal justice system.

Objectives

1. Evaluate the role of the various components of the criminal justice system and examine all the steps in the pretrial court process that can lead to the termination of a case into a trial, guilty plea, or dismissal.
2. Evaluate the role of the jury, judge, prosecution and defense attorney, and witness and analyze the sequence of events in a typical criminal trial.
3. Evaluate evidence in terms of it being relevant, material, competent, contradictory, or collaborative and analyze how judicial notice and presumptions can act as substitutes for evidence.
4. Assess the competency of children, mentally handicapped people, judges, and jurors as witnesses and evaluate how various relationships fulfill the requirements of the principles of privileged communications.
5. Distinguish the essential characteristics of a lay witness and an expert witness and describe the process for using a witness's recorded recollection as evidence.
6. Assess the exemptions and the exceptions to the rule of hearsay.
7. Distinguish between admissions and confessions and evaluate the requirements of and exceptions to the Miranda warnings.
8. Explain the exceptions to the law of exclusion and identify the conditions when a search and seizure can be considered reasonable.
9. Relate the types of identification procedures with the right to counsel and Due Process clauses and evaluate the reliability of the identification procedures with specific reference to the five factors set forth in the Biggers case.
10. Compare and contrast direct evidence and circumstantial evidence and analyze the circumstances under which prior bad acts, the character of the defendant, and the character of the witness is admissible as evidence.
11. Evaluate the conditions when secondary evidence may be introduced instead of primary evidence and explain the types of evidence that may be requested by the prosecution and defendant before and during the trial.
12. Distinguish among the various photographic and recorded evidence with reference to its admissibility in court and evaluate the three rules for their admissibility.
13. Evaluate how physical objects can be authenticated, introduced, and identified as evidence and assess the process of producing physical evidence in court with specific reference to its collection, marking, storage, preparation for use, and delivery.

PreRequisites

BCJ 2000 and BCJ 3701

Textbook(s)

* Disclaimer: Textbooks listed are based on the last open revision of the course. Prior revisions and future revisions may use different textbooks. To verify textbook information, view the course syllabus or contact the CSU Bookstore at bookstore@columbiasouthern.edu