Instructor: Daniel W. Skubik, PhD JD
Dean, College of Arts & Sciences / J270
Voice: 909.343.4288 / Fax: 909.343.4520
Web: http://www.calbaptist.edu/dskubik
E-Mail: dskubik@calbaptist.edu
This course in Constitutional Law explores the philosophical, social historical, and legal aspects of the structure and operation of America's primary governmental charter. A combined socratic-seminar format will be followed, allowing students to apprehend the evolving function of the federal judiciary, and through case study to prepare students to do politico-legal research on contentious contemporary issues in constitutional interpretation. This particular section will focus on criminal law and procedure for active duty law enforcement officers.
Required Texts
Jerold Israel, Yale Kamisar and Wayne LaFave, Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text 2003 edition (Thomson West, 2003)
Web pages and handouts will be referenced throughout the term, contents of which you also will be responsible.
Class Schedule
| Mar 2/4 | Introduction to course and the U.S. Constitution Read/discuss the Constitution (handout) and main text ch. 1-2, pp.1-54 [see FindLaw's Index to the US Constitution for web access] |
| Mar 9/11 | Arrest, Search & Seizure: ch. 3, pp.55-263 Quiz #1 |
| Mar 16/18 | Interrogation, Confessions, and Pre-Trial ID: ch. 6-7, pp.307-458 Quiz #2 and sign-up for Case Presentation |
| Mar 23/25 | Library and Case Research No face-to-face class meetings this week |
| Mar 30/Apr 1 | Investigation, and Decision to Prosecute: ch. 8-12, pp.459-569 Quiz #3 |
| Apr 6/8 | Easter Observance No face-to-face class meetings this week |
| Apr 13/15 | Pleas, and Trial by Jury: ch. 13-15, pp.570-654 Quiz #4 and Case Presentation |
| Apr 20/22 | Trial, Re-Trials, and Sentencing: ch. 18-20, pp.741-912 Quiz #5 and Case Presentation |
| Apr 27/29 | Final Examination |
Assessment & Grading Scale
| Quizzes = 20% (5% each / best 4 of 5) | 90 - 100 = A range (90-94 = A-) |
| Final Examination = 30% | 80 - 89 = B range (80-83 = B- / 87-89 = B+) |
| Case Presentation = 30% (10% oral + 20% brief) | 70 - 79 = C range (70-73 = C- / 77-79 = C+) |
| Attendance = 5% | 60 - 69 = D range (60-63 = D- / 67-69 = D+) |
| Participation = 15% | 0 - 59 = F |
Five (5) short quizzes will be given during the term, covering material from the immediately previous class session. Format is objective, comprising multiple choice, true/false, matching, and short answer questions. Of the five, your four (4) best results will be used to compute your quiz scores (i.e. your worst effort will be dropped).
A final examination will be given at the concluding sesion of the term. The exam is cumulative, covering all materials and discussions assigned.
Specific guidance as to length and specific requirements will be proffered before the test date. Format generally will emphasize short answer and essay questions, requiring application of cases, concepts and principles in relation to the topics covered in class.
The exam is open book, open notes. This means you are permitted to bring your textbook, any handouts provided by the instructor, and notes you have personally prepared, to the exam. Other materials, such as website printings or professionally prepared texts or notes, are not permitted.
You will sign-up to work as part of a 2- or 3-person team on one side of a hypothetical Supreme Court case (list of cases and issues to be presented after the second quiz). You will prepare a written brief and then orally argue that case to the class. The other class members and I will sit as the Court, hearing your arguments and asking questions. You will be assessed both on your presentation skills (10%), and on the brief (20%).
Attendance: You earn 1% of your final course grade for each full class session during which you are physically present, up to a maximum of 5%. No partial credit awarded. ["full class session" = present at least 3 hours of a 4-hour scheduled session]
Participation: Although speaking in class, publicly putting and defending a position, can be daunting, you are strongly encouraged to learn to think through your own and others' experiences and insights within the context our discussions. In short, you are encouraged to demonstrate your internalization of our material for application in the politico-legal world. In this context, you are not being evaluated for reaching "right" conclusions, but for demonstrating your facility in forming arguments for any conclusions put, given the material we will cover in class.
To give direct incentive to so engage, 15% of your mark for the course will be comprised
of my assessment of your overall classroom participation. This includes, but is not limited to, my assessment of your participation during our face-to-face sessions (e.g. making relevant comments in classroom discussions, being prepared to respond to socratic questioning, asking relevant questions, and following directions concerning reading assignments), as well as active engagement in discussions on Blackboard. The point is to determine your active engagement with the material in the context of the class.
This syllabus is composed in good faith, with a schedule of readings, quizzes, case work and exams which will guide us throughout the term. Still, the instructor reserves the right to make adjustments to this schedule as deemed necessary for the overall enterprise of the class. Any changes will be communicated as far in advance as feasible, and you are responsible for knowing if and when any changes have been made.
Make-Ups
Final Exam
: you must arrange to take a make-up before the final class
session
Case Presentation
: the case work cannot be made up
Quizzes : you must arrange to take a make-up before the quiz date
N.B. Make-Ups will be arranged only on good evidence of unavoidable absence from class.