The Criminal Justice Program

Course: SOC 353.01 CRIMINAL EVIDENCE
Emphasis: Speaking
Prerequisite:: Introduction to Criminal Justice
Meeting Time: MWF, 1-1:50pm
Instructor: Dr. Zoran Milovanovich
Phone: (610) 932-8300, x3548
Fax: (610) 932-1880
Email: milovanovich@lu.lincoln.edu
Office Location: DH 362
Office Hours: MWF 11am-1pm

Course Description
Objectives
Course Emphasis
Course Requirements
Evaluation (Grades, Presentation, Percentage to Letter-Grade Conversions, Attendance Policy)
Check Your Exam Grades
Required Text
Course Outline
Web Lectures on Evidence
Web Sites Related to Criminal Investigation and Evidence

COURSE DESCRIPTION

The course involves a discussion of the origin, nature, and admissibility of evidence against the accused in criminal proceedings. The exclusionary rule and the distinction between real and testimonial evidence as admitted or excluded from court proceedings are emphasized. Topics include the hearsay rule and its exceptions, the opinion evidence rule, character and reputation evidence, direct and cross examination of witnesses, burden of proof and presumptions, identification evidence, and other pertinent rules of evidence.

COURSE OBJECTIVES

Upon completion of this course, the student should be able to:

Define the term "evidence," explain who has the burden of proof in a criminal case, and recognize the importance of presumption of innocence.

Identify the basic types of evidence and explain when each is admissible in court.

Demonstrate understanding of the constitutional basis of the use of physical force to obtain evidence.

Demonstrate understanding how the prosecutor evaluates a case and what precautions must be taken to insure that evidence will be admissible in court.

Explain what law and evidence juries are allowed to consider when deciding a case.

COURSE REQUIREMENTS:

Textbook assignments

Oral presentation

Classroom attendance and participation;

Tests: four tests, including midterm and final exam.

METHOD OF EVALUATION

Grade Distribution

Quizzes	30%
Midterm Exam	25%
Final Exam	35%
Class Participation	10%

Oral Presentation

Evaluation of the oral presentation is based on the following criteria: selection of subject (relevant to assignment, interesting, appropriate level); content and organization (necessary components: introduction, development, supporting material, conclusion); language (clarity, vividness, grammar correct, oral style); delivery (body control, voice); attitude toward an audience (urge to communicate); the degree to which the class was involved; and overall effectiveness.

Percentage to Letter-Grade Conversions

A	95-99%
A-	91-94%
B+	86-90%
B	81-85%
B-	76-80%
C+	71-75%
C	66-70%
C-	61-65%
D+	56-60%
D	51-55%
F	0-50%

Tests

Students are expected to take all tests at the regularly scheduled time. If a student cannot do so, he/she should inform the professor before the test. If the reason for being absent is valid, the student will be given the opportunity to take a make-up test. Because of the difficulty of developing a second test, make-up test will consist entirely of essay questions. Students who miss test without informing the professor beforehand will not be permitted to make up the test unless they can provide proof of having had to leave the campus unexpectedly for a hospital stay or serious family emergency.

Attendance

Students in this class will be expected to adhere to the University regulations on absence from class. Students are advised to keep in mind that four absences may result in an automatic failure in the course, and that three tardy arrivals will be counted as one absence.

Academic Ethics:

Students are reminded that they must adhere to the standards of academic ethics of the University. These include standards of honesty for such activities as submitting assignments and essays, taking tests and examinations and doing project assignments.

REQUIRED TEXT

Weston, Wells, Hertoghe, CRIMINAL EVIDENCE, Prentice Hall, 1995

COURSE OUTLINE

HEARSAY AND ITS EXCEPTIONS

Basic Hearsay Principles

The Hearsay Rule

Exceptions to the Hearsay Rule

TESTIMONIAL PRIVILEGE

Reasons for Privilege

Attorney-Client Privilege

Husband-Wife Privilege

Physician-Patient Privilege

Clergy-Penitent Privilege

CRIME SCENE EVIDENCE

DOCUMENTARY EVIDENCE

IDENTIFICATION EVIDENCE

CONFESSIONS

EXCLUSION OF EVIDENCE

BURDEN OF PROOF AND PRESUMPTIONS

PREPARING THE CASE FOR COURT

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Go to Requirements for a Criminal Justice Minor

Email: milovanovich@lu.lincoln.edu