Welcome to CJ227: Welcome to CJ227: Criminal Procedure Criminal Procedure

Professor Irene GainerProfessor Irene Gainer

Seminar (Unit 1)Seminar (Unit 1)

Expectations (Generally)Expectations (Generally)

See Syllabus!!!See Syllabus!!! Communication. . .Communication. . . Ask Questions. . .Ask Questions. . . Communication. . .Communication. . . Show Me You Have learned Something. . .Show Me You Have learned Something. . . Communication. . .Communication. . . Don’t Forget Peer Responses. . .Don’t Forget Peer Responses. . . Communication. . .Communication. . . Good Faith Effort Regarding APA. . . (Relax)Good Faith Effort Regarding APA. . . (Relax) Etc.Etc.

Unit 1Unit 1

Introduce YourselfIntroduce Yourself DiscussionDiscussion SeminarSeminar Take a BreakTake a Break Read Chapters 1 and 2 Read Chapters 1 and 2 Unit Summary Unit Summary QuizQuiz

Introduce YourselfIntroduce Yourself

The rewarding experience of getting The rewarding experience of getting to know your peers.to know your peers. Study Buddy(s)Study Buddy(s) NetworkingNetworking MotivationMotivation BondsBonds FriendsFriends KU FamilyKU Family

DiscussionDiscussion The federal court system is national in scope and offers many The federal court system is national in scope and offers many

advantages over the individual state systems. advantages over the individual state systems. Discuss some advantages and disadvantages to proceeding with a Discuss some advantages and disadvantages to proceeding with a

federal criminal prosecution as opposed to a state prosecution, federal criminal prosecution as opposed to a state prosecution, providing that there is concurrent jurisdiction.providing that there is concurrent jurisdiction.

As you discuss the above subjects with your classmates, refer to the As you discuss the above subjects with your classmates, refer to the unit reading assignments and use the library/Internet for additional unit reading assignments and use the library/Internet for additional reference.reference.

After contributing one substantial response (50 to 100+ words), please After contributing one substantial response (50 to 100+ words), please respond to at least two (2) of your classmates' posts with a significant respond to at least two (2) of your classmates' posts with a significant and thoughtful response.and thoughtful response.

Contribute to the discussion board at the start of the unit and on at Contribute to the discussion board at the start of the unit and on at least two other days. least two other days.

Respond with posts that are grammatically correct and cite all sources Respond with posts that are grammatically correct and cite all sources by including the web address and authorby including the web address and author. .

Discussion (Part 2)Discussion (Part 2)

The Discussion Board experience is The Discussion Board experience is maximized when initial posts are maximized when initial posts are made prior to Sunday evening at made prior to Sunday evening at 9:00PM. I strongly encourage this 9:00PM. I strongly encourage this philosophy to facilitate that philosophy to facilitate that “experience.” “experience.”

Discussion (Part 2)Discussion (Part 2)

Note: Because you are adults, I expect Note: Because you are adults, I expect that you will always exercise appropriate that you will always exercise appropriate and respectful comments and behaviors in and respectful comments and behaviors in class. I do not expect that you exercise class. I do not expect that you exercise mere "tolerance" of others and their mere "tolerance" of others and their viewpoints. Rather, I expect both viewpoints. Rather, I expect both acceptance and mutual respect to any acceptance and mutual respect to any and/or all differences. I warmly embrace and/or all differences. I warmly embrace diversity - regardless of who you are, what diversity - regardless of who you are, what you believe or where you come from. My you believe or where you come from. My responses within the course room consist responses within the course room consist of individual and cluster responses. of individual and cluster responses.

QuizQuiz

This Quiz is scheduled for 2/3/2010 This Quiz is scheduled for 2/3/2010 to 2/9/2010. Students are unable to to 2/9/2010. Students are unable to access the content before 12/3/20.access the content before 12/3/20.

If you need more time you need to If you need more time you need to contact me and let me know.contact me and let me know.

Did You Miss the Seminar?Did You Miss the Seminar?

To receive credit for the seminar if To receive credit for the seminar if you are unable to attend, you are you are unable to attend, you are required to write a 300 – 500 word required to write a 300 – 500 word paper on the seminar topic. paper on the seminar topic. Review the seminar archive for Review the seminar archive for

additional information.additional information. Submit your assignment using the Doc Submit your assignment using the Doc

Sharing tab.Sharing tab. Select the option to send to your Select the option to send to your

instructor only.instructor only.

Live SeminarLive Seminar

Students who meet the following criteria in Students who meet the following criteria in their seminar attendance will earn high their seminar attendance will earn high grades:grades: Enters the scheduled KHE Seminar sessions on Enters the scheduled KHE Seminar sessions on

time, time, Actively participates throughout the entire session, Actively participates throughout the entire session, Makes frequent and informed references to unit Makes frequent and informed references to unit

material, material, Interacts with peers & instructor throughout the Interacts with peers & instructor throughout the

session, session, Provides original contributions that further the work Provides original contributions that further the work

of the class. of the class.

Whew Whew

The Seminar:The Seminar: In Unit 1’s seminar we will discuss what In Unit 1’s seminar we will discuss what

constitutes a search under the Fourth constitutes a search under the Fourth Amendment as well as exceptions to the Amendment as well as exceptions to the Fourth Amendment’s warrant Fourth Amendment’s warrant requirement that have been created by requirement that have been created by the courts. You should review pages 58 the courts. You should review pages 58 to 67 in Chapter 2 prior to attending the to 67 in Chapter 2 prior to attending the seminar..seminar..

Search and SeizureSearch and Seizure

Importance of Fourth and Fifth Amendments to Importance of Fourth and Fifth Amendments to U.S. Constitution U.S. Constitution

Applied to the states by the Fourteenth Applied to the states by the Fourteenth Amendment Amendment

The 4The 4thth Amendment Amendment

Protects: Protects: Persons Persons Houses Houses Papers Papers Effects Effects Protects against unreasonable searches and Protects against unreasonable searches and

seizuresseizures

First Search Question: First Search Question: Does the Fourth Amendment apply?Does the Fourth Amendment apply?

If it does not apply, then questions of If it does not apply, then questions of reasonableness, probable cause, and reasonableness, probable cause, and warrants are irrelevant. warrants are irrelevant.

Second Search Question: If the Fourth Second Search Question: If the Fourth Amendment does apply, has it been Amendment does apply, has it been

complied with?complied with? If yes, then evidence is admissible If yes, then evidence is admissible

unless excluded for other reasons. unless excluded for other reasons.

If no, what sanctions will the court If no, what sanctions will the court impose, e.g., exclusionary rule.impose, e.g., exclusionary rule.

See Everyone Next WeekSee Everyone Next Week If I didn’t respond to a question or If I didn’t respond to a question or

comment by you during seminar, I am not comment by you during seminar, I am not ignoring you. The chat goes quickly, and ignoring you. The chat goes quickly, and I’m only human I’m only human Please repeat your Please repeat your question or talk to me after class.question or talk to me after class.

I’m always available I’m always available You are never a “bother”You are never a “bother” No question is a stupid question. . .No question is a stupid question. . . If you call or e-mail me, I will respond very If you call or e-mail me, I will respond very

quickly. . .quickly. . . igainer@kaplan.edu or or igainer@aim.com 202-554-0816202-554-0816