University of North Texas--Department of Political ScienceCriminal Law and Procedure--PSCI 4230--Fall 2017

Professor: Dr. Kimi Lynn King office: Tu/Th 12:20-1:50 pmOffice: 148 Wooten Hours: Tu/Th 11am-12:30pm; always after class & by appointment!Phone: (940) 565-4984 (office); (940) 565-2276 (Poli Sci Office); (940) 597-4802 (cell)E-mail: kimi.king@unt.edu Class: Tu/Th 12:30-1:50 pm - 312 Wooten Required Texts: All materials will be on reserve at Willis Library under King-2 hour reserve.

Teaching Assistant: Josue Barron office: M-12-2pm & W 11am-1pmOffice: 147 Wooten Phone: (940) 369-5451 (office); (940) 565-2276 (Poli Sci Office) E-mail: JosueBarron@my.unt.edu

Required Text: Kenneth D. Agran. 2015. Investigative Criminal Procedure: A Law & Order Casebook. West Academic Publishing. IBSN: 978-1-62810-688-6

Required on the Web: Blackboard. All materials for the class are online and will “appear” as we move through the semester. You must call the Student Help Desk FIRST if you are having computer or technology issues (e.g. having trouble with email, submitting briefs, etc.). The desk contacts me if multiple students are having the same problem. Always have the desk fill out a “remedy ticket” so we can trace your call in the system. We must have a remedy ticket number!

UIT Helpdesk Phone: (940) 565-2324-Mon.-Th. 8am-12 am; Fri. 8am-8am; Sat. 9am-5pm; Sun. 1pm-12 amIn person: Sage Hall (Rm. 130)–Mon.-Fri. 8 am-8 pm (closed weekends)Email: helpdesk@unt.edu or go to www.unt.edu/helpdesk/ ***Remember that ALL emails from http://learn.unt.edu now GO DIRECTLY TO your my.unt.edu email (Eagle Connect http://eagleconnect.unt.edu)*** Required Hardware: To encourage engagement with the material, I require students to answer questions throughout class and use iClicker REEF Polling as a form of Responseware. iClicker REEF (free to UNT students) allows you to select answers from your device as I ask them in class (we refer to this as “clicking in”). In order to be able to “click in” answers throughout class and receive a grade, you must download the “iClicker REEF Polling by i>clicker” App and create an account. For those without a tablet or smartphone, you may use a computer.

How to create an account and join a class polling session: 1. Download “iClicker REEF Polling by i>clicker” or now known as “iClicker Reef (formerly

REEF polling)” in the app store. If you do not have a device compatible with the app, you may also use a laptop computer and participate in class polling sessions online at https://app.reef-education.com/#/login.

2. You must create a new account. Click the “Don’t have an account? Sign up!” You will first be prompted to select an institution. Search and select “University of North Texas.” Then fill out your account information.

3. Once you’ve signed in with your new account information, you will need to add this course to your list of courses by clicking the “+” (plus sign). Once again, search and select “University of North Texas.” Then search “King.” Add your course and section. Make sure you choose the correct session!

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What to do if you don’t have a phone, tablet, laptop or other device to login to iClicker REEF Polling:

1. You can rent laptops at the following locations:a. Willis Library: 24 Commons, First Floor (MacBook or Dell)b. Discovery Park: Library Service Desk, Room B112 (Dell only)c. Eagle Commons Library: Library Service Desk, First Floor (Dell only)d. See Dr. King & the TA about getting a clicker from UNT

Connecting via WiFi in UNT classrooms is highly recommended. Note: sometimes students get better responsiveness if they 1) put their phone in “Airplane Mode” and then 2) turn WiFi on.

You can find a visual display illustrating how to create an account and join on session on Blackboard. For any questions regarding iClicker REEF Polling, please contact the TA.

See your REEF Polling TA IMMEDIATELY if your Responseware appears to be malfunctioning. Monitor your clicker points every week to be sure you are getting credit – realizing at the end of the semester that your device messed up is too late!

Academic Integrity:  *Please note that the misuse of iClicker Reef will be considered a violation of proper student conduct and will be treated as cheating. For this class, iClicker Reef is to be used as a learning tool by you in the classroom. Misuse would include submitting answers for a friend who is not in attendance in class, submitting answers when you are absent, having someone else submit answers for you when you are absent, or any other use of iClicker Reef by which you are not submitting your own work in class.

Please consult and sign the policy regarding academic honesty (last page). Having other students do your work, collaborating on tests, or click in for you in class are grounds for punitive actions. Please consult UNT’s policy. Watch the following this video if you are unsure about constitutes plagiarism.

Course Objectives: This course is designed to examine the key elements of the U.S. criminal justice system. Beginning with the Terry stop”, custodial interrogation, and decision to arrest, the rights of individuals are triggered under our U.S. Constitution. These rights continue to be attached throughout the pre-trial, trial, and conviction phases. The framework for evaluating our unique federal and state criminal system relies upon the institutions and procedural protections established by the framers of the U.S. Constitution. We examine the criminal process by examining the Fourth, Fifth, Sixth, and Eighth Amendments, as well as the subsequent changes that have been made via legislative change and judicial fiat. We consider the policy tension between the needs of law enforcement and the due process rights provided to the criminal defendant.

Course Goals: By the end of this course you should be able to understand and discuss:* the past and current socio-political climate of the Supreme Court's decisional process;* legal concepts utilized by the courts in criminal cases;* recent trends in decision-making regarding criminal procedural rights;* the legal underpinnings and parameters of jurisprudence in criminal cases;* current standards and legal tests utilized by the federal courts in deciding cases;

You will also be able to discuss the law and policy consequences of cases involving:* the selective incorporation doctrine; * search and seizure; * the reasonable expectation of privacy;

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* evidentiary standards in criminal cases; * the plain view doctrine; * the acquisition of search warrants; * reasonable and probable cause; * electronic eavesdropping; * the exclusionary rule (and its multifarious exceptions); * exigent circumstances; * automobile searches; * airport searches; * stop and frisk doctrine; * searches incident to arrest; * border searches; * right to counsel in both misdemeanor and felony cases; * Miranda rights; custodial interrogation rights; * bail and pretrial release; * grand jury decisional process; * the right to a fair trial; * jury selection and peremptory challenges; and* habeas corpus.

You should also be able to:* brief court decisions.* conduct appellate court research.* present appellate court arguments.* argue principles involved in Constitutional cases.* articulate policy arguments for or against governmental infringement into individual rights.

Course Evaluation: Your grades will be determined by the following criteria.1st Exam = 20%2nd Exam = 20%3rd Exam=20%iClicker REEF Student Response System: 15% (1% each week)Group daily brief & group brief presentations=15% Moot Court Oral Argument OR Moot Court Written Brief = 10%

Exams: There are three in-class exams. All exams are evenly divided between multiple guess (35 questions-1 point each), short identifications (choice of 7 out of 15 worth 5 points each), and 1 take home essay (30 points). The final IS NOT comprehensive. It will focus on topics presented in the Unit III section of the class. No make-up exams will be allowed absent exigent circumstances. There are very few excuses for missing an exam and not contacting me in advance. Unexcused exams will receive a failing grade (0 points).

iClicker REEF Daily in-class questions and polls (“Clicking In”): This course relies on student response ware through iClicker REEF to encourage dynamic interaction during class. The first clicker question is within the first 5 minutes of class and the last one during the closing segment. Your grade is a percentage of times you “click” in, and if you get the questions right. If you snooze, you lose. There is a margin of error (we assume you will miss no more than 25 percent of the questions on any given day and still be able to make a perfect score). After that your grade begins to suffer. If you have set up the iClicker REEF the first week of school, I will give extra credit points. I begin counting clicker points the second week. Class attendance is not mandatory, but because of iClicker REEF, it’s a good idea. Attending daily is an easy way to get a great grade. To protect against iClicker REEF failing, I pass around a sign-up

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sheet sometime during class. This information is solely for the purpose of knowing whether you attended class and forgot to bring your smart device.

To facilitate learning your names & for ease of sending around sign-ins sheets. The first week of classes scope out where you would like to sit and stake out your claim. We will send around a sign-up sheet and that will be your assigned seat for the semester. That will also facilitate the use of the Socratic method typical of most law schools. You are expected to read and prepare for discussions even if you are not one of the Justice clerks assigned the brief for the day.

Technology is encouraged. Students are welcome to use laptop computers during lectures. We also use “Panopto” lecture capture so lectures are taped and linked to Blackboard. I do NOT guarantee that it will work all the time-your best defense is to be in class for lectures. Audio lectures are online under the Panopto folder—so if you miss class, be sure to hear and see what you missed. All of my notes are available on-line, and selling them to commercial vendors is a violation of intellectual property rights and state law.

Group Daily Briefs and Group Presentations: Each of you are assigned to be the “clerks” of the current U.S. Supreme Court Justices. In these teams you will collectively be responsible for the briefs due according to the syllabus schedule below (there are approximately three of you per justice). So the three of you are responsible for the briefs your Justice has been assigned. Between you, and the others in your Justice clerk pool, you are responsible for a written daily brief for the case you are assigned that day regarding the specific details and reasoning provided in the opinions. A sample brief is already available on Blackboard. Your Justice group will be the ones I call on in class to answer questions about the case. You may divide up the duties, but if you all want to do your own, you are free to do that as well. These "briefs" are submitted online and shared with the class as a review sheet. You are only graded for “completion” (did you do it or not), but I will not accept briefs that suck and reserve the right to return it to make you re-do it. Remember, you don’t want to humiliate yourself in front of the whole class. Besides you will need to know it for the test. Chapter readings and daily briefs should be completed for the dates they are assigned. Some of the reading is very dense and difficult. Give yourself enough time to get through all of the material. You must "brief" the case assigned and answer questions in class.

All daily briefs must be submitted in word format and submitted on http://learn.unt.edu before class the day it is due (with the exception of the first three which everyone is doing and can submit those on paper). As a pool clerk, some weeks you will have multiple briefs assigned to your groups. Therefore, make sure to pay attention to the syllabus. The briefs you submit will be posted in a folder where your classmates will be able to see your work. This is one way to help give you a better grasp of Supreme Court Opinions by viewing how others are understanding the same case you are reading.

Extra Credit Opportunities: I offer opportunities for extra credit. Lectures on campus, television programs, films, debates, and other public addresses are all possibilities and vary by semester. Extra credit is announced in class or on e-mail, and may be posted on Blackboard. There are "expiration dates" for the extra credit, so turn it in by the due date and according to instructions. I reserve the right to refuse extra credit if you miss the class when it was assigned. All extra credit points are added to your Unit III Exam grade to bring your overall average up. Please make a copy of ALL extra credit assignments before sending it on Blackboard.

Videos on Law & Order: The Agran text provides video links to clips from Law and Order episodes.You may watch up to 10 of the clips and provide an analysis (one page, single-space, 1 inch margin) of how the scene illustrates cases we study from the text. You must incorporate at least two or more cases we study into your analysis to explain the representation of “the law”. Did the show get it right or did they get it wrong? Most importantly, regardless of your answer, you must tell me why. While students

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frequently complain about the number of briefs that you are required to submit, you will find that when you are studying for the exams, these briefs save you! Do not freak out when you see how many briefs are assigned. I indicate in class which briefs are used for extra credit. I modify the number of briefs that are actually required--the remainder of the briefs that I do not assign are given to you as extra credit. If you did not buy the book new, you may not have access to the online material. I will make those links available for those of you that purchased a used book.

Moot Court Assignment: The final portion of your grade is the moot court argument. The assignment gives you the option of doing a written brief which will be submitted to me, OR an oral argument which you will present in front of “judges” (the Moot Court Executive Council, myself, and other students from the class. The topic for the oral argument and written brief is a controversy regarding self-incrimination under the Fifth Amendment and cruel and unusual punishment under the Eight Amendment. You can find your case problem here. You will ONLY argue EITHER the Fifth Amendment issue OR the Eighth Amendment issue. This assignment is discussed extensively in class!

Topics & Assignments-all assignments due at the beginning of class

Week 1 (Aug. 28 - Sept. 1)Tu-Lecture-Welcome to Legalease!Tu-Course Requirements, Intellectual Expectations and Policies, how to brief a caseTu-reading-Syllabus Tu-verify you are on http://learn.unt.edu today!

Th-Lecture-Whose rights are these anyway? Introduction to moot court argument, overview of U.S. court system and decision-makingTh-reading-the U.S. Constitution Th-reading the Moot Court Case ProblemTh-reading-Syllabus & Agran Chp. 1 “Useful and Amusing Introductory Concepts” (skim)Th-reading: Agran Chp. 2 “Core Constitutional Provisions and Doctrines” Th-return syllabus sheet with information and plagiarism policy statementTh-brief-Weeks v. U.S. p. 17 (All)Th-brief-Wolf v. Colorado p. 18 (All)Th-brief-Mapp v. Ohio p. 24 (All)

Week 2 (Sept. 4-8 no classes Mon. Sept. 4 for Labor Day! Too bad this class meets Tu/Th!) Tu-Lecture-X marks the spot! Why context mattersTu-reading: Agran Chp. 3 “Searches” Tu-brief-Katz v. U.S. p. 45 (Roberts)Tu-brief-U.S. v. Dunn p. 74 (Kennedy)Tu-brief-California v. Ciraolo p. 80 (Thomas)Tu-brief-California v. Greenwood p.87 (Ginsburg)Tu-brief-Kyllo v. U.S. p. 92 (Breyer)Tu-brief-U.S. v. Karo p.107 (Alito)Tu-brief-U.S. v. Jones. 117 (Sotomayor)Tu-brief-Illinois v. Caballes p. 131 (Kagan)Tu-brief-Florida v. Jardines.132 (Gorsuch)Tu-brief-Rakas v. Illinois p.148 (Roberts)Tu-brief-Minnesota v. Olson p. 158 (Kennedy)Tu-brief-Brendlin v. California p. 169 (Thomas)

Th-Lecture-All we want to do is talk…and gather some evidence

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Th-reading: Agran Chp. 10 “The Fifth Amendment and Police Interrogation” Th-brief-Miranda v. Arizona p. 786 (Kagan)Th-brief-Dickerson v. U.S. p.811 (Gorsuch)Th-brief-Oregon v. Mathiason p.823 (Roberts)Th-brief-Berkemer v. McCarty p.829 (Kennedy)Th-brief-Yarborough v. Alvarado p. 835 (Thomas)Th-brief-J.D.B. v. North Carolina p. 845 (Ginsburg)Th-brief-Howes v. Fields p.847 (Breyer)Th-brief-Brewer v. Williams p. 850 (Alito)Th-brief-Rhode Island v. Innis p.852 (Sotomayor)Th-brief-Arizona v. Mauro p.860 (Kagan)Th-brief-Illinois v. Perkins. 864(Gorsuch)Th-brief-Duckworth v. Eagan p.877 (Roberts)

Week 3 (Sept. 11-15)Tu-Lecture-Am I being interrogated officer?Tu-brief-Florida v. Powell p.882 (Kennedy)Tu-brief-Oregon v. Elstad p.886 (Thomas)Tu-brief-Missouri v. Seibert p. 894 (Ginsburg)Tu-brief-U.S. v. Patane p. 903 (Breyer)Tu-brief-New York v. Quarles p.911 (Alito)Tu-brief-Berghuis v. Thompkins p. 943 (Sotomayor)Tu-brief-Davis v. U.S. p.963 (Kagan)Tu-brief-Minnick v. Mississippi p.973 (Gorsuch)Tu-brief-Maryland v. Shatzer p.978 (Roberts)

Th-Lecture-When “The Man” wants your library card… and bloodTh-reading: Agran Chp. 12 “The Fifth Amendment Privilege Against Self-Incrimination in Other Contexts” Th-brief-Schmerber v. California p.1054 (Sotomayor)Th-brief-Hiibel v. Sixth Judicial District Court of Nevada p.1064 (Reprise) (Kagan)Th-brief-Andresen v. Maryland p. 1070 (Gorsuch)Th-brief-Baltimore Department of Social Services v. Bouknight p. 1074 (Roberts)Th-brief-U.S. v. Hubbell.1083 (Kennedy)

Th-Assignment- Sign-up during class indicating whether you want to be: 1) Fifth or Eighth Amendment 2) Petitioner or Respondent3) Oral Argument or Written Brief

Week 4 (Sept. 18-22)Tu-Lecture-Moot Court Madness (volume I)Tu-Trop v. Dulles, 356 U.S. 86 (1958) (Roberts)Tu-Schmerber v. CA, 384 U.S. 757 (1966) (Sotomayor)Tu-Hutto v. Finney, 437 U.S. 678 (1978) (Kennedy)Tu-Rhode Island v. Innis, 446 U.S. 291 (1980) (Sotomayor)Tu-Estelle v. Smith, 451 U.S. 454 (1981) (Thomas)Tu-Rhodes v. Chapman, 452 U.S. 337 (1981) (Ginsburg)Tu-Doe v. United States, 487 U.S. 201 (1988) (Breyer)Tu-Pennsylvania v Muniz, 496 U.S. 582 (1990) (Alito)Tu-Harmelin v. Michigan, 501 U.S. 957 (1991) (Kagan)

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Th-Lecture-Moot Court Madness (volume II)Th-Hudson v. McMillian, 503 U.S. 1 (1992) (Gorsuch)Th-Helling v. McKinney, 509 U.S. 25 (1993) (Roberts)Th-Madrid v. Gomez, 889 F. Supp. 1146 (N.D. Cal. 1995) (Thomas)Th-United States v. Hubbell, 530 U.S. 27 (2000) (Kennedy)Th-Kyllo v. US, 533 U.S. 27 (2001) (Breyer)Th-Ewing v. California, 538 U.S. 11 (2003) (Ginsburg)Th-Roper v. Simmons, 543 U.S. 551 (2005) (Breyer)Th-United States v. Weber, 451 F.3d 552 (9th Cir. 2006) (Alito)Th-Commonwealth v. Knoble, 42 A.3d 976 (Pa. 2012) (Kagan)Th-United States v. Von Behren , 822 F.3d 1139 (10th Cir. 2016) (Gorsuch)

Th-Assignment-Take Home Essay for test next week distributed on Blackboard & sent on email

Week 5 (Sept. 25-29)Tu-Review & play catch upTh-UNIT I EXAM-You can only take your exam from 12:30 pm – 1:50 pm in 312 Wooten. You will need a laptop (fully charged, I cannot guarantee access to an outlet). If you do not have a laptop, sign up to check out a laptop. What to do if you don’t have a tablet or laptop, you can check out laptops at the following locations:

a. Willis Library: 24 Commons, First Floor (MacBook or Dell)b. Discovery Park: Library Service Desk, Room B112 (Dell only)c. Eagle Commons Library: Library Service Desk, First Floor (Dell only)d. See your TA the 1st week of class to request a laptop. See your TA & plan accordingly. e. You can take the “old school” paper & pencil exam, but you cannot get your grade back for 5-7

business days.

Week 6 (Oct. 2-6)Tu-Lecture-Can you predict the future?Tu-reading: Agran Chp. 4 “Probable Cause and Warrants”Tu-brief-Illinois v. Gates p.179 (Ginsburg)Tu-brief-Maryland v. Pringle p. 188 (Breyer)Tu-brief-Florida v. Harris p.191 (Alito)Tu-brief-Shadwick v. City of Tampa p.205 (Sotomayor)Tu-brief-Andresen v. Maryland p.208 (Kagan)Tu-brief-Groh v. Ramirez p.212 (Gorsuch)Tu-brief-U.S. v. Grubbs p. 218 (Roberts)Tu-brief-Richards v. Wisconsin p.220 (Kennedy)Tu-brief-Muehler v. Mena p.226 (Thomas)Tu-brief-Bailey v. U.S. p.229 (Ginsburg)Tu-brief-Maryland v. Garrison p.230 (Breyer)Tu-brief-Los Angeles County, California v. Rettele p. 235 (Alito)

Th-Lecture-No if, ands, or buts about it! Except…Th-reading: Agran Chp. 5 “Exceptions to the Search Warrant Requirement”Th-brief-Missouri v. McNeely p.249 (Sotomayor)Th-brief-Kentucky v. King p.257 (Kagan)Th-brief-Illinois v. McArthur p.263 (Gorsuch)Th-brief-Michigan v. Fisher p.268 (Roberts)

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Th-brief-Mincey v. Arizona p.271 (Kennedy)Th-brief-Chimel v. California p.273 (Thomas)Th-brief-Maryland v. Buie p.277 (Ginsburg)Th-brief-Maryland v. King p.294 (Breyer)Th-brief-Riley v. California p.306 (Alito)Th-brief-Arizona v. Gant p.320 (Sotomayor)Th-brief-Knowles v. Iowa p.330 (Kagan)

Th-Assignment-Rough draft of moot court outline due with cases used to argue points (both oral argument & written brief)

Week 7 (Oct. 9-13)Tu-Lecture-With my own eyes-plain view and consent Tu-brief-Horton v. California p. 341 (Gorsuch)Tu-brief-Arizona v. Hicks p.344 (Roberts)Tu-brief-Minnesota v. Dickerson p. 351 (Kennedy)Tu-brief-California v. Carney p.360 (Thomas)Tu-brief-California v. Acevedo. 365 (Ginsburg)Tu-brief-Illinois v. Lafayette p. 376 (Breyer)Tu-brief-Illinois v. Rodriguez p.388 (Alito)Tu-brief-Georgia v. Randolph p.394 (Sotomayor)Tu-brief-Fernandez v. California p. 401 (Kagan)

Th-Lecture-I know my rights! …or at least I think I do.Th-reading: Agran Chp. 6 “Seizures of Persons”Th-brief-U.S. v. Mendenhall p. 415 (Gorsuch)Th-brief-Florida v. Bostick p.424 (Roberts)Th-brief-U.S. v. Drayton p.425 (Kennedy)Th-brief-California v. Hodari D. p.434 (Thomas)Th-brief-Terry v. Ohio p.439 (Ginsburg)Th-brief-Florida v. J.L. p. 459 (Breyer)Th-brief-Brown v. Texas p.463 (Alito)Th-brief-Illinois v. Wardlow.465 (Sotomayor)Th-brief-Hiibel v. Sixth Judicial District Court of Nevada p. 472 (Kagan)Th-brief-Minnesota v. Dickerson p. 476 (Gorsuch)Th-brief-U.S. v. Arvizu p. 489 (Roberts)Th-brief-Navarette v. California p. 494 (Kennedy)

Week 8 (Oct. 16-20)Tu-Lecture-Somebody stop me! Tu-brief-Heien v. North Carolina p. 503 (Thomas)Tu-brief-Arizona v. Johnson p. 505 (Ginsburg)Tu-brief-Hayes v. Florida p.518 (Breyer)Tu-brief-U.S. v. Sharpe p. 522 (Alito)Tu-brief-Payton v. New York p. 531 (Sotomayor)Tu-brief-Welsh v. Wisconsin p. 538 (Kagan)Tu-brief-Atwater v. City of Lago Vista p.542 (Gorsuch)Tu-brief-Virginia v. Moore p.551 (Roberts)Tu-Outline of moot court argument (both those doing either written briefs and oral arguments)

Th--Assignment-Final draft of moot court outline due with cases used to argue points

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Th-Appointments with Dr. King to go over arguments as needed

Week 9 (Oct. 23-27)Tu-Lecture-High School…the good ole days!Tu-reading: Agran Chp. 7 “The Fourth Amendment in Special Contexts” Tu-brief-New York v. Burger p. 561(Kennedy)Tu-brief-U.S. v. Flores-Montano p. 573 (Thomas)Tu-brief-U.S. v. Montoya de Hernandez p.576 (Ginsburg)Tu-brief-Michigan Department of State Police v. Sitz. 589 (Breyer)Tu-brief-City of Indianapolis v. Edmond p.595 (Alito)Tu-brief-Illinois v. Lidster p.601 (Sotomayor)Tu-brief-Samson v. California p.612 (Kagan)Tu-brief-New Jersey v. T.L.O. p.619 (Gorsuch)Tu-brief-Safford Unified School District #1 v. Redding p.628 (Roberts)

Th-Lecture-Protecting those who can’t or don’t protect themselvesTh-brief-Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls p. 635 (Kennedy)Th-brief-Chandler v. Miller p. 651 (Thomas)Th-brief-Ferguson v. City of Charleston p.652 (Ginsburg)Th-brief-City of Ontario, California v. Quon p. 662 (Breyer)Th-Winston v. Lee p. 664 (Alito)

Th-Moot Court Written Brief Rough Draft DueTh-Assignment-Take Home Essay for test next week distributed on Blackboard & sent on email

Week 10 (Oct. 30 - Nov. 3)Tu-Lecture-Play catch up on lecture-We will hold class!

Th-UNIT II EXAM-YOU can only take your exam from 12:30 am – 1:50 pm in 312 WootenYou will need a laptop (fully charged, I cannot guarantee access to an outlet). If you do not have a laptop, sign up to check out a laptop. What to do if you don’t have a tablet or laptop, you can check out laptops at the following locations:

a. Willis Library: 24 Commons, First Floor (MacBook or Dell)b. Discovery Park: Library Service Desk, Room B112 (Dell only)c. Eagle Commons Library: Library Service Desk, First Floor (Dell only)d. See your TA the 1st week of class to request a laptop. See your TA & plan

accordingly. e. You can take the “old school” paper & pencil exam, but you cannot get your grade

back for 5-7 business days.

Week 11 (Nov. 6-10)Tu & Th-Assignment-Moot Court Oral Arguments (taped during class time) (only those doing Oral Argument OptionTh-Rough Drafts returned for those not submitting written brief to national competition (see Dr. King if you are interested).

Week 12 (Nov. 13-17)Tu-Lecture-You can’t handle the truth!Tu-reading: Agran Chp. 8 “Exceptions to the Exclusionary Rule”

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Tu-brief-Nix v. Williams p.679 (Sotomayor)Tu-brief-New York v. Harris p. 700 (Kagan)Tu-brief-U.S. v. Leon p.711 (Gorsuch)Tu-brief-Massachusetts v. Sheppard p.726 (Roberts)Tu-brief-Tu-brief-Herring v. U.S.728 (Kennedy)Tu-brief-Davis v. U.S. p.735 (Thomas)Tu-brief-Hudson v. Michigan p.738 (Ginsburg)

Lecture-Good cop, bad copTu-reading: Agran Chp. 9 “Due Process and Police Interrogation”Tu-brief-Arizona v. Fulminante p.756 (Breyer)Tu-brief-Spano v. New York p. 763(Alito)Tu-brief-Colorado v. Connelly. 773 (Sotomayor)

Th-No Class! (Make up presentations for those missing Oral Arguments & review for self-critique).

Week 13 (Nov. 20-24)—Thanksgiving Break [No Classes Held Nov. 24 & Nov. 27]NO CLASS TO MAKE UP FOR HOW HARD THIS CLASS IS!

Week 14 (Nov. 27-Dec. 1)Tu-Lecture-Don’t the cops ever learn?Tu-reading: Agran Chp. 11 “The Sixth Amendment Right to Counsel and ‘Deliberate Elicitation”’Tu-brief-Massiah v. U.S. p.989 (Kennedy)Tu-brief-Brewer v. Williams p. 993 (Thomas)Tu-brief-Fellers v. U.S. p.1013 (Ginsburg)Tu-brief-Texas v. Cobb p. 1019 (Breyer)Tu-brief-Montejo v. Louisiana p.1037 (Alito)

Th-Assignment-Moot Court Written Brief DueTh-Assignment-Moot Court Oral Argument Self-Critique Due

Week 15 (Dec. 4-8) NO CLASSES DEAD WEEK!

Week 16 (Dec 14-18) FINALS WEEK!! Th-UNIT II EXAM-You can only take your exam from 12:30 am – 1:50 pm in 312 Wooten. You will need a laptop (fully charged, I cannot guarantee access to an outlet). If you do not have a laptop, sign up to check out a laptop. What to do if you don’t have a tablet or laptop, you can check out laptops at the following locations:

a. Willis Library: 24 Commons, First Floor (MacBook or Dell)b. Discovery Park: Library Service Desk, Room B112 (Dell only)c. Eagle Commons Library: Library Service Desk, First Floor (Dell only)d. See your TA the 1st week of class to request a laptop. See your TA & plan accordingly. e. You can take the “old school” paper & pencil exam, but you cannot get your grade back for 5-7

business days. Finals scheduled according to UNT policy & no excused absences without Dean's approval.

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MOOT COURT WRITTEN BRIEFS AND ORAL ARGUMENTS

The written brief or oral argument comprise ten percent (10%) of your grade. Therefore, it is important that you spend a fair amount of time preparing (approximately 30-35 additional hours of work). The cases you use for your oral argument are contained in the case problem and are part of your daily brief assignments for material we go over in class. Questions about those cases will be on the test.

The objective of this exercise is to help you acquire skills in legal research and writing, or if you choose to do the oral argument, it will help you with your verbal advocacy skills. Additionally, the exercise is designed to help you develop argumentation and debate capabilities regardless of whether you choose the written or oral argument component. Part of this process is to assist you in becoming comfortable with legal research and analytical thinking.

Regardless of whether you are writing the brief or doing the oral argument, you must turn in a one page single spaced outline of your legal points which forms the skeleton of your argument. This outline will become the basis of your written brief or oral argument. We go over this in class, and a sample outline from a previous semester is provided on Blackboard.

Written BriefIf you are writing the moot court brief, you are required to prepare a written argument. The argument should be 8-10 pages, double-spaced, typed (the margins should be no more than one inch on all sides, and only 10 and 12 point font types should be used). You will first write an outline of the key legal points (along with case law), and then flesh that structure out to be a full written brief of your arguments. You do not include separate sections for table of contents, summaries of the legal argument or fact statements unless you are thinking about competing in the national competition. If you are interested in this, please see Dr. King or the TA as soon as possible. You may do a rough draft for me to review (if you are not competing in the national moot court competition which prohibits them as part of the rules).

Oral ArgumentIf you choose to do the oral argument, you will present your oral argument for 10 minutes in front of the Moot Court team, other faculty member, and/or myself and other attorneys who will be asking you questions about the facts and legal issues of your case and argument. You will only argue one side, one issue—1) Petitioner Fifth Amendment; 2) Respondent Fifth Amendment; 3) Petitioner Eighth Amendment; or 4) Respondent Eighth Amendment. You will compete against someone on your issue (either Fifth OR Eighth Amendment not both). The argument lasts approximately ten (10) minutes including the time allotted for answering questions from the panel.

These presentations will be videotaped so I may grade them. As part of your grade, you must also review your tape (we will make arrangements to get you a copy of your performance), and you will have to provide a written constructive critique of what you did well and where you can improve. This self-critique must be single-spaced, typed (the margins should be no more than one inch on all sides, and only 10 and 12 point font types should be used). You will also fill out a judge ballot scoring yourself for your presentation. Due according to the dates on the syllabus.

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University of North Texas-ADA, Plagiarism Compliance (Fall 2017)

Name: email account: @College Phone: ( ) Home Phone: ( ) Gender: ___Male ___ Female Date of Birth ____Year in school: Transfer? YES NO (if so, which school):Major: Minor: Have you ever taken a class from Dr. King before? YES NO1) What is the first Supreme Court decision you remember?

2) Why do you think some people are “turned off” by judicial branch?

Please circle answers to the following questions.3) How interested are YOU in the Supreme Court?

Not at all interested Indifferent Somewhat interested Very interested

4) How frequently were political issues & judicial decisions discussed when you were growing up?

Never Sometimes Frequently

This certifies that I have read the syllabus and understand the requirements for the course. I also understand the Policy on Cheating and Plagiarism. I agree to abide by academic honesty outlined by the Center for Student Rights & Responsibilities www.unt.edu/csrr/ and have read the material about my rights and the sanctions that can be imposed if I violate the student code of conduct. I verify that all work done in this class will be my own, that I will cite or quote sources when I draw from other authors' material, and that I will present only accurate and truthful information to the professor and the teaching assistants. Furthermore I understand that violating the policy will result in an automatic "F" for the course and referral to the Dean of Students for disciplinary proceedings and dismissal.

Signature: _________________________________________ Date:_________________

Printed Name: ______________________________________ EUID:________________

Scan & submit on Blackboard under “Extra Credit” folder first week of class

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Department Statement of ADA complianceThe University of North Texas makes reasonable academic accommodation for students with disabilities. Students seeking accommodation must first register with the Office of Disability Accommodation (ODA) to verify their eligibility. If a disability is verified, the ODA will provide you with an accommodation letter to be delivered to faculty to begin a private discussion regarding your specific needs in a course. You may request accommodations at any time, however, ODA notices of accommodation should be provided as early as possible in the semester to avoid any delay in implementation.

Note that students must obtain a new letter of accommodation for every semester and must meet with each faculty member prior to implementation in each class. For additional information see the Office of Disability Accommodation You may also contact them by phone at 940.565.4323.

University of North Texas -- Department of Political SciencePOLICY ON CHEATING AND PLAGIARISM

The UNT Code of Student Conduct and Discipline defines cheating and plagiarism as the use of unauthorized books, notes, or otherwise securing help in a test; copying others' tests, assignments, reports, or term papers; representing the work of another as one's own; collaborating without authority with another student during an examination or in preparing academic work; or otherwise practicing scholastic dishonesty.

Normally, the minimum penalty for cheating or plagiarism is a grade of "F" in the course. In the case of graduate departmental exams, the minimum penalty shall be failure of all fields of the exam. Determination of cheating or plagiarism shall be made by the instructor in the course, or by the field faculty in the case of departmental exams.

The misuse of iClicker REEF will be considered a violation of academic integrity and will be treated as cheating. For this class, iClicker REEF is to be used as a learning tool by you in the classroom. Misuse would include submitting answers for a friend who is not in attendance in class, submitting answers when you are absent, having someone else submit answers for you when you are absent, or any other use of iClicker REEF by which you are not submitting your own work in class.

Cases of cheating or plagiarism on graduate departmental exams, theses, or dissertations shall automatically be referred to the departmental Graduate Studies Committee. Cases of cheating or plagiarism in ordinary coursework may, at the discretion of the instructor, be referred to the Undergraduate Studies Committee in the case of undergraduate students, or the Graduate Studies Committee in the case of graduate students. These committees, acting as agents of the department Chair, shall impose further penalties, or recommend further penalties to the Dean of Students, if they determine that the case warrants it. In all cases, the Dean of Students shall be informed in writing of the case.

Students may appeal any decision under this policy by following the procedures laid down in the Code of Student Conduct.

University of North Texas -- Department of Political SciencePOLICY ON ACADEMIC INTEGRITY

The Political Science Department adheres to and enforces UNT’s policy on academic integrity (cheating, plagiarism, forgery, fabrication, facilitating academic dishonesty and sabotage). Students in this class should review the policy (UNT Policy Manual Section 18.1.16), which may be located at Violations of academic integrity in this course will addressed in compliance with the penalties and procedures laid out in this policy. Students may appeal any decision under this policy by following the procedures laid down in the UNT “Student Standards of Academic Integrity

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Acceptable Student Behavior:Student behavior that interferes with an instructor’s ability to conduct a class or other students' opportunity to learn is unacceptable and disruptive and will not be tolerated in any instructional forum at UNT. Students engaging in unacceptable behavior will be directed to leave the classroom and the instructor may refer the student to the Center for Student Rights and Responsibilities to consider whether the student's conduct violated the Code of Student Conduct. The university's expectations for student conduct apply to all instructional forums, including university and electronic classroom, labs, discussion groups, field trips, etc.

SEXUAL DISCRIMINATION, HARRASSMENT, & ASSAULT                                                                                        UNT is committed to providing an environment free of all forms of discrimination and sexual harassment, including sexual assault, domestic violence, dating violence, and stalking. If you (or someone you know) has experienced or experiences any of these acts of aggression, please know that you are not alone. The federal Title IX law makes it clear that violence and harassment based on sex and gender are Civil Rights offenses. UNT has staff members trained to support you in navigating campus life, accessing health and counseling services, providing academic and housing accommodations, helping with legal protective orders, and more.  UNT’s Dean of Students’ website offers a range of on-campus and off-campus resources to help support survivors, depending on their unique needs: http://deanofstudents.unt.edu/resources_0.  Renee LeClaire McNamara is UNT’s Student Advocate and she can be reached through e-mail at SurvivorAdvocate@unt.edu or by calling the Dean of Students’ office at 940-565-2648.  You are not alone.  We are here to help. (3)  In addition, please make a note of the following edits to the incomplete policy at UNT.  You may be aware of this, and some of you experienced this policy last semester.  The University is working on a revision to Incompletes in the following way.  This is not something that I include in my syllabi.INCOMPLETE (I) INFORMATION FOR FEDERAL/ STATE LAWS Instructors may receive requests for Incompletes (I) at any time during the semester from the Dean of Students office, Title IX Coordinator, or Survivor Advocate due to circumstances regarding Title IX (Including Pregnancy & Parenting), the Americans with Disabilities Act or Active Duty Military, in order to comply with interim measures as required by federal and state laws. When the instructor is contacted by one of these departmental officials, all efforts should be made to grant the incomplete to the student, and the appropriate documents should be completed by instructor for grading. The instructor will determine how the course will be completed within the one year allotment (i.e. complete remaining course work or retake the course).  It is the responsibility of the student to contact the instructor and meet the expectations as outlined by the instructor to ensure completion of the course within the one year allotment. If the student does not complete the required work by the stipulated deadline (not to exceed one year), then the grade of I will default to an F (or other grade as specified by the instructor).

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