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Criminal Law and CJC 131 and CJC 132 – Criminal Procedure

 

By

Module Author(s)

  • Kyndra Messick, JD (Gaston College)

Course Description

CJC 131 – Criminal Law: This course covers the history/evolution/principles and contemporary applications of criminal law. Topics include sources of substantive law, classification of crimes, parties to crime, elements of crimes, matters of criminal responsibility, and other related topics. Upon completion, students should be able to discuss the sources of law and identify, interpret, and apply the appropriate statutes/elements.
CJC 132 – Criminal Procedure: This course covers judicial structure/process/procedure from incident to disposition, kinds and degrees of evidence, and the rules governing admissibility of evidence in court. Topics include consideration of state and federal courts, arrest, search and seizure laws, exclusionary and statutory rules of evidence, and other related issues. Upon completion, students should be able to identify and discuss procedures necessary to establish a lawful arrest/search, proper judicial procedures, and the admissibility of evidence.

Number of Students Enrolled: 19

Student Global Learning Outcomes

1.Identify and understand the types of criminal justice systems currently in use in the United States and Asia, specifically China, Japan, and South Korea.
2.Understand the history and foundations of each of the different justice systems, and how the differences between the systems can lead to different outcomes for similarly accused.
3.Explain the different structures of the justice systems in each country, specifically the court systems of each, and how a criminal case makes its way from inception to disposition.

Module Description and Activities

Description of Module

This global module will focus specifically on Asia (China, South Korea, and Japan). Students will learn about the inquisitorial system of justice, found in some Asian countries, particularly China and Japan. Students will learn specifically about how these systems of justice compare to the adversarial system of justice used in the United States and in conjunction with the inquisitorial system found in South Korea. The concepts of unlawfully obtained evidence, right versus duty to remain silent, and presumption of innocence will be covered. Students will identify various sources of law, such as constitutions, statutes, and legislative amendments, analyzing how these sources are used to build a foundation for the different types of criminal justice systems found in these global areas.  As a result of completing this module, students will become better equipped to understand the roles of criminal justice professionals and what limits are placed on them by the justice system within their global area.

Student Global Learning Outcomes: 

  1. Identify and understand the types of criminal justice systems currently in use in the United States and Asia, specifically China, Japan, and South Korea.
  2. Understand the history and foundations of each of the different justice systems, and how the differences between the systems can lead to different outcomes for similarly accused.
  3. Explain the different structures of the justice systems in each country, specifically the court systems of each, and how a criminal case makes its way from inception to disposition.

Student Global Learning Activities

Activity 1

Title: Adversarial vs. Inquisitorial: How does your justice system operate?

Objective:

Students will explore the inquisitorial and adversarial systems of justice found in the United States and Asian countries. In particular, students will analyze each country’s specific type of justice system that is currently being utilized and how it impacts the criminal justice system from case inception to case disposition.

Procedure:

This project will take place as part of a lesson about the structure of the United States legal system, including jurisdiction, with the chapter entitled “Introduction to the Legal System of the United States”. Students will be provided chapter material that contains an overview of court jurisdiction and how courts in the United States are set up, from trial court to US Supreme Court. Students will learn about courts at the federal and state level, how a case enters the justice system, and the roles of different players working within the court system.

Next, students will learn about the Chinese, Japanese, and South Korean judiciaries, both the formal and informal justice systems. Students will receive information illustrating the structure of these justice systems, as well as information regarding the history and establishment of each country’s courts.

After researching the different justice systems, students will participate in an online discussion that takes place within a discussion board forum, and include the required guidelines, as detailed below. Within the discussion board, students will address prompts provided by the instructor, also detailed below.

Guidelines:

  • Please review the Class Participation – Discussion Board instructions. Pay particular attention to the length requirements for each post, as well as the due date.
  • For your initial post in the discussion board, you must have at least one paragraph per justice system being discussed, with each paragraph containing at least three sentences. You must also address the included prompts within your initial post.
  • To receive full credit, students must respond to at least one other student’s initial post within the discussion board with thoughtful and insightful comments.

Prompts:

  1. Choose one of the Asian countries studied. What are three similarities between the US justice system and the judiciary of your chosen country?
  2. What are three differences between the US justice system and the judiciary of your chosen country?
  3. What role do the prosecutor and judge play in each system? How much power does each have within those systems?
  4. Which system do you think offers the most just or most fair procedures from the perspective of the accused? Explain your answer using specific examples.
  5. If you were given the opportunity to change the US justice system by including something from one of the discussed judiciaries, what addition would you include? Explain your answer.

Assessment:

Students will be assessed on the discussion through the attached rubric.

The discussion board post will be considered within the “Assignment” category, which is 35% of the student’s final grade.

Follow-up:

Students will follow up with a review of the material and resources covered in this lesson in a brief post-discussion board summary. Students will reflect on topics put forth within the discussion board, and analyze the biggest differences between the three justice systems that were discussed by the class.

Resources and references used in the creation of the module (e.g. books, articles, etc.):

Activity 2

Title: Rights of the Accused: US Bill of Rights vs. Chinese Criminal Procedure Law

Objective:

Students will read and analyze the different documents that establish the rights of the accused in their respective countries/territories. First, students will look at the United States Constitution, specifically the first ten amendments known as the Bill of Rights. Second, students will examine the Chinese Constitution and the rights contained within. Third, students will be given Constitution of the Republic of Korea and any current amendments. Finally, students will have an opportunity to view the Constitution of Japan. Once all the documents have been read and analyzed, students will be able to compare and contrast the rights afforded to those accused of criminal activity in the different countries.

Procedure:

After reading and analyzing the above-mentioned documents, students will be tasked with completing a research paper that lays out similarities and differences between the rights of an accused in the various countries of the world. This research paper will take place as part of a lesson about the Bill of Rights. This lesson will provide a comprehensive overview of the United States Bill of Rights, the specific rights afforded to a criminal defendant, and the consequences for violating these rights. Students will be introduced specifically to the 4th, 5th, 6th, & 8th Amendments to the United States Constitution, and learn how those rights help to protect those accused of criminal activity.

Students will be provided with additional resources beyond their course textbook that provide an overview and analysis of the named Asian countries. Students will then complete a research report including the following guidelines and instructions:

Guidelines:

The total length of the research paper should be 4-5 pages.

  • The body of the report should be double spaced, 12-point font, Times New Roman.
  • The analysis section of your report should be at least two pages, minimum.
  • The summary section for each body of law should be at least one page, minimum.

Assessment:

Students will be assessed on the research report through the attached rubric, entitled “Rubric for the Assessment of the Research Report”.

The research paper will be included within the “Assignment” category, which is 35% of the student’s final grade.

Follow-up:

Students will follow up with a review of the material, and resources covered within the lesson included on a quiz. On the lesson quiz, students will complete multiple choice, matching, true/false, and short answer questions that will assess their knowledge of the material.

Resources and references used in the creation of the module (e.g. books, articles, etc.):

Activity 3

Title: Burden of Proof: What is the standard for conviction in each country?

Objective:

Students will investigate the standards of proof for criminal conviction in the United States and the specified Asian countries. In particular, students will explore the topic of “burden of proof” and what that means for the accused in each country. What type of evidence is allowed, how evidence is presented to the court, and who has the burden of proving an accused’s guilt are the types of questions students will consider during this activity.

Procedure:

Students will be provided chapter material that contains information regarding standards of proof, burden of proof in United States criminal court, and Federal Rules of Criminal Procedure regarding evidence. Students will consider these ideas as they investigate similar information from China, South Korea, and Japan.

Next, students will be given information concerning burdens of proof and evidence presentation viewed in the lens of the Chinese, South Korean, and Japanese courts.

After having the opportunity to view the information from the differing countries, students will be divided into groups representing each country. Each group will be tasked with creating a PowerPoint presenting the ideas from their respective countries addressing the following:

  • What is the burden of proof in criminal law in your represented country?
  • Who has the burden of proving the accused’s guilt or innocence in that country?
  • What types of evidence are allowed/not allowed to be presented to the court in order to meet this burden?

Guidelines:

  • Each PowerPoint presentation should contain at least five (5) slides, with a maximum of ten (10) slides.
  • All group members should contribute to the creation of the presentation. Individual assessments will be given by all group members.
  • A reference slide must be included in the PowerPoint presentation.

Assessment:

Students will be assessed on the presentation through the attached rubric.

The presentation will be included within the “Assignment” category, which is 35% of the student’s final grade.

Follow-up:

Students will follow up with a review of the material and resources covered in this lesson in a brief quiz regarding standards of proof and burdens of proof in criminal court. Students will be asked questions pertaining to the topics covered in the PowerPoint presentations.

Resources and references used in the creation of the module (e.g. books, articles, etc.):

Activity 4

Title: Judge or Jury: who will decide the outcome?

Objective:

In this activity, students will become familiar with the idea of the “trier of fact” in a criminal court setting. Students will delve into the United States court system’s model of using both judge and jury as options for deciding different issues in the criminal court setting. Students will also explore how/if both judges and juries are used in China, South Korea, and Japan in a criminal court setting.

Procedure:

After reading and analyzing documents pertaining to roles of the judiciary and jury in a criminal court setting for the United States and specific Asian countries, students will be tasked with completing a research paper that lays out similarities and differences between the various countries of the world. This research paper will take place as part of a lesson about the criminal trial process. This lesson will provide a comprehensive overview of the United States trial court procedure, the specific rights pertaining to the right to trial by jury, and the role of the judge during the criminal proceedings.

Students will be provided with additional resources beyond their course textbook that provide an overview and analysis of the named Asian countries. Students will then complete a research report including the following guidelines and instructions.

Guidelines:

The total length of the research paper should be 6-8 pages.

  • The body of the report should be double spaced, 12-point font, Times New Roman.
  • The analysis section of your report should be at least two pages, minimum.
  • The summary section for each country should be at least one page, minimum.

Assessment:

Students will be assessed on the research report through the attached rubric, entitled “Rubric for the Assessment of the Research Report”.

The research paper will be included within the “Assignment” category, which is 35% of the student’s final grade.

Follow-up:

Students will follow up with a review of the material and resources covered in this lesson in a brief quiz. Students will be asked questions related to each individual country and their use of judges and juries as triers of fact during a criminal court procedure.

Resources and references used in the creation of the module (e.g. books, articles, etc.):

           https://www.courts.go.jp/english/vc-files/courts-en/Material/Outline_of_Criminal_Justice_in_JAPAN_2023.pdf

 

Criteria Novice Competent Proficient
References 0 to 2 points

Has reference page, if needed, but majority of in-text citations and /references are improperly cited or missing some citations or paper includes no when references are needed or required.

 3 to 4 points

Paper uses appropriate sources when needed but information is cited in the wrong format or paper does not use the required amount of sources but is properly cited.

 5 to 5 points

Appropriate use of sources are utilized and all information is properly cited in APA format with both in-text citations and a reference page.
Grammar and Sentence Structure  0 to 3 points

Paper has major grammar, sentence structure, or capitalization issues and is difficult to read and/or understand.

 4 to 7 points

Paper has some grammar, sentence structure, or capitalization errors that impacts the reading of the paper. Paper does not read easily and reader has some difficulty comprehending content.

 8 to 10 points

Proper use of grammar, sentence structure, and capitalization. Paper is coherent and flows and easy to read and understand with only minor or no mistakes.
Summary Sections 0 to 10 points

Incomplete summary of three main justice systems, with poor idea development.

 11 to 20 points

Summaries of three main justice systems are present, but incomplete information for one or more of the justice systems.

 21 to 30

Summaries for all three justice systems are present, and well constructed.
Analysis and Discussion 0 to 19 points

Paper does not address the majority of the discussion points in full detail. Paper lacks critical analysis of the issue and/ or support.

 20 to 35 points

Paper addresses most or all points required and outlined in the assignment but with some deficiencies in comprehensively addressing the topic. Discussion has some critical analysis but lacks depth and/or support.

 36 to 45 points

Paper addresses all the major discussion points required and outlined in the assignment in a clear and comprehensive manner. Discussion critically analyzes the topic and gives supporting evidence.
Introduction and Conclusion  0 to 0 points

No introduction or conclusion.

 0 to 5 points

Either introductory or conclusion paragraph is missing, or one of the included paragraphs is not fully developed.

 0 to 10 points

Includes fully developed introduction and conclusion paragraphs.
       

Rubric for the Assessment of the Research Report:

Grade: A = 90-100

B = 80-89

C = 70-79

D = 60-69

F = 59 or less

Discussion Board Rubric:

Excellent (22-25 points)

  • All components and questions are answered thoroughly.
  • Connect is made to course material and additional external resources.
  • Critical thinking is evident. Comments went beyond the obvious.
  • Thoughtful response(s) to fellow students’ posts.
  • Adds to the overall learning on the topic.

 

Average (19-22 points)

  • Most components or questions are answered, but not as thoroughly as above.
  • Connection is made to course material or additional external resources.
  • Critical thinking is lacking. Minimal new insight offered.
  • Little added to overall learning on the topic.

 

Below Average (≤18 points)

  • Components and questions are not answered completely.
  • No connection made to course material or external resources.
  • No responses to fellow students.
  • Simple agree or disagree statements offered.
  • No new insight offered.

 

PowerPoint Presentation Rubric:

Excellent (22-25 points)

  • All components and questions are answered thoroughly.
  • Connect is made to course material and additional external resources.
  • Critical thinking is evident. Comments went beyond the obvious.
  • Thoughtful response(s) to fellow students’ posts.
  • Adds to the overall learning on the topic.

 

Average (19-22 points)

  • Most components or questions are answered, but not as thoroughly as above.
  • Connection is made to course material or additional external resources.
  • Critical thinking is lacking. Minimal new insight offered.
  • Little added to overall learning on the topic.

 

Below Average (≤18 points)

  • Components and questions are not answered completely.
  • No connection made to course material or external resources.
  • No responses to fellow students.
  • Simple agree or disagree statements offered.
  • No new insight offered.

 

 

Resources and References Used in the Creation of the Module

See Activities.

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