JADM340 Full Course Latest November 2018

JADM340 Criminal Evidence

Week 1 Discussion

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While all of the States have rules of evidence, each is tailored to the states’ own needs or approaches.  Do you think there should be a single, unified approach to the rules of evidence employed by all of the states?  Why or why not?


Why do you think that the prosecution might include facts that are irrelevant to the case-in-chief during the opening statement?


JADM340 Criminal Evidence

Week 2 Discussion


Differentiate between circumstantial and direct evidence, explaining the role of presumption.  How would you categorize the following and why?  1)  prima facie evidence; 2) DNA evidence; 3) eyewitness testimony; 4) fingerprint evidence; and, 5) bullets removed from a victim’s body.


Discuss the search warrant (see link below) issued in the case of Caylee Anthony in terms of probable cause, staleness and particularity.  Were the items seized adequately described in the warrant?  Why or why not?


JADM340 Criminal Evidence

Week 3 Discussion


The Exclusionary Rule is a very important component of our constitutional protections.  What is the purpose of the Exclusionary Rule and why is its validity constantly arbitrated in the courts?


Do you think the experience of the police officer plays a part in justifying warrantless searches?  Why or why not? 




JADM340 Criminal Evidence

Week 4 Discussion


Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal, testimonial statements so that there is no protection against compulsory police identification procedures?  Why or why not?


In Miranda v. Arizona, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations.  Was the Court’s decision a wise one?  Why or why not?  


JADM340 Criminal Evidence

Week  5 Discussion


Discuss the challenges associated with child witnesses in the pre-trial and trial processes.  What do you think is the best criteria for determining the admissibility of a child’s testimony at trial? For some examples, read: PBS Frontline: Innocence Lost


Review and discuss the cases presented in the Forensic Fraud website (Links to an external site.)Links to an external site. of alleged, admitted and/or demonstrable forensic fraud committed by “expert” witnesses.  How do you think forensic fraud can be avoided in the future?


JADM340 Criminal Evidence

Week  6 Discussion


Consider this scenario:  Testimony relative to a drive-by shooting/homicide is given at a grand jury proceeding by several gang members and results in the issuance of a true bill.  Later, at the trial, the gang members go into hiding and are unavailable to testify for the prosecution.  Can their grand jury testimony be introduced at the trial?  Explain why or why not.


What is the rationale behind the marital communications privilege and the spousal testimonial privilege?  How do you think these types of privileged communications can be reconciled with the search for truth in the criminal justice process?  Which do you think is the most important?  Why?


JADM340 Criminal Evidence

Week 7 Discussion


How does the focus group suggest reconciliation between the fact that the law requires consistent application, whereas science is based on constant revisions and discoveries? Consider the difference in the evaluation process between the Frye and the Daubert standards.


Discuss the challenges faced in the prosecution of computer crimes.  What do the articles in the link propose in answer to these challenges?  Can you think of any other ways to meet these challenges?  https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf (Links to an external site.)Links to an external site.




JADM340 Criminal Evidence

Week 1 Homework

Page 25, Text: Discussion Questions 1, 3, 8.

Pages 62-63, Text: Discussion Questions 2, 4, 6.

Remember to submit your assignment for grading when finished.


JADM340 Criminal Evidence

Week 2 Homework

Page 88, Text: Discussion Questions 1, 7, and 8.

Page 105, Text: Discussion Questions 2, 4, and 6

Remember to submit your assignment for grading when finished.




JADM340 Criminal Evidence

Week 3 Homework

Page 127, Text: Discussion Questions 2, 5, and 7.

Page 154, Text: 1, 4, and 7.

Remember to submit your assignment for grading when finished.


JADM340 Criminal Evidence

Week 4 Homework

Page 178, Text: Discussion Questions 3, 5, 6, & 7.

Remember to submit your assignment for grading when finished.


JADM340 Criminal Evidence

Week 5 Homework

Page 201, Text; Discussion Questions 2 & 3.

Page 220, Text; Discussion Questions 1, 2, & 3.

Remember to submit your assignment for grading when finished.


JADM340 Criminal Evidence

Week 6 Homework

Page 241, Text: Discussion Questions 1 & 2.

Page 267, Text: Discussion Questions 3 & 4.


JADM340 Criminal Evidence

Week 7 Homework

Page 299, Text: Discussion Questions 1, 3, & 4.

Page 331, Text: Discussion Questions 1, 2, & 5.

Remember to submit your assignment for grading when finished.

JADM340 Criminal Evidence

Week 6 Course Project

Scenario Summary

The Defendant is on trial for calling in a false bomb scare and for inducing a panic at the college he attends.

Both the Prosecutor and the Defendant’s Defense Attorney plan on calling witnesses. They are veteran trial lawyers and have tried many criminal cases over the years.

Prosecutor calls Miss Maggie to the stand

Miss Maggie testifies that as she stood in the hallway of the main science building of the college, she heard a student that was walking by with another student say that a bomb had been planted somewhere in the building and it would go off at noon that day. The Prosecutor asks Miss Maggie if the person who made that statement was currently in the courtroom. Miss Maggie says nothing. Instead, she simply nods her head and points at the Defendant.

Defense Counsel cross-examines Miss Maggie 

On cross-examination, Defense Counsel offers a prior statement given by Miss Maggie on the day in question, where Miss Maggie gave a statement to the investigating police officers called to the college. In the statement offered by Defense Counsel, Miss Maggie told the police that she did not clearly see who had made the statement about the presence of a bomb in the building referred to during Direct Examination.

Defense Counsel calls Mr. Mickie to testify

The prosecution rests and the Defense Counsel calls its first witness, Mr. Mickie. Mr. Mickie testifies that he was standing near Miss Maggie at the time and on the date in question. According to Mr. Mickie, Miss Maggie turned to him and told him that she had just heard a student say that a bomb had been planted somewhere in the building. Mr. Mickie also testifies that when he asked Miss Maggie which student said the bomb had been planted, she just stared wide-eyed at Mr. Mickie and slowly shook her head.


Evaluate whether or not each of these verbal and nonverbal statements are hearsay.

Write at least a 3 page paper giving your analysis of the facts and statements, your conclusions, and the reasoning for your conclusions.

Note: Use of sources outside your text are acceptable, but be sure to provided citations.


Papers must be at 3 pages in length (this would be roughly 1 page per area included in the report), 10 point font, double-spaced, include a cover page, introduction, body of the report, summary or conclusion and works cited.

Even though this is not a scientific-type writing assignment, and is mostly creative in nature, references are still very important. At least 3 authoritative, outside references are required (anonymous authors or web pages are not acceptable). These should be listed on the last page titled “Works Cited”.

Appropriate citations are required using APA.

All DeVry University policies are in effect including the plagiarism policy.

Papers are due during Week 6 of this course.

Any questions about this paper may be discussed in the Course Q & A Forum.

This paper is worth 100 total points and will be graded on quality of research topic, quality of paper information, use of citations, grammar and sentence structure.

Remember to submit your assignment for grading when finished.

Grading Rubrics

Category              Points   Description

Content               70           Accurate and clear evaluation of the statements. Thorough discussion of how you reached your conclusions including your reasoning as to why each statement constitutes hearsay, or does not constitute hearsay.

Required length               5              Minimum 3 pages in length

Spelling and Grammer   15           Accurate spelling and grammar

Citations              10           Correct citations using APA

Total      100         A quality paper will meet or exceed all of the above requirements.

Best Practices

The following are the best practices in preparing this paper.

Cover Page – Include who you prepared the paper for, who prepared, and date.

Introduction – Use a header on your paper. This will indicate you are introducing your paper.

The purpose of an introduction or opening:

Introduce the subject and why the subject is important.

Previews the main ideas and the order in which they will be covered.

Establish a tone of the document.

Include in the introduction a reason for the audience to read the paper. Also, include an overview of what you are going to cover in your paper and the importance of the material. (This should include or introduce the questions you are asked to answer on each assignment.)

Body of Your Report – Use a header titled with the name of your project. Example: “The Development of Hotel X – A World Class Resort”. Then proceed to break out the main ideas. State the main ideas, state major points in each idea, provide evidence. Break out each main idea you will use in the body of your paper. Show some type of division like separate sections that are labeled; separate group of paragraphs; or headers. You would include the information you found during your research and investigation.

Summary and Conclusion – Summarizing is similar to paraphrasing bur presents the gist of the material in fewer words than the original. An effective summary identifies the main ideas and major support points from the body of your report. Minor details are left out. Summarize the benefits of the ideas and how the effect the tourism industry.

Work Cited – Use the citation format as specified in the Syllabus.

Additional hints on preparing the best possible project.

Apply a three step process of writing… Plan, Write, and Complete.

Prepare an outline of your research paper before you go forward.

Complete a first draft and then go back to edit, evaluate, and make any changes required.

Use visual communication to further clarify and support the written part of your report. Example graphs, diagrams, photographs, flowcharts, maps, drawings, animation, video clips, pictograms, Tables, and Gantt charts.


JADM340 Criminal Evidence

Week 3 Quiz

Question 1

 (TCO1) Law that defines the process of adjudication is known as:

  Common law

  Procedural law

  Substantive law

  Relevant law

  The Constitutional Imperative Doctrine

Question 2

(TCO1) Crimes that are not naturally immoral, but whose wrongness lies in their legal prohibition are regarded as:

  Mala in se

  Mala et al

  Mala prohibita

  Mala in fregit

  Mala aforethought


Question 3

(TCO1) Which Amendment of the U.S. Constitution protects religious freedom and freedom of speech?







 (TCO1) Which Amendment of the U.S. Constitution precludes searches and seizures without probable cause?







Question 5

(TCO1) Which Amendment of the U.S. Constitution protects individuals from cruel and unusual punishment?





  None of the above


Question 6

(TCO2) The Judiciary Act of 1789 was an attempt to establish a strong:

  State court system

  Federal court system

  Territorial court system

  National court system

  Parliamentary court system


Question 7

(TCO2) Which of the following contain all manner of of evidence within the case-in-chief?




  All of the above

  A & B only


Question 8

(TCO2) Which of the following are defenses raised in a criminal trial?




  All of the above

  None of the above


Question 9

(TCO3) Evidence is available in many forms and may be represented by which of the following?

  Material objects

  Scientific analysis

  Eyewitness accounts

  All of the above

  None of the above


Question 10

(TCO3) Evidence which “stands on its face” is called:

  Real Evidence

  Prima Facie Evidence

  Material Evidence

  Circumstantial Evidence

  Evidence Per Se


Question 11

(TCO3) There are some situations that arise in the criminal courts in which the jury is instructed on what to believe and are not free to draw independent inferences. these situations are such that jurors must adopt the statement or the evidence as fact. These situations include:



  Judicial notice

  All of the above

  None of the above


Question 12

 (TCO3) Adjudicative facts include which of the following?


  Legislative history

  Information about the impact of extant laws

  Statutory interpretation

  None of the above


Question 13

(TCO4) That standard of evidence necessary to effect the arrest of an individual or that induces the belief in the mind of a reasonable officer that the accused committed a crime:

  Reasonable suspicion

  Probable cause

  Beyond a reasonable doubt

  Beyond a scintilla of doubt

  Clear and convincing evidence


Question 14

 (TCO4) This Amendment of the U.S. Constitution provides that “…no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”:







Question 15

(TCO4) This type of warrant is extremely unique in that it is issued prior to the arrival of the evidence in a particular location:

  Sneak and Peak warrant

  No Knock warrant

  Antedated warrant

  Nighttime warrant

  Anticipatory warrant


Question 16

Not yet graded /

(TCO1)Explain the doctrine of Stare Decisis.

Question 17

 (TCO2)Discuss what is meant by an affirmative defense. How does an affirmative defense differ from a plea of nolo contendere?

Question 18

 (TCO3)Explain what types of inferences may not be drawn from circumstantial evidence.

Question 19

 (TCO4)Compare and contrast Sneak-and-peak Warrants from No-Knock Warrants. Give an example of each.



Week 6 Quiz

Question 1

(TCO4) The exclusionary Rule is one of the most controversial legal issues in criminal justice. Unlike other such rules, it is not grounded in the U.S. Constitution, but is simply a judicial remedy for violations involving which Amendment of the Constitution?

                First Amendment

                Fourth Amendment

                Fifth Amendment

                Sixth Amendment

                Eighth Amendment



Question 2

(TCO4) A variety of exceptions to the exclusionary rule have been carved out since its inception. The first of these exceptions was considered in Wong Sun v. U.S. and was a direct result of which of the following doctrines?

                Fruit of the Poisonous Tree Doctrine

                Silver Platter Doctrine

                Derivative Evidence Doctrine

                Strict Scrutiny Doctrine

                None of the above






Question 3

(TCO4) The distinction between curtilage and open fields is not necessarily an easy one. The courts have delineated which of the following factors which may be considered:

                The proximity of the area in question to the house

                The nature and use of the property in question

                The affirmative actions undertaken by the owner toensure privacy

                All of the above

                None of the above



Question 4


(TCO4) Which kind of search may be conducted if the circumstances are such that the interests of society outweigh the invasiveness of the action?


                Anticipatory searches


                Sneak and Peak


                Warrantless search


                All of the above


                A & C only






Question 5


(TCO4) Evidence may be admissible under this doctrine if the law enforcement officer was in a lawful position, the discovery was inadvertent, and the evidentiary value of the item seized is immediately apparent:


                The Terry Doctrine


                Plain View Doctrine


                The Hick’s Doctrine


                The Sneak and Peak Doctrine


                The Proximity Doctrine






Question 6


(TCO4) Which of the following types of search does not require probable cause, reasonable suspicion, or an articulable justification?




                Sneak and Peak


                No Knock


                All of the above


                None of the above






Question 7


(TCO5) Mistrials may be declared for which of the following reasons?


                Deadlocked juries


                Prosecutorial misconduct


                Procedural violations


                All of the above


                A & C only






Question 8


(TCO5) The so-called “bright-line rule”:


                Allows the interrogation of suspects to wear them down into confessing


                Allows for the continued questioning of a suspect until the arrival of his or her counsel


                Forbids future questioning so that the authorities are not able to wear down the suspect and persuade her to incriminate herself notwithstanding her earlier request for the assistance of counsel


                All of the above


                None of the above






Question 9


(TCO5) Which of the following is not typically included in the rights of the accused?


                Right to remain silent


                Anything said may be used against him


                Right to an attorney during questioning


                He must pay for his attorney


                None of the above are included in the rights of the accused






Question 10


(TCO6) Which of the following are the primary qualifications for witnesses in our court system?


                At least twenty-one years of age


                High School education or its equivalent


                tered voter


                Personal knowledge


                None of the above






Question 11


(TCO6) The American criminal justice system has a variety of provisions, which encourage the veracity of witnesses in a criminal trial. Which of the following


is not one of those provisions?


                Mandatory compulsion of personal appearance at trial


                Mandatory oaths and affirmations


                Direct testimony


                Legal ramifications for dishonesty


                None of the above






Question 12


(TCO6) Methods used to attack the competency of the witness through assertions of dishonest or untruthful behavior include:


                Uncharged crimes


                Bad deeds


                Past criminal convictions


                All of the above


                B & C only






Question 13


(TCO6) There are how many types of witnesses in a


criminal trial?
















Question 14


(TCO6) When a witness is questioned by the side who


called her:


                Cross Examination


                Rebuttal Examination


                Direct Examination




                Recross Examination






Question 15


(TCO6) The demonstration of the veracity of a

particular witness is often attempted immediately


                Direct Examination

                Redirect Examination

                Cross Examination

                Recross Examination

                None of the above



Question 16

(TCO4) Explain those instances when the fruit of the poisonous tree doctrine does not apply.

Question 17

(TCO4) Explain how reasonable suspicion relates to an investigative detention.

Question 18

(TCO5) Explain the public safety and rescue doctrine exceptions t

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