SCIENTIFIC EVIDENCE & THE LAW
CJ 4850
SPRING 2006
Professor: Phyllis B. Gerstenfeld, J.D., Ph.D.
Office: C213B
Phone: 667-3229
E-mail: PGerstenfeld@csustan.edu
Required Texts:
Moenssens, A. et al. (1995). Scientific Evidence in Civil and Criminal Cases, 4th Ed. Foundation Press, Inc.
Various cases, TBA. Cites and links to these cases can be found on the class web page: http://cjwww.csustan.edu/cj/courses/scientific.html
Course Methods and Procedure:
This course will consist primarily of lecture and case study analysis. All students are expected and required to engage in classroom discussion on class material and lectures, and to brief the assigned cases.
Grading:
Grades will be based on the following criteria:
Case briefing & class discussion 10%
2 Examinations (25% each) 50%
Term Paper 25%
Class Presentation 15%
Grades will be assessed as follows:
90 to 100 - A
80 to 89 - B
70 to 79 - C
60 to 69 - D
below 60 - F
Case briefing and discussion:
You will be called on and expected to be able to orally brief the cases assigned in the readings for that day. Therefore, it is important that you complete the assigned readings on time and attend class regularly. Frequent absences or failure to be prepared for class will adversely affect your grade in this course.
You will also be expected to participate actively in classroom discussions.
Examinations:
There will be two written, closed-book exams. They will be based on lectures and the assigned readings from the text, whether the readings are discussed in class or not.
Missed Exams:
No make-up exams will be given, as they are an extreme inconvenience to the instructor and the department secretary, and may be unfair to other students. Students who miss one of the regularly scheduled exams must instead take a comprehensive final. The date and time of this final will be announced in class; only one time will be available. No other options will be offered.
In addition, students who have taken both regular exams but who wish to attempt to raise their test average may take the comprehensive final if they choose to do so. If they score higher on the final than on one of the regular exams, the final score will replace the original one. If they score lower on the final than on either regular exam, their original scores will not be affected (thus, taking the final cannot hurt a person's grade).
Students who take both of the regular exams and are satisfied with their scores do not need to take the final.
Term Paper and Class Presentation:
Each student will be assigned a specific topic related to either physical evidence or biological evidence. The student will then prepare a term paper on the subject, and also a presentation to be given to the class.
Term Paper
The term paper should be high quality and based on research on the assigned topic. While internet sources may be used, they should be used sparingly, and the research must be conducted primarily in books, journals, and cases. You might also wish to contact experts in the field. Each paper must contain the following elements:
§ A general introduction to the topic
§ A discussion of the basic kinds of evidence generally examined for this topic
§ A discussion of the legal issues related to this topic, including any relevant cases
§ A bibliography in APA format, which contains at least 5 sources
The paper must be typed and double-spaced, and should be at least 10 pages long, including the bibliography. You may wish to include appropriate illustrations as well, depending on your topic.
Great care must be taken to avoid plagiarism in this paper. Plagiarism will result in a failing grade. If you're not sure whether something constitutes plagiarism, ask the instructor!
The paper is due May 15.
Presentation
Each student will
make a presentation to the class on the assigned topic. You should lecture and
lead a class discussion on the
When you are assigned your topic, you will be told the date of your presentation.
CELL PHONES, BEEPERS, ETC.:
It's very disruptive when cell phones, beepers etc. go off
in the middle of class. It's a discourtesy to both the instructor and your
fellow students. Therefore, unless it is of absolutely vital importance that
you be reached while in class (e.g, you are a surgeon
on call, you're expecting a call from the
Assignments:
|
Date |
Topic |
Readings |
Cases |
|
Feb. 20 |
Introduction |
|
|
|
Feb. 27-Mar. 6 |
Expert evidence & testimony |
Chapter 1 |
§ Frye v. United States, 293 F. 1013 (1923) §
Daubert v. Merrell Dow, 509 § People v. Leahy, 8 Cal.4th 587 (1994) [This link and some of the others on this page take you to FindLaw. You’ll need to register to access the cases, but it’s free] |
|
Mar. 13 |
Demonstrative Evidence |
Chapter 2 |
§
Maryland
v. Craig, 497 § United States v. Hobbs, 403 F.2d 977 (6th Cir. 1968) §
People
v. Redston, 139 |
|
Mar. 20-27 |
Behavioral Science Evidence |
Chapters 18-20 |
§
Muller
v. Oregon, 208 §
Brown
v. Board of Education, 347 § Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954) § United States v. Denny-Shaffer, 2 F.3d 999 (10th Cir. 1993) § Buhrle v. State, 627 P.2d 1374 (Wy. 1981) § State v. Kelly, 478 A.2d 364 (N.J. 1984) § People v. McDonald, 37 Cal.3d 351 (1984) §
State
v. Long, 721 P.2d 483 ( § United States v. Piccinonna, 885 F.2d 1529 (11th Cir. 1989) §
Rock
v. Arkansas, 483 § Jenkins v. United States, 307 F.2d 637 (D.C. Cir. 1962) §
Barefoot
v. Estelle, 463 |
|
Apr.3 |
Review & Exam 1 |
|
|
|
Apr. 10 |
Intoxication & speeding |
Chapters 3 & 4 |
|
|
Apr. 24 |
Physical Evidence |
Chapters 6-9 |
|
|
May 1-8 |
Biological Evidence |
Chapters 12-15 |
|
|
May 15 |
Review & Exam 2 |
|
|
|
May 22 |
Final exam |
|
|