Simon Fraser University
Engaging the World

Course Outlines

Fall 2019 - CRIM 330 D100

Criminal Procedure and Evidence (3)

Class Number: 8489

Delivery Method: In Person

Overview

  • Course Times + Location:

    Sep 3 – Dec 2, 2019: Mon, 8:30–10:20 a.m.
    Burnaby

  • Exam Times + Location:

    Dec 4, 2019
    Wed, 3:30–6:30 p.m.
    Burnaby

  • Instructor:

    Carol Fleischhaker

  • Prerequisites:

    CRIM 101 and 230.

Description

CALENDAR DESCRIPTION:

Critical examination of selected topics in criminal procedure and evidence, including jurisdiction, police powers of search and seizure, the right to counsel and pre-trial and trial procedures. Brief survey of the system of rules and standards by means of which the admissibility of evidence is determined. Close examination of the Charter of Rights and Freedoms and its impact on criminal procedure and evidence.

COURSE DETAILS:

 This course examines the laws, rules, and principles relating to criminal justice processes leading to and within the court system.  It discusses the evidentiary concepts of admissibility, relevance, probative and prejudicial value, and weight.  It describes each aspect of procedure – investigation (search and seizure), detention, arrest, charges, judicial interim release, arraignment (disclosure, pleas and election), preliminary inquiry, trial, sentencing and ancillary orders, and appeals – and identifies common evidentiary and procedural issues or problems that arise at each stage.  It reviews the relevant statutory and common laws which govern criminal procedure and evidence including the Criminal Code and Canadian Charter of Rights and Freedoms, and uses fact patterns to exemplify the application of those laws.  It includes demonstrations by police officers and lawyers in order to visually explain significant processes such as arrest, bail, trial and sentencing.

Grading

  • Participation 15%
  • Legal Research Assignment 5%
  • Mock Bail Hearing or Mock Evidence Application 10%
  • Mid-Term Examination 35%
  • Final Examination 35%

Materials

REQUIRED READING:

1. Christopher Nowlin and Joan Brockman, An Introduction to Canadian Criminal Procedure and Evidence, 6th ed. (Toronto:  Nelson Education, 2017).

2.  Gary Rodrigues, Pocket Criminal Code 2020 (Carswell, 2019).

3.  Statutes available online, and excerpts as provided by the Instructor.

Department Undergraduate Notes:

If you have any Criminology course enrollment requests (course adds, course swaps), please contact a Criminology advisor. Please do not contact instructors for enrollment assistance as they will ultimately refer you to a Criminology advisor.

Criminology course enrollment requests should be sent to a Criminology advisor no later than the last day of the Second week of classes. Late enrollment requests are subject to approval and are not guaranteed. 

Enrollment requests for non-Crim courses should be directed to the advisor for the program offering the course. 


ATTENTION: STUDENTS WITH A DISABILITY: Please contact the Centre for Students with Disabilities, (MBC 1250 or Phone 778-782-3112) if you need or require assistance, not your individual instructors.  
  • N.B.: Students are reminded that attendance in the first week of classes is important. However, there are no tutorials in the first week.
  • ON CAMPUS COURSES ONLY: Assignments not submitted to the Professor/T.A. during class/office hours must be placed in the security box behind the General Office (ASSC 10125), or submitted as per Professor’s instructions for courses taking place at Surrey Campus. The assignment drop-off box is emptied Monday to Friday at 8:30 a.m. and 3:30 p.m. only and the contents are date stamped accordingly. No other department’s date stamp will apply (e.g. Library/Campus Security) and the School of Criminology is not responsible for assignments submitted any other way (e.g. slid under office doors). The University does NOT accept assignments by fax. 
  • A student must complete ALL aspects of a course (including assignments, exams, class participation, presentations, chat room components of Distance Education courses and other), otherwise he/she will receive a grade of N. 
  • E-mail policy for on campus courses only: The School of Criminology STRONGLY DISCOURAGES the use of e-mail in lieu of office hour visits. Criminology advises its instructional staff that they are NOT required to respond to student e-mails and that students wishing to confer with them should do so in person during scheduled meeting times.
  • The University has formal policies regarding intellectual dishonesty and grade appeals which may be obtained from the General Office of the School of Criminology.
  • Under GP18, the University has policies and procedures which respond to our obligations under the BC Human Rights Code to provide a harassment and discrimination free environment for the students, staff and faculty of this institution.  Members of this community have an affirmative obligation to safeguard the human rights of others.
UNIVERSITY POLICY FORBIDS FINAL EXAMINATIONS WHILE CLASSES ARE STILL IN SESSION.

Registrar Notes:

SFU’s Academic Integrity web site http://www.sfu.ca/students/academicintegrity.html is filled with information on what is meant by academic dishonesty, where you can find resources to help with your studies and the consequences of cheating.  Check out the site for more information and videos that help explain the issues in plain English.

Each student is responsible for his or her conduct as it affects the University community.  Academic dishonesty, in whatever form, is ultimately destructive of the values of the University. Furthermore, it is unfair and discouraging to the majority of students who pursue their studies honestly. Scholarly integrity is required of all members of the University. http://www.sfu.ca/policies/gazette/student/s10-01.html

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS