Spring 2024 - CRIM 330 D100

Criminal Procedure and Evidence (3)

Class Number: 4068

Delivery Method: In Person

Overview

  • Course Times + Location:

    Jan 8 – Apr 12, 2024: Fri, 9:30 a.m.–12:20 p.m.
    Burnaby

  • Exam Times + Location:

    Apr 20, 2024
    Sat, 8:30–11:30 a.m.
    Burnaby

  • 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-LEVEL EDUCATIONAL GOALS:

  • Identify and explain Canadian laws, rules, and principles that relate to criminal justice processes leading to and within the court system.
  • Identify and discuss evidentiary concepts of admissibility, relevance, probative and prejudicial value, and weight.
  • Identify and critically analyze each aspect of procedure, i.e., investigation (search and seizure), detention, arrest, charges, judicial interim release, arraignment (disclosure, pleas and election), preliminary inquiry, trial, sentencing and ancillary orders, and appeals.
  • Identify and critically analyze common evidentiary and procedural issues or problems.
  • Identify and describe relevant statutory and common laws which govern criminal procedure and evidence (i.e., Canadian Criminal Code and Charter of Rights and Freedoms).
  • Apply law to fact patterns and conduct legal research.

Grading

  • Mid-term Exam 30%
  • Final Exam 40%
  • Legal Research Assignment 10%
  • Written Assignments 20%

Materials

REQUIRED READING:

  1. Pocket Criminal Code of Canada (2024). Toronto: Thomson Reuters, 2023.
  2. Christopher Sherrin, Dale Ives, & Alexandre Bien-Aimé. Criminal Procedure: Cases and Materials. Toronto: Emond, 2020.
  3. Additional materials available through Quicklaw, the internet and/or Canvas.

REQUIRED READING NOTES:

Your personalized Course Material list, including digital and physical textbooks, are available through the SFU Bookstore website by simply entering your Computing ID at: shop.sfu.ca/course-materials/my-personalized-course-materials.

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 Center for Accessible Learning, (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 (SWH 10156), or submitted as per Professor’s instructions for courses taking place at Surrey Campus. The assignment drop box is emptied Monday to Friday at 8:30 a.m. and 3:30 p.m. only, with the contents date stamped accordingly. No other department’s date stamp will be accepted (e.g. Library/Campus Security).  For the Surrey Campus, assignments must be hand delivered to the General Office of the Faculty of Arts and Social Sciences, located at SUR 5180, on Monday through Friday, between 8:30 a.m. and 3:30p.m., or placed in the assignment drop box located at the southwest corner of Galleria 5.  The Surrey assignment drop box is emptied Monday through Friday at 8:30 a.m. and 3:30 p.m., with the contents date stamped accordingly.  The School of Criminology is not responsible for assignments submitted in any other manner (e.g., slid under office doors).  The University does NOT accept assignments by fax or email.
  • 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 they will receive a grade of N. 
  • 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.

Students with hidden or visible disabilities who believe they may need class or exam accommodations, including in the current context of remote learning, are encouraged to register with the SFU Centre for Accessible Learning (caladmin@sfu.ca or 778-782-3112) as soon as possible to ensure that they are eligible and that approved accommodations and services are implemented in a timely fashion.

Registrar Notes:

ACADEMIC INTEGRITY: YOUR WORK, YOUR SUCCESS

SFU’s Academic Integrity website 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

RELIGIOUS ACCOMMODATION

Students with a faith background who may need accommodations during the term are encouraged to assess their needs as soon as possible and review the Multifaith religious accommodations website. The page outlines ways they begin working toward an accommodation and ensure solutions can be reached in a timely fashion.