UNIVERSITY OF SALTIMORE

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1 UNIVERSITY OF SALTIMORE 2/6/07 DOCUMENT N: COURSE AND PROGRAM DEVELOPMENT COVER SHEET See Course and Program Development Policy and Procedures forinstructions SCHOOL: LAW 0' MSB 0 YGCLA 0 Contact Name: Cheryl Cudzilo Phone: x4457 DEPARTMENT I DIVISION: Law School SHORT DESCRIPTION OF PROPOSAL (state name of action item 1-20 and course name, code &number I oroqrarn affected): New Course: LLM Criminal Law &Procedure PROPOSED SEMESTER OF IMPLEMENTATION: Fall 0 Spring 0' Year: 2009 Box1: TYPE OF ACTION ADD(NEW) 0' DEACTIVATE 0 MODIFY 0 OTHER 0 Box2: LEVEL OF ACTION Non-Credit 0 Undergraduate 0 Graduate 0 OTHER 0' Box3:ACTION ITEM DOCUMENTS REQUIRED IMPACT REVIEWS APPROVAL SEQUENCE (check appropriate boxes) (see box 4 below) (see box 5 on back) (see box 6 on back) 1. Experimental Course 1 NOP a,c,e AC 2. Course Title NO ABCD 3. Course Credits NO ABCD 4. Course Number NO ABCD 5. Course Level NO ABCD 6. Pre &Co-Requisite NO ABCD 7. Course Description NOP ABCDEF 0 8. New Course NOP ABCDEF 9. Deactivate a Course NO ABCDEF 10. Proaram Reauirements NO b,c,d,e ABCDEF 11 a. UG Specialization (24 credits orless) NO a,b,c,d,e ABCDEF 11 b. Masters Specialization (12 credits orless) NO a,b,c,d,e ABCDEF 11c. Doctoral Specialization (18 credits orless) NO a,b,e ABCDEF 12. Closed Site Program NOT e ABCDHIK 13. Program Suspension 9 NO,5 a,e ABCDEGIK 14a. Certificate Program (ug/g) exclusively within existing degree program NO a,c,e ABCDEFHIK 14b. Certificate Program (ug/g) where degree prog rams donot exist orwhere cou rses are selected iljoqr,6 a,c,e ABCDEFHJL across degree programs (12 ormore credits) 15. Off-Campus Delivery of Existing Program NO,4 a,b,c,e ABCDHIL 16a. UG Concentration (exceeds 24 credit hours) NO,5 a,c,d,e ABCDEFGHJL 16b. Masters Concentration (exceeds 12credit hours) NO,5 a,c,d,e ABCDEFGHJL 16c. Doctoral Concentration (exceeds 18credit hours) NO,5 a,c,d,e ABCDEFGHJL 17. Proqram Title Change NO,5 a,c,d,e ABCDEFGHJL 18. Proaram Termination NO,10 d,e ABCDEFGHIK 19. New Dearee Proaram NOQR,3,8 a,c,d,e ABCDEFGHJL 20. Other Varies Varies Varies I Box 4: DOCUMENTATION (check boxes of documents included) 0' N. This Cover Sheet Q. Full 5-page MHEC Proposal T. Other 0 O. Summary Proposal R. Financial Tables (MHEC) 0' P. Course Definition Document S. Contract 1. Approval ofexperimental course automatically lapses after two offerings unless permanently approved as a new course. 2. Codes: a) Library Services (Langsdale orlaw) b) Office oftechnology Services c) University Relations d) Admissions 3. Letter of Intent is required byusm atleast 30days before a full proposal can be submitted. Letter of Intent requires only the approval ofthe dean and the provost and isforwarded tousm bythe Office ofthe Provost. 4. One-page letter to include: Program title &degree/certificate to be awarded; resources requirements; need and demand; similar programs; method of instruction; and oversight and student services (MHEC requirement) 5. One-page letter with description and rational (MHEC requirement) 6. One ortwo-page document that describes: centrality to mission; market demand; curriculum design; adequacy offaculty resources; and assurance program will be supported with existing resources. (MHEC requirement) 7. Learning objectives, assessment strategies; fit with UB strategic plan 8. Joint Degree Program or Primary Degree Programs require submission of MOU wi program proposal. (MHEC requirement) 9. Temporary suspension ofprogram to examine future direction; time not toexceed two years. No new students admitted during suspension, but currently enrolled students must be given opportunity tosatisfy degree requirements.

2 DOCUMENT N: COURSE AND PROGRAM DEVELOPMENT COVER SHEET (Page 2 of 2) SCHOOL: LAW 0' MSB 0 YGCLA 0 SHORT DESCRIPTION OF PROPOSAL (state name of action item 1-20 andcourse name, code & number / program affected): New Course: LLM Criminal Law& Procedure 10. Provide: a. evidence that the action isconsistent with UB mission and can beimplemented within the existing program resources ofthe institution. b. proposed date after which no new students will be admitted into the program; c. accommodation ofcurrently enrolled students inthe realization oftheir degree objectives; d. treatment ofall tenured and non-tenured faculty and other staff inthe affected program; e. reallocation offunds from the budget ofthe affected program; and f. existence atother state public institutions ofprograms towhich toredirect students who might have enrolled inthe program proposed for abolition. 11. University Council review (for a recommendation tothe President or back tothe Provost) shall be limited tocurricular oracademic policy issues that may potentially affect the University's mission and strategic planning, orhave a significant impact on the generation orallocation ofits financial resources. Box 5: IMPACT REVIEW SIGNATURES (seeprocedures for authorized signers) DATE a. Library o No impact b. OTS o No impact o Impact statement attached o Impact statement attached c. University Relations o No impact o Impact statement attached d. Admissions o No impact e. Records o No impact 0 Impact statement attached o Impact statement attached Director ordesignee: CIO ordesignee: Director ordesignee: Director ordesignee: Registrar ordesignee: Box 6: APPROVAL SEQUENCE APPROVAL SIGNATURES DATE A. Department I Division B. Final faculty review body within each School C. College Dean D. Provost and Senior Vice President for Academic Affairs E. Curriculum Review Committee (UFS subcommittee) F. University Faculty Senate (UFS option) G. University Council (see # 11 above) H. President Chair: Chair: President: I. Board ofregents - notification only J. Board of Regents - approval K. MHEC - notification only L. MHEC - approval M. Middle States Association notification Required only if the mission ofthe University ischanged by the action

3 UNIVERSITY OF BALTIMORE DOCUMENT 0: SUMMARY PROPOSAL See Course and Program Development Policy and Procedures for Instructions SCHOOL: LAW 0' MSB D YGCLA D Contact Name: Cheryl Cudzilo Phone: x4457 DEPARTMENT I DIVISION: Law School SHORT DESCRIPTION OF PROPOSAL (state action item 1-23 and course name & number or program affected): New course addition: LLM Criminal Law & Procedure PROPOSED SEMESTER OF IMPLEMENTATION: Fall 0 Spring 0' Year: : Briefly describe what is being requested: Addition of new course LLM Criminal Law & Procedure OLD Title: nla For new courses or changes in existing courses (needed by Registrar) Course # I REGIS Code: nla, Credits: nla NEW Title LLM Criminal Law & Procedure Course # I HEGIS Code: LAWG 604 Credits: 3 I 0-2: Set forth the rationale for the proposal: For those LL.M. students who intend to take the D.C. or New York bar examinations, this course provides the essential skills required to successfully complete the Criminal law and Procedure requirements ofthe bar. It is specifically designed for such graduates offoreign law schools, and instruction is tailored to meet the needs of lawyers who have completed their legal education in their own country, but are unfamiliar with the US legal system. Further, if those students intend to practice law in the United States, this course provides some of the essential skills required. The University and Law School benefit by producing a cohort ofll.m. students capable ofpassing the bar and practicing law in the United States and bringing these skills to bear on the practice of law in their home countries. Because ofthe backgrounds ofthe students in this program, this course will not have as many credits as the regular JD courses in this subjects taught separately. This will be accomplished by reducing the amount ofcase law analysis and capital punishment from the criminal component to provide time for the coverage ofthe fourth, fifth and sixth Amendment material which is primarily need for success on the bar exam. The legal analysis of cases is adequately provided for in other classes in the program. A reduction of some ofthat material in the criminal law area will not affect the overall quality of the educational experience.

4 University ofbaltimore Document P: Required Format for Course Definition Document 1. Date Prepared: September 9, Prepared by: Professor Jose Anderson 3. Department: School oflaw 4. Course Number(s), including HEGIS code(s): LAWG Course Title: LLM Criminal Law & Procedure 6. Credit Hours.J 7. Catalog Description (Paragraph should reflect general aims and nature ofthe course): Law imposed for criminal liability its sources and constitutional limitations. Criminal act, mental state requirements, burdens ofproofcriminal capacity justification and excuse accomplice liability, inchoate crimes, crimes against persons, property, and habitation will be explored. The course will also examine the principles governing the admissibility ofevidence in criminal proceedings focusing on the exclusionary rule, probable cause, arrest, search and seizure, compelled self incrimination and right to counsel. 8. Prerequisites: None 9. Faculty qualified to teach course: Law Faculty who teach the first year course Criminal Law and upper level course Constitutional Criminal Procedure I and II 10. Course Type (check appropriate) Open Enrollment: _x 11. Suggested approximate class size: 3.Q 12. Content Outline: See attached syllabus 13. Learning Goals: Analyze complex fact patterns in which Criminal law and Procedure issues might arise; Learn to identify Criminal Law and Procedure issues as they could arise in practice; Learn the approaches to Criminal law and Procedure used in different states; Practice applying the applicable Criminal law and Procedure to the facts presented; Gain familiarity with the Model Penal Code and, when relevant, how its approach differs from various state approaches to different issues.

5 14. Assessment Strategies: Exam: x Short Assignments: _x_ 15. Suggested Text(s) and Materials (example: textbooks, equipment, software, etc.): Several major law book publishers have appropriate books on Criminal law and Criminal Procedure. There are also books that combine the two topics in one text for courses such as the one proposed here. For the criminal law component I would suggest Anderson and Mell's Criminal Law: Cases Commentary and Questions (Carolina Academic Press 2007) and Joshua Dressler and Alan Michael, Understanding Criminal Procedure. (Lexis-Nexis fourth edition pending publication).

6 CRIMINAL LAW AND PROCEDURE SYLLABUS Professor Anderson Spring 2009 Course LAW 608(?) Required text: Anderson and Mell, Criminal Law: Cases, Commentary and Questions Dressler and Michaels Understanding Criminal Procedure. (Fourth Edition 2008). Handouts, including problems, exercise, and additional required reading, will be distributed throughout the course. CRIMINAL LAW SEGMENT Pages in Anderson and Mell Introduction to the criminal process Burden of Proof in a criminal case The criminal act and omissions pp pp pp The criminal intent requirement pp Causation Theft and Fraud Crimes related to habitation Assault and Battery When does life begin for the purpose of homicide? Murder and Voluntary Manslaughter Assisted Suicide Felony Murder Insanity and diminished capacity Self defense Rape and Sexual offense Inchoate offenses pp pp pp pp pp pp pp pp pp pp pp pp

7 Criminal Jurisdiction and Constitutional limitations pp CRIMINAL PROCEDURE SEGMENT Note: Pages in Dressler/Michaels Understanding Criminal procedure to be determined in new fourth edition Topic coverage Introduction to the exclusionary rule and the Fourth Amendment What is a search? What is a seizure? Probable cause Arrests Search Warrants Searches without warrants Plain view consents searches The Fifth Amendment: Miranda v. Arizona Coerced confessions (involuntary) Sixth Amendment right to counsel 2

8 Attendance and Preparation Regular and punctual attendance is expected. As the catalog ofthe School oflaw notes, a student whose unexcused absences exceed three classes or whose total absences, excused and unexcused, exceed five classes may be compelled to withdraw from the course. Tardiness, other absence from class for part of a period, talking to other students during class, and inattention may be included in the calculation. On the average, approximately 2 to 3 hours ofpreparation is necessary for each hour of class, and additional time is required for a course's other assigned work, for review, and for preparation for examinations. In addition, it is recommended that each student spend about thirty minutes reviewing that day's material as close to class time as possible. Each student is expected to study the assigned material and to be prepared to discuss it in class. This means that the student has learned the material and is ready to refine his or her understanding of its nuances and overall place within the Criminal law framework. For students not prepared, the class may have little meaning. On those rare occasions when a student is not prepared for class discussion, he or she should give a note so stating to the instructor before class. The instructor will not call on these students. If a student does this very infrequently no subtraction from that student's grade will be made. As noted above, however, ifa student often is unprepared for class discussion his or her grade may be lowered by one level. This system ofnotes to excuse a student from daily participation does not apply to the assigned negotiation exercise. Students must perform the assigned negotiation exercise by the applicable deadlines or their overall Criminal grade will be lowered significantly. Grading Policy Course grades primarily will be based upon the final exam. Voluntary class participation that is thoughtful and non-domineering can raise a student's grade. Quality, not quantity, counts. Voluntary class participation that does not contribute to the discussion will not, however, cause a grade to be lowered. Students will be assigned problems, negotiation exercises, and other material to prepare, and will be called upon from time to time. These exercises are integral parts ofthe course and must be completed. Exceptionally good performance on these exercises, together with class participation, can raise a student's grade a maximum total of one level. If a student often is unprepared for class discussions, or repeatedly is tardy or talks to neighbors during class, the instructor may lower his or her grade by one level. A student who is prepared but does not do well on the assigned problems, cases or negotiation will not be penalized. 3

9 Office Hours Professor Anderson will be available after class and during scheduled office hours. Subject to meetings ofthe faculty and its committees, Professor Anderson's office hours are: to be determined (telephone: ). Administrative Matters Seating: Taping: Laptop use: law course. Students should decide where they want to sit for the second class. Students should sit at the seat they picked their second day for the remainder ofthe course. Students may tape the class. Students may not use their laptop for anything that is not related to the Criminal Cell phone: Turn off your cell phones and other personal electronic devices before class starts. You will be embarrassed ifyour cell phone goes off in class. Students may not send or receive text messages or use an ipod or similar device during class. Class rules: Forms of address: Students may not speak in class unless recognized. Moreover, students may not be recognized or may be interrupted by the instructor iftime is short. The instructor apologizes in advance for these situations and urges these students to see him immediately after class or during office hours. Students may not talk with each other or read outside material during class. This is distracting and discourteous and will not be tolerated. This policy will be strictly enforced. Students will be addressed as Mr. or Ms. Additional Reference Material Perkins and Boyce, Criminal Law (3 Td Ed.) Lafave, Criminal Law American Law Institute: The Model Penal Code (All available on reserve in the library). 4