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Southern Utah University
Southern Utah University
Fall Semester 2025

Laws of Evidence (Face-to-Face)

CJ 2350-01

Course: CJ 2350-01
Credits: 3
Term: Fall Semester 2025
Department: PSCJ
CRN: 32404

Course Description

Origin, development, and philosophy of rules of evidence, tests of admissibility, weight, value and types of evidence, laws of arrest, search, and seizure. (Fall) [Graded (Standard Letter)] Prerequisite(s): CJ 1010 - Prerequisite Min. Grade: D-

Required Texts

The required textbook for this course and section is Criminal Evidence, Principles and Cases, Ninth Edition, by Thomas J. Gardner and Terry M. Anderson, published by Cengage Learning (2016), ISBN: 978-1-285-45900-4

Learning Outcomes

The expected learning outcomes for this course and section are as follows:

At the conclusion of this course, if students have completed all of the coursework, attended class, and engaged in discussions throughout the semester, students should be able to have a firm understanding of the rules/laws of evidence, how the rules/laws of evidence apply to criminal cases in the American judicial system, articulate the definition of hearsay and understand the many exceptions to the hearsay rule, understand the exclusionary rule, articulate the difference between direct and circumstantial evidence, understand the Confrontation Clause of the Sixth Amendment, and be able to articulate the core concepts of criminal evidentiary issues in the American judicial system. This course provides an interactive discussion-based approach towards understanding the rules of evidence in the criminal justice system.

Course Requirements

In order to achieve course mastery and obtain a passing grade in this course, students are expected to:

1. Complete all required readings during each module prior to class discussions;
2. Complete any/all homework assignments during each module on or before the due date;
3. Complete a Mid-Term Exam and Final Exam with a passing score on or before the due date;
4. Complete a four (4) page double-spaced paper on an aspect of criminal evidence approved by the instructor beforehand and submit said paper on or before the due date;
5. Complete a short five to six (5-6) minute class presentation on the paper submitted on a day approved by the instructor; and
6. Attend class regularly, especially on required attendance days when students will receive attendance points for class debate/discussions/presentations on those specified days

Course Outline

MODULE 1
A.    Orientation, Introduction, Class Expectations, and Chapter 1
B.    Read: Criminal Evidence, Chapter 1, History and Development of the Law of Criminal Evidence (Pages 1-22)
C.    Review key terms on page 20
D.    Classroom Discussion on class expectations and Chapter 1

MODULE 2
A.    Chapter 2
B.    Read: Criminal Evidence, Chapter 2, Important Aspects of the American Criminal Justice System (Pages 25-48)
C.    Review key terms on page 46
D.    Classroom Discussion on Chapter 2

MODULE 3
A.    Chapter 3
B.    Read: Criminal Evidence, Chapter 3, Using Evidence to Determine Guilt or Innocence (Pages 51-74)
C.    Review key terms on page 73
D.    Classroom Discussion on Chapter 3

MODULE 4
A.    Chapter 4
B.    Read: Criminal Evidence, Chapter 4, Direct and Circumstantial Evidence and the Use of Inferences (Pages 77-107)
C.    Review key terms on page 105
D.    Classroom Discussion on Chapter 4

MODULE 5
A.    Chapters 5 and 6
B.    Read: Criminal Evidence, Chapter 5, Witnesses and the Testimony of Witnesses (Pages 111-137); and Chapter 6, Judicial Notice, Privileges of Witnesses, and Shield Laws (Pages 141-168)
C.    Review key terms on pages 135 and 166
D.    Classroom Discussion on Chapters 5 and 6

MODULE 6
A.    Chapter 7
B.    Read: Criminal Evidence, Chapter 7, The Use of Hearsay in the Courtroom (Pages 173-183)
C.    Review key terms on page 182
D.    Classroom Discussion on Chapter 7
E.     REVIEW FOR FIRST EXAM
F.    *****FIRST EXAM*****(Chapters 1-6)


MODULE 7
A.    Chapter 8
B.    Read: Criminal Evidence, Chapter 8, The Confrontation Clause and Exceptions to the Hearsay Rule (Pages 185-209)
C.    Review key terms on page 207
D.    Classroom Discussion on Chapter 8

MODULE 8
A.    Chapter 9
B.    Read: Criminal Evidence, Chapter 9, The Exclusionary Rule (Pages 213-232)
C.    Review key terms on page 230
D.    Classroom Discussion on Chapter 9

MODULE 9
A.    Chapters 10 and 11
B.    Read: Criminal Evidence, Chapter 10, Where the Exclusionary Rule Does Not Apply (Pages 235-258); and Chapter 11, "Special Needs" and Administrative Searches (Pages 261-279)
C.    Review key terms on pages 257 and 278
D.    Classroom Discussion on Chapters 10 and 11

MODULE 10
A.    Chapter 12 and 13
B.    Read: Criminal Evidence, Chapter 12, Obtaining Statements and Confessions for Use as Evidence (Pages 281-315); and Chapter 13, The Law Governing Identification Evidence (Pages 317-340)
C.    Review key terms on pages 312 and 338
D.    Classroom Discussion on Chapters 12 and 13
E.     REVIEW FOR SECOND EXAM
F.    *****SECOND EXAM*****(Chapters 7-13)


MODULE 11
A.    Chapter 14 and 15
B.    Read: Criminal Evidence, Chapter 14, Obtaining Physical and Other Evidence (Pages 343-379); and Chapter 15, Obtaining Evidence by Use of Search Warrants, from Computers, Wiretapping, or Dogs Trained to Indicate an Alert (Pages 383-419)
C.    Review key terms on pages 376 and 417
D.    Classroom Discussion on Chapters 14 and 15

MODULE 12
A.    Chapter 16 and 17
B.    Read: Criminal Evidence, Chapter 16, The Crime Scene, the Chain of Custody Requirement, and the Use of Fingerprints and Trace Evidence (Pages 421-443); and Chapter 17, Videotapes, Photographs, Documents, and Writings as Evidence (Pages 447-465)
C.    Review key terms on pages 441 and 464
D.    Classroom Discussion on Chapters 16 and 17
E.     Papers Due on Evidence Aspects (Prior to Class Presentations in following weeks)

MODULE 13
A.    Class Presentations

MODULE 14
A.    Class Presentations Continued
B.    REVIEW FOR FINAL EXAM
C.    *****FINAL EXAM*****(Chapters 14-17)

Instructor's policies on late assignments and/or makeup work

All assignments, projects and homework, are due on or before the matter’s due date.  Late submissions will not be accepted, without prior approval from the instructor.  In the event of an emergency or exceptional circumstance, an allowance may be made at the instructor’s discretion if requested by the student to the instructor as soon as possible after the emergency. It is preferred that students ask for extensions ahead of any due date, if an extension is necessary/requested. The instructor reserves the right to grant or deny extensions based upon each request made by a student. If an extension is granted, the instructor will determine the extended due date for the late assignment, and the student must meet that deadline to be eligible for credit on the late assignment. 

The instructor is always willing and receptive to discussing a student’s progress in the course at any time in the semester, provided that the student does not wait until the final weeks of the semester to address a failing grade. Any options to address remedial measures for a student are greatly reduced if/when a student waits until the final weeks of the semester to engage in the course and hand in coursework. If a student misses an assignment, or performs poorly on an assignment, and wishes to remedy the issue, the student must contact the instructor immediately, as opposed to waiting until the eleventh hour of the semester.

Attendance Policy

Attendance is crucial to understanding the material and being involved in the regular discussions of this class. It is important for students to arrive in class on time, as late arrival disrupts the class discussion. If a student misses a class when attendance points are given, the student forfeits those points, and those attendance points cannot be made-up. If, however, a student's absence was approved by the instructor beforehand, the student is deemed "excused" for that particular day, and will still receive those attendance points as though they were present on that particular day.

Course Fees

Pursuant to the College of Humanities and Social Sciences, course fees are $4.00 per credit hour.

Course Fee Refund Statement: For tuition-bearing courses with course fees below $500, a student will receive a full refund of course fees if they drop the course before the "Last Day to Drop Without a W Deadline." For tuition-bearing courses with course fees that are $500 and above, a student will receive a refund commensurate with the amount of course fees that were expended to support the student's education during the time when the student was enrolled if they drop the course before the "Last Day to Drop Without a W Deadline." The $500 threshold applies to the sum of course fees per CRN.

Evidence Paper and Presentation

Students will complete a four (4) page double-spaced paper on an aspect of criminal evidence approved by the instructor beforehand and submit said paper on or before the due date.

Students will also complete a short five to six (5-6) minute class presentation on the paper submitted on a day approved by the instructor.

ADA Statement

Students with medical, psychological, learning, or other disabilities desiring academic adjustments, accommodations, or auxiliary aids will need to contact the Disability Resource Center, located in Room 206F of the Sharwan Smith Center or by phone at (435) 865-8042. The Disability Resource Center determines eligibility for and authorizes the provision of services.

If your instructor requires attendance, you may need to seek an ADA accommodation to request an exception to this attendance policy. Please contact the Disability Resource Center to determine what, if any, ADA accommodations are reasonable and appropriate.

Academic Credit

According to the federal definition of a Carnegie credit hour: A credit hour of work is the equivalent of approximately 60 minutes of class time or independent study work. A minimum of 45 hours of work by each student is required for each unit of credit. Credit is earned only when course requirements are met. One (1) credit hour is equivalent to 15 contact hours of lecture, discussion, testing, evaluation, or seminar, as well as 30 hours of student homework. An equivalent amount of work is expected for laboratory work, internships, practica, studio, and other academic work leading to the awarding of credit hours. Credit granted for individual courses, labs, or studio classes ranges from 0.5 to 15 credit hours per semester.

Academic Freedom

SUU is operated for the common good of the greater community it serves. The common good depends upon the free search for truth and its free exposition. Academic Freedom is the right of faculty to study, discuss, investigate, teach, and publish. Academic Freedom is essential to these purposes and applies to both teaching and research.

Academic Freedom in the realm of teaching is fundamental for the protection of the rights of the faculty member and of you, the student, with respect to the free pursuit of learning and discovery. Faculty members possess the right to full freedom in the classroom in discussing their subjects. They may present any controversial material relevant to their courses and their intended learning outcomes, but they shall take care not to introduce into their teaching controversial materials which have no relation to the subject being taught or the intended learning outcomes for the course.

As such, students enrolled in any course at SUU may encounter topics, perspectives, and ideas that are unfamiliar or controversial, with the educational intent of providing a meaningful learning environment that fosters your growth and development. These parameters related to Academic Freedom are included in SUU Policy 6.6.

Academic Misconduct

Scholastic honesty is expected of all students. Dishonesty will not be tolerated and will be prosecuted to the fullest extent (see SUU Policy 6.33). You are expected to have read and understood the current SUU student conduct code (SUU Policy 11.2) regarding student responsibilities and rights, the intellectual property policy (SUU Policy 5.52), information about procedures, and what constitutes acceptable behavior.

Please Note: The use of websites or services that sell essays is a violation of these policies; likewise, the use of websites or services that provide answers to assignments, quizzes, or tests is also a violation of these policies. Regarding the use of Generative Artificial Intelligence (AI), you should check with your individual course instructor.

Emergency Management Statement

In case of an emergency, the University's Emergency Notification System (ENS) will be activated. Students are encouraged to maintain updated contact information using the link on the homepage of the mySUU portal. In addition, students are encouraged to familiarize themselves with the Emergency Response Protocols posted in each classroom. Detailed information about the University's emergency management plan can be found at https://www.suu.edu/emergency.

HEOA Compliance Statement

For a full set of Higher Education Opportunity Act (HEOA) compliance statements, please visit https://www.suu.edu/heoa. The sharing of copyrighted material through peer-to-peer (P2P) file sharing, except as provided under U.S. copyright law, is prohibited by law; additional information can be found at https://my.suu.edu/help/article/1096/heoa-compliance-plan.

You are also expected to comply with policies regarding intellectual property (SUU Policy 5.52) and copyright (SUU Policy 5.54).

Mandatory Reporting

University policy (SUU Policy 5.60) requires instructors to report disclosures received from students that indicate they have been subjected to sexual misconduct/harassment. The University defines sexual harassment consistent with Federal Regulations (34 C.F.R. Part 106, Subpart D) to include quid pro quo, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. When students communicate this information to an instructor in-person, by email, or within writing assignments, the instructor will report that to the Title IX Coordinator to ensure students receive support from the Title IX Office. A reporting form is available at https://cm.maxient.com/reportingform.php?SouthernUtahUniv

Non-Discrimination Statement

SUU is committed to fostering an inclusive community of lifelong learners and believes our university's encompassing of different views, beliefs, and identities makes us stronger, more innovative, and better prepared for the global society.

SUU does not discriminate on the basis of race, religion, color, national origin, citizenship, sex (including sex discrimination and sexual harassment), sexual orientation, gender identity, age, ancestry, disability status, pregnancy, pregnancy-related conditions, genetic information, military status, veteran status, or other bases protected by applicable law in employment, treatment, admission, access to educational programs and activities, or other University benefits or services.

SUU strives to cultivate a campus environment that encourages freedom of expression from diverse viewpoints. We encourage all to dialogue within a spirit of respect, civility, and decency.

For additional information on non-discrimination, please see SUU Policy 5.27 and/or visit https://www.suu.edu/nondiscrimination.

Pregnancy

Students who are or become pregnant during this course may receive reasonable modifications to facilitate continued access and participation in the course. Pregnancy and related conditions are broadly defined to include pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery. To obtain reasonable modifications, please make a request to title9@suu.edu. To learn more visit: https://www.suu.edu/titleix/pregnancy.html.

Disclaimer Statement

Information contained in this syllabus, other than the grading, late assignments, makeup work, and attendance policies, may be subject to change with advance notice, as deemed appropriate by the instructor.