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Criminal Law - Elon University

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Criminal Law - Elon University Powered By Docstoc
					                                  ELON UNIVERSITY
                                  SCHOOL OF LAW

                                  CRIMINAL LAW
                                   SYLLABUS


Professor Steven Friedland
Office Room:       213
Office Phone:      336-278-9224
Sfriedland2@elon.edu
Spring 2007


Mondays,                   1:00 p.m. – 2:30 p.m.,    Room 206

Wednesdays,                9:00 a.m. – 10:30 a.m.,   Room 206 [breakouts]
                           1:00 p.m. – 2:30 p.m.     Room 206


MATERIALS

A. Required

Bloch and McMunigal, Criminal Law: A Contemporary Approach (2005 Aspen Press)


B. Suggested [Discussed in Class]


LEARNING GOALS

The goals of this course are several:

(1) To learn about Criminal Law in terms of Substance, Procedure, Skills and Values.

       a. Substance means a deep understanding (mastery) of the rules of criminal law
(mastery) of the rules of criminal law, the rationales for those rules and how to apply
them to different fact situations.
              1. A deep understanding occurs only if there is a working understanding
of the elements, explanations, examples, exceptions and comparisons of the rules (the
4 “EC”s)
       b. Procedure means the way criminal law rules work to avoid disputes and, once
disputes occur, to generate effective dispute resolution.
              1. Procedure includes an examination of good practices and processes.

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        c. Skills means the various performance competencies required to become a
superior property lawyer, especially critical reading, thinking and writing on the one
hand and leadership on the other.
                1. Critical reading means being able to distinguish and highlight facts,
rules and other aspects of texts.
                2. Critical thinking has different cognitive levels, from rote knowledge, to
understanding, to issue spotting, to problem solving, to synthesis. The primary goal is
deep understanding.
                3. Critical writing means to express oneself in an organized manner
clearly and concisely, analyzing and evaluating and, when appropriate, persuasively, in
a highly transparent style.
                4. Leadership means influencing others positively. It includes several
components:
                       a. Executive self-management (self-awareness; awareness of
impact of actions on others)
                       b. Management of professional relationships
        d. Values are job-related and include preparation, professionalism, judgment,
community and leadership (influencing others positively).
                1. There ought to be intentionality about utilizing and promoting values, for
their intrinsic benefit and for the instrumental effect of better practices.
(2) To learn about criminal law contexts, such as the world of legal practice, the “real
world,” economics, politics and local cultures, particularly in light of the Carnegie Report
on Legal Education, which stresses the integration of theory and practice in law school;
(3) To fully participate, be engaged in and contribute to the cumulative group learning
process and create good practices for law school and lawyering;
(4) To learn from classmates and others during the class discussion, from listening,
using “I” statements and not “You” statements, respecting different learning styles,
values and positions and other techniques;
(6) To develop protocols of analysis in different criminal law subject areas;
(7) To examine and evaluate larger values and perspectives concerning our system of
private property law;
(8) To understand how and why criminal law rules change over time; and
(9) to have fun.


TEACHING METHODS

   1.   Interactive -- e.g., Small groups, mock arguments
   2.   In-class note breaks
   3.   After-class minute reviews; lunch-meetings; emails
   4.   Student management teams (student input – “Start? Stop? Continue?”)
   5.   Extra-optional review classes
   6.   Out-of-class assignments –writing, doing
   7.   Videos
   8.    Quizzes (released bar questions and short answer questions)

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   9. Other


COURSE REQUIREMENTS

1.Students are expected to prepare for and attend class regularly.
2.(a) More than two (2) unexcused absences may result in a lowered grade at the
discretion of the professor; (b) the same consequence may result if a student is
unprepared for or late to more than two classes; and the same consequences may
result if a combination of (a) and (b) exists.
3.You must attend and write about a criminal court case occurring in the court-house,
providing your observations of the hearing, trial or other proceeding. These
observations can include statements about the witnesses, the attorneys or any other
pertinent information to an assessment of the criminal justice system. You must make
reasonable efforts to speak with either an attorney, the judge or a law clerk in the case.
[1 page]
4. You must follow a criminal case in the news and write about it. [1 page]
5. Complete on a satisfactory basis other writing assignments.
6. Participate in other active learning exercises.


GRADING AND EVALUATION

The evaluation of students will be based on a written final examination, which may
include a take-home component. There will be additional assignments during the
semester that may involve diagnostic and formative assessment of student
performance.

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CLASS OUTLINE AND ASSIGNMENTS

   NOTES:

   1. Note that the goal of understanding material often conflicts with coverage. In this
      class, understanding wins. Thus, we will sometimes not cover the amount of
      material assigned. The following assignment schedule is only a guideline, not an
      absolute edict.
   2. On days we do not complete the assignment, we will pick up in the next class
      where we left off.
   3. As a general rule, we will cover approximately 10 to 20 pages per class session.
   4. Assigned pages do not include problems. Those are assigned separately and
      specifically.
   5. All assignments are in the Bloch and McMunigal text book, unless otherwise
      noted.
   6. Supplementary readings and problems will be assigned at various times during
      the semester.

   “BIG PICTURE” COURSE STRUCTURE:

1. GENERIC INGREDIENTS OF CRIMINAL LAWS
a.CRIME VERSUS TORT
b.CONSTITUTIONAL REQUIREMENTS;
c. ELEMENTS: Act; Mental State; and Defenses

2. ELEMENTS OF SPECIFIC CRIMES
a.Homicide,
b.Arson,
c.Battery,
d.Assault,
e.Larceny,
f.Burglary,
g.Robbery
h.Sexual Assault,
i.Conspiracy,
j. Attempt
k.Solicitation
l. etc.


PART I: INTRODUCTION TO CRIMINAL LAW

      CLASS #1: WHAT IS A CRIME?

Assignment: Pages 91-92; Keeler, pps.96-103; Rule of Lenity, page 103; Case Quotes,

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104-105; Problem 1.2, Problem 1.3, pages18-20.

        o Statutory Interpretation
Assignment: pages 127-128; 134-139; question 1, page 139; 140-143



     CLASS #2: HOW DO CRIMES GET PROSECUTED?
        o Some common law crimes: Arson and Battery
            (Frameworks; deep understanding; and application)
Assignment: pages 1-15


PART II: THE GENERIC INGREDIENTS OF CRIMES

       A. THE ACTUS REUS (CONDUCT)

      CLASS #3: What is the actus reus requirement?

Assignment: pages 165-168. Problem 4.2, page 169

      Status
Assignment: Robinson, pages 170-172; Powell, pages 172-174; Homelessness, pages
174-176

      Voluntariness
Assignment: Problem 4.4, page 177

      Time-Framing
Assignment: Decina, pages 181-183 [if not fully covered, reviewed in Class #4]


      CLASS #4: MORE ACTUS REUS ISSUES

      Omissions
Assignment: Omission introduction, page 184; Jones, pages 184-186; Problem 4.7,
page 186; Model Penal Code (MPC), page 187; pages 187-188

      Possession
Assignment: Introduction, pages 192-193; Problem 4.10, pages 193-194

      Causation
Assignment: Introduction, pages 475-476; Kibbe, pages 486-489; MPC, page 494



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       B. MENS REA (MENTAL STATES)

      CLASS #5: CRIMINAL MENTAL STATES

Assignment: Overview, pages 209-210; Introduction, pages 210-217; Problems 5.1 and
5.2, page 218; case squibs, pages 220-221; MPC ________________
       Strict Liability
Assignment: Introduction, pages 224-225; U.S. v. Balint, pages 225-226


       C. DEFENSES

      CLASS #6: NEGATING AN ELEMENT OF A CRIME

         a. Mistake of Fact
         b. Assignment: Introduction, page 243; Problem 5.13, page 244
         c. Mistake of Law
         d. Assignment: U.S. v. Baker, pages 255-256; Reliance on Official
            Interpretation and Cox v. La., pages 262-263
         e. Intoxication
         f. Assignment: Introduction, pages 285-286; People v. Hood and Montana v.
            Egelhoff, pages 287-291

   B. CLASS #7: A MAJOR JUSTIFICATION – SELF DEFENSE

Assignment: Introduction, pages 497-498

SELF DEFENSE [Goetz]
Assignment: Introduction, pages 498-499; People v. Goetz, pages 501-507;
      Duty to Retreat
Assignment: pages 519-520; Problem 8.4, page 520

    CLASS #8: NECESSITY
Assignment: Introduction, page 528; Problem 8.10, page 529; Dudley and Stephens,
pages 531-535;

DURESS
Assignment: Introduction, page 545-546; Problem 8.22, page 547

      CLASS #9: INSANITY AND MENTAL ILLNESS [One Flew Over the Cuckoo’s
       Nest]
Assignment: Introduction, pages 553-555; People v. Drew, pages 556-559; People v.
Fields, pages 559-561; Problem 8.27, page 568;
       Recent Applications: Post-Traumatic Stress Disorder and Postpartum
Psychosis
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Assignment: 571-572; Problem 8.29, pages 573-574.
PART III: CRIME AND PUNISHMENT

      CLASSES ##10-14: HOMICIDE
       Purposeful Killings
Assignment: Introduction, pages 323-324; pages 324-326; Problem 6.1, page 326;
Carroll, pages 329-332; Young, page 333
       Provocation Doctrine (Heat of Passion Manslaughter)
Assignment: Introduction and Lawton, pages 334-337; Maher, pages 348-349; Brooks,
pages 352-353; ABA Commission and MPC, pages 354-355
       Reckless Killings
Assignment: Introduction, pages 362-363; U.S. Code, 363; Fleming, 363-365

    CLASSES ##15-16: Felony Murder
Assignment: Introduction, 399-400; State v. Simmons, pages 400-403; MPC, pages
413-414
      Limitations
Assignment: Introduction, 414-415
      Agency
Assignment: pages 421-423
      Complicity Generally
Assignment: Introduction, pages 713-715; Problems 11.1, 11.2, 11.3, page 714


CLASS #17: PUNISHMENT

    PUNISHMENT
Assignment: pages 23-27, including questions; Problem 2.1
      Why Punish?
Assignment: Problem 2.4, page 28
      A. RETRIBUTION, DETERRENCE AND INCPACITATION
Assignment: pages 40-41, 44-47 [CANING, SCARLET LETTER; STOCKADES]
      B. REHABILITATION, DENUNCIATION AND HOW WE PUNISH
Assignment: pages 51-56, 57-59 [SHAWSHANK REDEMPTION] ?
                   1. Restoring Felons’ civil rights
                   2. Re-entering society
      Types of Punishment
Assignment: Scarlet Letter, 60-61; Tables, pages 63, 64, 67
      Restorative Justice
Assignment: skim pages 73-74

       CAPITAL PUNISHMENT
Assignment: pages 433-437;Furman v. Ga., pages 443-446; Gregg v. Ga., pages 447-
449; offender characteristics, pages 465-467


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PART IV: MORE CRIMES

    CLASS #18: SEXUAL ASSAULT
Assignment: Introduction, pages 579-580; Context, pages 581-584; What is Rape,
pages 584-587
      New Perspectives
Assignment: M.T.S. and Josh Dressler, pages 594-601
      Rape Trauma Syndrome
Assignment: Introduction and People v. Taylor, pages 626-631
      Statutory Rape
Assignment: pages 646-647

    CLASS #19: ATTEMPT AND SOLICIATION [Day of the Jackal]
Assignment: Introduction, pages 663-664; MPC, 5.01; Kansas v. Bobin, pages 667-668;
Rizzo, pages 668-671
       Impossibility
Assignment: Introduction, pages 691-693; Dlugash, pages 693-697
       Solicitation
Assignment: Introduction, pages 700-701

    CLASS #20: CONSPIRACY [Butch Cassidy….]
Assignment: Introduction, pages 749-750; Lauria, pages 767-772
      The Pinkerton Doctrine
Assignment: pages 777-780
      Duration
Assignment: pages 783-785
      Wharton’s Rule
Assignment: pages 786-787; problem 12.9, page 787

    CLASS #21: BURGLARY and LARCENY
Assignment: Introduction, pages 791-792
      Larceny By Trick
      False Pretenses
Assignment: pages 803-804, 809-810

       CLASS # 22: CRIME INVESTIGATION

PART V: CSI GREENSBORO: CRIME SCENE INVESTIGATION
      DNA
      FINGER PRINT ANALYSIS
Assignment: TBA

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