Criminal Law Law A505 Professor Fan Spring 2015

Transcription

1 Criminal Law Law A505 Professor Fan Spring 2015 COURSE TIMES: Mon., Wed. & Fri. 8:45 10:20 am, Room 117 OFFICE HOURS: Mon. & Wed., 3:30 to 5:00 p.m., Room 315 COURSE SITE: OVERVIEW Criminal law is about how we use some of law s heaviest artillery punishment and stigma to govern behavior. Because criminal law regulates everyday life from how we conduct ourselves sexually to what happens if get drunk and hurt someone, knowledge of this subject will benefit you regardless of which path in the law you choose. This course explores the fundamental principles, purposes and concepts in criminal law. Topics covered include: prominent penal rationales, including deterrence, incapacitation, retribution, rehabilitation and restorative justice; constitutional constraints on criminalization and punishment; actus reus, mens rea, causation, legality and other building-block concepts of criminal law construction; in-depth study of the crimes of rape, homicide, theft, burglary and robbery; additional exposure to other common crimes and social challenges such as drug laws, assault, child abuse, domestic violence, identity theft, and violations of firearms laws; defenses (and non-defenses) including self-defense, defense of others, battered spouse syndrome, defense of habitation, defense of property, necessity, duress, insanity, and intoxication; liability for aiding and abetting (complicity) and attempts; and the inchoate offense of conspiracy. COURSE MATERIALS To save you money, I have obtained permission to adapt and post for free a text written and used by Dan Kahan, Neal Katyal & Tracey Meares at Yale and Georgetown. So that future generations of students can also benefit, please honor the terms of their grant and do not disseminate the text to others beyond your personal use. I am adapting the text with additions of my own. Each packet will be posted on our course web site a week before the class.

2 GRADING AND COURSE REQUIREMENTS Preparedness, Participation and Attendance: Punctual class attendance, preparedness and active participation are essential to your learning and success and the creation of a rewarding and dynamic class experience for all. I understand that life sometimes produces unavoidable obligations or emergencies necessitating an absence or rendering one less prepared for a day. If the basis for an absence or a no-pressure pass for a class arises, please let me know in advance of class. If some circumstance renders you not as fully prepared as you usually are, it is better that you come to class, rather than miss a class because of concern over not being fully prepared and fall behind. Grading: The grade will be based on your participation in class, including on collaborative projects, as well as a final exam. The final exam will be three hours in length. You may use your reading packets, visuals posted online, and jointly or personally-prepared outlines. Laptop users must use Exam4 in Closed mode. If you are near or between grades, I may bump your grade up or down based on outstanding class participation or the converse. RECORDING AND RELATED POLICIES Recording Policy: In criminal law, we discuss controversial issues freely and openly. Recording interferes with the free exploration, expression and evolution of ideas and never translates as effectively as an in-class, in-person experience because learning is a multi-textured live process, not canned and onedimensional. I want to ensure that the incentives are calibrated for you to get the live multi-dimensional and optimal experience. Therefore, I do not record classes for general dissemination. If you must miss class, please get the notes from a classmate, read them, and come see me if you have any questions about the material. Parenting Room: Please let me know if you need to use the parenting room so I can be sure the microphone is on to give you a better audio feed. Disability-related needs: To request academic accommodations due to a disability, please contact Disability Resources for Students (DRS), 448 Schmitz, (206) (V), (206) (TTY). If you have a letter from DRS, please present the letter to me so we can discuss the accommodations you might need in this class. READING ASSIGNMENTS I generally cap the assignment to about 35 pages or less per class because it is important that you read each assignment. This is a working syllabus. Each class has a unique composition with different issues of interest and paces. As events unfold, the assignments below may be modified. Dates may shift. I will inform

3 you in class of any modifications and also post an announcement on the course web site. Class 1: Mon., March 30 I. Foundational Concepts & Penal Rationales Class 1 Packet Posted Online. Please fill out the getting-to-know you survey online at: Class 2: Wed., April 1 II. Limits on the Power to Criminalize and Punish Class 2 Packet Posted Online Class 3: Fri., April 3 III. Crime Components: Actus Reus and Mens Rea A. Actus Reus Class 3 Packet Posted Online Class 4: Mon., Apr. 6

4 B. Mens Rea and Mistakes of Fact Class 4 Packet Posted Online Class 5: Weds. Apr. 8 C. Mistakes of Law Class 5 Packet Posted Online Class 6: Fri., Apr. 10 IV. Rape A. The Force (Resistance) Element(s): Actus Reus o Class 6 Packet Posted Online Opening and Closing Arguments Class 7: Mon., Apr. 13 B. Rape Law Reform Dilemmas Class 7 Packet Posted Online Class 8: Weds., Apr. 15

5 C. The Future of Sexual Assault Reform o Class 8 Packet Posted Online Class 9: Fri., Apr. 17 V. Homicide A. Degrees of Murder o Class 9 Packet Posted Online Class 10: Mon., Apr. 20 B. Mitigating Murder to Voluntary Manslaughter o Class 10 Packet Posted Online Class 11: Wed., Apr. 22 C. Depraved and Malignant Heart Murder D. Involuntary Manslaughter Class 11 Packet Posted Online Class 12: Fri., Apr. 24 E. Felony Murder

6 o Class 12 Packet Posted Online Class 13: Mon. Apr. 27 VI. Capital Punishment Class 13 Packet Posted Online Class 14: Weds., Apr. 29 VII. Theft, Burglary, Robbery Class 14 Packet Posted Online Class 15: Fri., May 1 VIII. Defenses: Justification- Based A. Self-Defense Class 15 Packet Posted Online Class 16: Mon., May 4 B. Imperfect Self-Defense C. Defense of Habitation

7 D. Defense of Property Class 16 Packet Posted Online Class 17: Wed., May 6 E. Necessity Class 17 Packet Posted Online Class 18: Fri., May 8 IX. Excuse Defenses A. Duress Class 18 Packet Posted Online Class 19: Mon., May 11 B. Insanity Class 19 Packet Posted Online Class 20: Wed., May 13 X. Attempts Class 20 Packet Posted Online

8 Class 21: Fri., May 15 XI. Accomplice Liability (Complicity) Class 21 Packet Posted Online Class 22: Mon., May 18 XII. Conspiracy Class 22 Packet Posted Online Class 23: Wed., May 20 XIII. Practicum: Determining Sentence Exposure, Drug Crimes, Plea Bargaining Class 23 packet posted online Mon., May 25 Memorial Day Holiday No Class Class 24: Wed., May 27 XIV. Review Class