Recommended Preparation: Successful completion of ENGL105 or equivalent assessment placement.

Transcription

1 Lassen Community College Course Outline AJ-20 Criminal Law 3.0 Units I. Catalog Description This course offers an overview of the origin and development of law, including English Common Law. It provides an analysis of the doctrines of criminal liability in the United States and the classification of crimes against persons, property, morals, and public welfare. The distinction between torts and crimes, felonies and misdemeanors, and venue and jurisdiction will be examined. Crimes against persons and property and crimes popularly deemed to be victimless will be discussed. This course utilizes case law and case studies to introduce students to criminal law. This course is also approved for correspondence delivery. Recommended Preparation: Successful completion of ENGL105 or equivalent assessment placement. Transfers to both UC/CSU CSU GE Area: D8 C-ID AJ Hours Lecture Scheduled: Fall II. III. Coding Information Repeatability: Not Repeatable, Take 1 Time Grading Option: Graded or Pass/No Pass Credit Type: Credit - Degree Applicable TOP Code: Course Objectives A. Course Student Learning Outcomes Upon completion of this course the student will be able to: 1. Articulate and discuss the structural framework of criminal statutory law. 2. Systematically collect, organize, and present appropriate data from a variety of sources including independent research, written journals and the Internet. Access the validity of the data and interpret it correctly. 3. Analyze the historical origins of American Criminal Law. 4. Appraise the value of landmark case decisions and synthesize the impact on modern society. B. Course Objectives Upon completion of this course the student will be able to: 1. Distinguish between torts (civil wrongs) and crimes. 2. Identify the many types of criminal conduct by crime classifications such as: infraction, misdemeanor, felony, etc. 3. Discuss the goals and characteristics of criminal law. 4. Know the basic terminology, definitions, and theories of criminal law. 5. Explain the concept of lesser included offenses. Page 1

2 6. Explain capacity to commit crime, causation, and culpability. 7. Explain and discuss criminal defenses, legal justifications, and burdens of proof. IV. Course Content Part I What is Criminal Law? b. Theories of law and schools of jurisprudence c. Criminal law vs. civil law d. Types of crimes e. The American judicial system f. The criminal trial process g. Sources of law h. The Napoleonic code i. Criminal Justice Professionals Part II What is a Crime? b. Elements of a crime c. Mens Rea d. Actus Reus e. Conspiracy f. Uniform crime report g. General evidence concepts h. Concept review and reinforcement i. Case applications Part III Crimes Against the Person: Murder b. Murder c. Felony murder d. Manslaughter e. Euthanasia f. Infanticaide g. Suicide h. Killings that are not crimes i. Murder evidence concepts Part IV Crimes Against the Person: Sex Crimes b. Forcible rape c. Forcible sodomy d. Sexual assault with an object e. Forcible fondling f. Nonforcible sex crimes g. Statutory rape h. Sex crimes evidence concepts i. Case applications Part V Crimes Against the Person: Other Violent Crimes b. Robbery c. Assault d. Violent arson Page 2

3 e. Hate crimes f. Cyber crimes solicitation, hate speech, and inciting terrorism g. Abduction and kidnapping h. Trafficking in Persons i. Evidence in violent crimes against the person Part VI Crimes Against Property b. Theft or larceny c. Motor vehicle theft d. Burglary e. Property arson f. Defacing property and graffiti g. Firearm offenses h. Forgery and check fraud i. Identity theft j. Cyber crimes theft deception k. Property crime evidence concepts Part VII Social Crimes b. Prostitution and Commercialized vice c. Drug production and use d. Gambling e. Offenses against the family f. Corporal punishment and Child Abuse g. Alcohol abuse and public intoxication h. Disorderly conduct i. Public indecency or lewdness j. Vagrancy k. Fornication, adultery, and polygamy l. Abortion m. Consensual Sodomy Part VIII- Treason, Terrorism and Wartime Criminal Justice b. Wartime power c. Habeas corpus in wartime and the question of military tribunals d. Defining Treason and sedition e. Defining terrorism Part IX Crimes Against the State b. Perjury c. Obstruction of Justice d. Civil disobedience, trespass, and protest e. Contempt f. Escape g. Bribery h. Corrupt organizations i. Impeachment j. Tax evasion k. Mail Fraud Page 3

4 Part X Common Law Defenses b. Justification defenses and castle laws c. Duress defenses d. Other common law defenses e. Entrapment and legal traps f. Capacity defenses g. Insanity h. Competency to stand trial i. Incapacity and punishment Part XI Constitutional Rights Before Arrest b. Probable cause c. Infiltration d. Executing search warrants e. Double jeopardy f. Ex post facto laws and bills of attainder g. Right to remain silent h. Presumption of innocence i. Pre arrest interrogation Part XII Constitutional Rights After Arrest b. Arrest c. Post arrest interrogation d. The right against self-incrimination e. Bail f. The constitutional right to counsel in criminal cases g. The poor and the right to counsel h. Arraignment i. Preliminary hearings j. Immunity k. Privilege and the right to keep others silent l. Compelling the production of physical evidence m. Including DNA testing n. Plea bargaining o. The right to a speedy trial Part XIII The Constitutional Right to Trial by Jury b. Defining the right to trial by jury c. Grand jury and indictment d. Discovery e. Pretrial motions f. How the jury pool is selected g. Empanelling the jury h. Pretrial publicity, change of venue or venire, and sequestration i. The trial j. Rendering the verdict beyond a reasonable doubt k. Post-trial motions Part XIV Constitutional Rights Postconviction Page 4

5 b. Sentencing c. Cruel and unusual punishments d. Procedural safeguards required by the eighth amendment e. Appropriate methods of death f. Persons whom may be executed g. Offenses punishable by death h. Life in prison i. Prison conditions j. Emerging trends V. Assignments A. Appropriate Readings This course will involve extensive reading beyond assignments in the text. Students should read and respond to readings such as legal briefs, case law, administrative code, and regulations. B. Writing Assignments 1. Answer to essay questions. 2. Short papers covering administration of justice topics. C. Expected Outside Assignments Visit to local court and law enforcement agency, write a review of visits and file a report of visits. D. Specific Assignments that Demonstrate Critical Thinking During this course, students should be required to complete writing assignments that include the gathering, analysis, and synthesis of information. In addition, examination questions will require students to examine facts, spot issues related to the charging, prosecution and defense of criminal law violation problems, and develop viable strategies for adjudication and sentencing. VI. Methods of Evaluation Students will be evaluated on substantial writing assignments, including written homework, reading reports, and term or other written papers. Correspondence Delivery Same as face to face with the exception of the desired use of proctored exams and exclusion of participation in classroom activities. Students will be expected to complete assignments and activities equivalent to in-class assignments and activities. Written correspondence and a minimum of six opportunities for feedback will be utilized to maintain effective communication between instructor and student. VII. Methods of Delivery Check those delivery methods for which, this course has been separately approved by the Curriculum/Academic Standards Committee. Traditional Classroom Delivery Interactive Television Delivery Correspondence Delivery Online Delivery Instructors are encouraged to include the following activities in their instructional presentations, as deemed appropriate, in addition to lecture: Page 5

6 1. Lecture 2. Video material 3. Scenario/experiential training 4. Guest presentations 5. Group/individual presentations 6. Written examinations - objective 7. Written examinations - essay 8. Internet research demonstrations Correspondence Delivery Assigned readings, instructor-generated typed handouts, typed lecture materials, exercises and assignments equal to face to face instructional delivery. Written correspondence and a minimum of six opportunities for feedback will be utilized to maintain effective communication between instructor and student. VIII. Representative Texts and Supplies Anniken Davenport, Basic Criminal Law; The Constitution, Procedure, and Crimes, 3 rd Edition, Pearson, ISBN#: IX. Discipline/s Assignment Administration of Justice, Law X. Course Status Current Status: Active Original Approval Date: 4/3/1990 Revised By: Nancy Bengoa-Beterbide Curriculum/Academic Standards Committee Revision Date: 12/03/2013 Instructional Program Review Date with no Revision: 03/25/2014 Page 6