CJAD 301 A Criminal Law

Transcription

1 Columbia College Online Campus P a g e 1 CJAD 301 A Criminal Law Late Fall Session October 26 December 19, 2015 Course Description Examines the basic elements and concepts of substantive criminal law, which defines such crimes as murder, rape, assault, larceny, burglary and robbery. Analysis of inchoate crimes involving attempt, solicitation, and conspiracy. Analysis of general principles of criminal liability, punishment, and the legal limitations of such liability based on self-defense, necessity, entrapment, diminished capacity and insanity. Prerequisite: Sophomore standing Proctored Exams: None Textbooks Schmalleger, Frank. Criminal Law Today, An Introduction with Capstone Cases (5th ed.). Prentice Hall, Upper Saddle River, New Jersey. ISBN: MBS Direct offers a Columbia College branded text, ISBN: Required Video: Fletch MBS item number You must rent or purchase this video in order to complete Paper 4. Textbooks for the course may be ordered from MBS Direct. You can order online at (be sure to select Online Education rather than your home campus before selecting your class) by phone at For additional information about the bookstore, visit Course Overview This course focuses on the basic elements and concepts of substantive criminal law, including crimes and defenses to criminal liability. The course will offer an overview of criminal law nationally as well as regional and local variations on topics of interest. Technology Requirements Participation in this course will require the basic technology for all online classes at Columbia College: A computer with reliable Internet access, a web browser,

2 Columbia College Online Campus P a g e 2 Acrobat Reader, Microsoft Office or another word processor such as Open Office. You can find more details about standard technical requirements for our courses on our site. Course Objectives To understand and appreciate the history and evolution of substantive criminal law. To understand the importance of substantive criminal law in the criminal justice system and to expand upon the roles served by the various governmental entities in the system in developing, implementing, interpreting and enforcing the law. To understand common legal terminology and methods used by professionals in the criminal justice system. To locate, interpret and apply substantive criminal law to real and hypothetical fact situations. To enhance critical thinking, research and writing skills on criminal law related issues. Measurable Learning Outcomes List and describe the sources of American law. Identify and compare the features and elements of substantive criminal law with procedural criminal law. State and explain the elements of substantive crimes, including but not limited to the following: o Murder and criminal homicide o Rape and sodomy, and other prohibited sexual offenses o Burglary o Arson o Robbery o Assault, other offenses against the person o Inchoate offenses such as attempt, solicitation and conspiracy o Controlled substance offenses o Alcohol related offenses o Perjury and related offenses against the justice system Describe the history and evolution of substantive criminal law in the United States. Identify and explain the defenses available to criminal liability, including the following: o Self defense o Consent o Insanity o Diminished capacity o Entrapment o Duress o Necessity o Battered spouse syndrome Interpret and apply the meaning of specific statutory sections to assorted factual situations. Construct arguments for and against proposed reforms in the substantive criminal law. Explain and justify the constitutional and statutory limitations on criminal liability, including the following: o Ex post facto laws o Double jeopardy o Bills of attainder o Speedy trial

3 Columbia College Online Campus P a g e 3 o Statutes of limitation Interpret court decisions involving criminal law and differentiate and distinguish between court cases regarding criminal law. Appraise current literature, materials and developments regarding substantive criminal law. Grading Grading Scale GRADE POINTS PERCENT A B C D F Grade Weights ASSIGNMENT POINTS PERCENT Discussions % Journals % Quizzes 100 5% Papers % Final Exam % Total % Schedule of Due Dates Week Assignment Points Due Date 1 Discussion 1 5 Sunday Discussion 2 5 Sunday 2 Discussion 3 10 Sunday Discussion 4 10 Sunday Discussion 5 10 Sunday Journal 1 50 Sunday Quiz 1 20 Sunday 3 Discussion 6 10 Sunday Discussion 7 10 Sunday Discussion 8 10 Sunday Paper Wednesday Journal 2 50 Sunday Quiz 2 20 Sunday 4 Discussion 9 10 Sunday Discussion Sunday Discussion Sunday Journal 3 50 Sunday Quiz 3 20 Sunday 5 Discussion Sunday Discussion Sunday Discussion Sunday Paper Wednesday Journal 4 50 Sunday Quiz 4 20 Sunday

4 Columbia College Online Campus P a g e 4 6 Discussion Sunday Discussion Sunday Discussion Sunday Journal 5 50 Sunday Quiz 5 20 Sunday 7 Discussion Sunday Discussion Sunday Discussion Sunday Journal 6 50 Sunday Paper Wednesday 8 Discussion 21 5 Saturday Discussion 22 5 Saturday Paper Wednesday Final Exam 500 Saturday Total 2000 Assignment Overview Discussions: There will be grade differentiation on your weekly discussion participation. Those who post early in a given week and more often within a given topic will be scored higher than those who wait until the end of a given week. When assigning grades for the discussion, I consider the quantity of posts, quality of posts, the timing of posts, follow-up posts where appropriate, and whether you read other posts. It is important for you to read the majority of the other posts in the discussion, and for you to respond to follow up questions suggested by me. See the grading rubric below. Journals You will write six weekly journals discussing the readings and capstone cases. You will submit them through the course dropbox. You will find a more detailed description of these assignments in the course Content. Papers: You will write four papers in this class. Week 3: Analysis of a bill Week 5: Case brief Week 7: Trial summary (or a narrative describing an interview of a criminal justice professional) Week 8: Analysis of a movie. You will find more detailed descriptions of these assignments in the course content. Quizzes will be open book and open note and will be given each week through the course site. You may take the quiz any time during the week, The quizzes will include multiple choice, true false, fill in the blank, and short answer, and essay questions. The final examination will be posted in the course site and submitted via the course dropbox. It will include short answer and essay questions. Course Schedule Week 1 Introductions Readings: Chapter 1. Also read over the Model Penal Code in Appendix B.

5 Columbia College Online Campus P a g e 5 1. Introduce yourself in the "Introductions" topic of our class Discussion. Please give us more than your name. Include your profession, hobbies, interest in criminal law, and any other information that can help us get to know you 2. What is your perception of what law is and how criminal law applies in modern society? Week 2 The Nature and History of Criminal Law Readings: Chapter 1 3. What characteristics differentiate a criminal offense from a civil wrong? In other words, suppose state X is considering adopting a law making conduct Y a crime. What abstract characteristics should this conduct have to justify the criminalization of the behavior?? 4. Locate information on the Lawrence v Texas, a Supreme Court case decided a few years ago. What do you think of this decision? Should the government be involved in criminalizing private morals? Do you agree with the Supreme Court's interpretation of the Constitutional issues? Why or why not? Will there be any unintended consequences from this decision? 5. Read a news story about the homicide of Dr. George Tiller, the Wichita doctor who was killed in his own church. Should this offense be a federal crime, a state crime, or both? Should the offenders' pro life beliefs vis a vis the victim's activities be any kind of defense? Why or why not? Journal 1: Chapter 1 Quiz 1: Quiz 1 is over Chapter 1. Week 3 Criminal Liability and the Elements of Crime; Expanding the Concept of Crime Readings: Chapters What are the differences between proximate cause and causation in fact? Can you offer an example of a real or hypothetical case where actual cause exists, but proximate cause is lacking? 7. Sexual offender registration is a controversial topic for discussion. There are several news stories dealing with sex offenders. a. What are the legal and practical problems with these laws? b. Who should be required to register? c. Should there be national uniformity? (A federal law?) 8. View the videos in the course content this week on social host laws. What is your opinion of laws that penalize individuals who allow minors to drink on their property? Should these "parents" face punishment? Why or Why not? Journal 2: Chapters 2-3 Paper 1: Analysis of proposed legislation Provide a description and analysis of proposed legislation dealing with criminal activity. The paper should include: 1. Identification of the bill selected (bill number and sponsor) 2. Description (in your own words) of what the bill proposes and how it changes existing law. 3. Description and analysis of the groups that would have an interest in the proposed legislation. 4. Arguments in favor of and opposed to the proposed legislation. 5. Your stand on the issue: do you support the adoption of this legislation? Why or why not?

6 Columbia College Online Campus P a g e 6 You will find more information about the assignment in the course content. Quiz 2: Quiz 2 is over Chapters 2-3. Week 4 Extending Criminal Liability: Inchoate Offenses and Parties to Crime; Justifications as Defenses Readings: Chapters Offer an example of a justification-based defense other than self-defense. Discuss the concepts of self-defense, defense of the home, and defense of property. Louisiana and a few other states have a law which some have termed as a make my day law, which allows deadly force to be used solely to protect property. In other words, you could shoot someone you observed trying to steal your car. Are these laws wise? Why or why not? 10. Read Criminal Law in the News on page of the text. What are the legal problems with imposing criminal liability in these circumstances? What is your opinion on a prosecution in the USA of Mr. Watson? 11. Locate a news story or informational web site about animal abuse and neglect and comment on it. How should we punish animal abuse? Animal neglect? Should it be a felony? Under what circumstances? Journal 3: Chapters 4-5 Quiz 3: Quiz 3 is over Chapters 4-5. Week 5 Excuses as Defenses; The Insanity Defense; Homicide Readings: Chapters What are the various tests used for the insanity defense? Which one do you believe is best for the courts to apply? Why? 13. Offer an example of two excuse based defenses. Read Criminal Law in the News on page 178. Offer or obtain an example of an excuse-defense that strikes you as silly, absurd, inappropriate, outrageous, etc. Has our system gone overboard in allowing these defenses? Why or why not? 14. Locate a news story or informational web site about hate crimes, and comment on the story. How should we punish hate crime? What are the Constitutional issues with hate crime laws? Should it be a felony? Under what circumstances? Journal 4: Chapters 6-7 Paper 2: Case Brief I will identify a criminal case in the course site. Following the format described in Appendix A of the text, prepare a case brief. Clearly label each section. This paper should be 6-10 paragraphs in length. You can find more information about the assignment in the course content. Quiz 4: Quiz 4 is over Chapters 6-7. Week 6 Assault, Battery, and Other Personal Crimes; Property and Computer Crimes; Public Order Offenses Readings: Chapters 8-10 Course Evaluations: You will have an opportunity to evaluate the course near the end of the session.

7 Columbia College Online Campus P a g e 7 A link will be sent to your CougarMail that will allow you to access the evaluation. Be assured that the evaluations are anonymous and that your instructor will not be able to see them until after final grades are submitted. 15. Review the stories about three controversial homicide cases in the course content for this week. What level of homicide charge is appropriate? Why? 16. Chapter 8 contains a lot of discussion about domestic violence and the law. Should domestic violence be punished as a separate crime or within existing assault laws? What about stalking? Explain. Should prosecutors press criminal charges in these cases if the victim is unwilling? Why or why not? 17. Chapter 10 contains materials on drunken driving and alcohol-related traffic offenses. Obtain a news story or visit an informational website about DWI and the criminal law. How should DWI be punished? What priority should be placed on its enforcement? Why? Journal 5: Chapters 8-10 Quiz 5: Quiz 5 is over Chapters Week 7 Terrorism, Human Trafficking, and Offenses against Public Morality Readings: Chapters Do you agree that today s society is over criminalized? That is, do you believe that there are too many laws regulating society s behavior? If yes, please give examples of such laws and state why you believe they hurt society. If you do not feel that way, explain why you believe those concepts. 19. Locate a news story about identity theft and comment on it. How prominent of an offense is identity theft? How should it be punished? What can be done to reduce the occurrence of this offense? 20. Watch videos in the course content this week on a current debate to criminalize K 2 in Missouri and many other states. Do you agree with the intense focus being placed on this issue? Why or why not? Journal 6: Chapters Paper 3: Trial Summary or Interview a Criminal Justice Professional You will have two options for this assignment: either report on observation of a jury trial or report on an interview of a criminal justice professional. You will find more details about this assignment in the course content. Week 8 Victims; Punishment and Sentencing Readings: Chapters What areas of the criminal law are most in need of reform? If you could change any single thing about the substantive criminal law, what would it be and why? 22. Chapter 13 discusses the rights of victims in the criminal justice system. Should the system place a higher priority on the rights of victims? Why or why not? Paper 4: Movie Analysis Watch the 1985 movie Fletch, starring Chevy Chase, and write a paper that describes in detail at

8 Columbia College Online Campus P a g e 8 least six scenes and indicates the crimes depicted. Provide support for your analysis, arguing why each scene reflects the elements of a particular crime and what defenses might apply. You will find more information about this assignment in the course content. Final Exam Course Policies Student Conduct Plagiarism The final exam will be composed of short answer and essay questions. I will post the questions in the course at the beginning of Week 8. You must submit your exam to the dropbox by Saturday night. All Columbia College students, whether enrolled in a land-based or online course, are responsible for behaving in a manner consistent with Columbia College's Student Conduct Code and Acceptable Use Policy. Students violating these policies will be referred to the office of Student Affairs and/or the office of Academic Affairs for possible disciplinary action. The Student Code of Conduct and the Computer Use Policy for students can be found in the Columbia College Student Handbook. The Handbook is available online; you can also obtain a copy by calling the Student Affairs office (Campus Life) at The teacher maintains the right to manage a positive learning environment, and all students must adhere to the conventions of online etiquette. Your grade will be based in large part on the originality of your ideas and your written presentation of these ideas. Presenting the words, ideas, or expression of another in any form as your own is plagiarism. Students who fail to properly give credit for information contained in their written work (papers, journals, exams, etc.) are violating the intellectual property rights of the original author. For proper citation of the original authors, you should reference the appropriate publication manual for your degree program or course (APA, MLA, etc.). Violations are taken seriously in higher education and may result in a failing grade on the assignment, a grade of "F" for the course, or dismissal from the College. Collaboration conducted between students without prior permission from the instructor is considered plagiarism and will be treated as such. Spouses and roommates taking the same course should be particularly careful. All required papers may be submitted for textual similarity review to Turnitin.com for the detection of plagiarism. All submitted papers may be included in the Turnitin.com reference database for the purpose of detecting plagiarism. This service is subject to the Terms and Conditions of Use posted on the Turnitin.com site. Non-Discrimination There will be no discrimination on the basis of sex, race, color, national origin, sexual orientation, religion, ideology, political affiliation, veteran status, age, physical handicap, or marital status. Disability Services Students with documented disabilities who may need academic services for this course are required to register with the Coordinator for Disability Services at (573) Until the student has been cleared through the disability services office, accommodations do not have to be granted. If you are a student who has a documented disability, it is important for you to read the entire syllabus before enrolling in the course. The structure or the content of the course may make an accommodation not feasible.

9 Columbia College Online Campus P a g e 9 Online Participation You are expected to read the assigned texts and participate in the discussions and other course activities each week. Assignments should be posted by the due dates stated on the grading schedule in your syllabus. If an emergency arises that prevents you from participating in class, please let your instructor know as soon as possible. Attendance Policy Attendance for a week will be counted as having submitted a course assignment for which points have been earned during that week of the session or if the proctoring information has been submitted or the plagiarism quiz taken if there is no other assignment due that week. A class week is defined as the period of time between Monday and Sunday (except for Week 8, when the week and the course will end on Saturday at midnight). The course and system deadlines are all based on the Central Time Zone. Cougar All students are provided a CougarMail account when they enroll in classes at Columbia College. You are responsible for monitoring from that account for important messages from the College and from your instructor. You may forward your Cougar account to another account; however, the College cannot be held responsible for breaches in security or service interruptions with other providers. Students should use for private messages to the instructor and other students. The class discussions are for public messages so the class members can each see what others have to say about any given topic and respond. Late Assignment Policy An online class requires regular participation and a commitment to your instructor and your classmates to regularly engage in the reading, discussion and writing assignments. Although most of the online communication for this course is asynchronous, you must be able to commit to the schedule of work for the class for the next eight weeks. You must keep up with the schedule of reading and writing to successfully complete the class. Late assignments will be penalized unless there are special circumstances and the late submission is approved in advance by the Instructor. Course Evaluation You will have an opportunity to evaluate the course near the end of the session. A link will be sent to your CougarMail that will allow you to access the evaluation. Be assured that the evaluations are anonymous and that your instructor will not be able to see them until after final grades are submitted. Additional Resources Orientation for New Students This course is offered online, using course management software provided by Desire2Learn and Columbia College. The Student Manual provides details about taking an online course at Columbia College. You may also want to visit the course demonstration to view a sample course before this one opens. Technical Support If you have problems accessing the course or posting your assignments, contact your instructor, the

10 Columbia College Online Campus P a g e 10 Columbia College Helpdesk, or the D2L Helpdesk for assistance. Contact information is also available within the online course environment. CCHelpDesk@ccis.edu ex helpdesk@desire2learn.com Online Tutoring Smarthinking is a free online tutoring service available to all Columbia College students. Smarthinking provides real-time online tutoring and homework help for Math, English, and Writing. Smarthinking also provides access to live tutorials in writing and math, as well as a full range of study resources, including writing manuals, sample problems, and study skills manuals. You can access the service from wherever you have a connection to the Internet. I encourage you to take advantage of this free service provided by the college. Access Smarthinking through CougarTrack under Students->Academics->Academic Resources. Grading Criteria Discussion Quality of posts Level of participation Addresses the topic, provides substantive comments and/or questions that lead to further discussion Reads and responds to classmates and instructor 2/4 Posts early enough in the week for others to have a chance to respond Total 5/10 2/5 1/1 Journals Content Readings Capstone Cases Discussions Class Activities General Discussion and Conclusion Mechanics Summarize content of readings Response to the readings areas of agreement/disagreement Complete questions for at least two cases for each chapter (or one case and one legal resource) Summary of your participation in the discussion and reflection on the discussion topics Summary of preparation for quizzes and progress toward completing course assignments. General narrative of course progress, problems, and successes. 5 Single spaced; relatively free of errors in spelling, diction, and sentence structure

11 Columbia College Online Campus P a g e 11 Total 50 Paper 1 Content Bill Description Interest Groups Arguments Conclusion The bill selected for analysis is appropriate for the assignment; provides information about the bill number and sponsor Describes what the bill proposes and how it would change existing law Describes/analyzes the groups that would have an interest in the proposed legislation Summarizes arguments in favor of and opposed to the proposed legislation States the author s stand on the issue and provides support for an argument in favor of or opposed to the proposed legislation. Mechanics Relatively free of errors in spelling, diction, and sentence structure. 5 Total 100 Paper 2 Facts Facts/occurrences outside of court are presented with sufficient detail and context History Judicial history of the case in the lower courts presented 10 Issue Relevant issue(s)on appeal stated clearly and in question form 10 Decision Appellate court decision(in relation to the trial court) stated correctly 10 Rationale Notes Reasoning behind the appellate court decision presented with sufficient detail and context Commentary and questions regarding the case are presented and discussed Mechanics Relatively free of errors in spelling, diction, and sentence structure 5 Sections of Brief clearly labeled 5 Total Paper 3 Introduction Clearly states the author s thesis and grabs the interest of the reader 10 Details Provides details and context of trial segments observed 100 Word Choice Demonstrates knowledge of legal vocabulary 50 Opinion Clearly states the authors opinion on the trial and provides support 20 Conclusion Provides a conclusion 10 Mechanics Relatively free of errors in spelling, diction, and sentence structure 10

12 Columbia College Online Campus P a g e 12 Total 200 Interview Candidate Selection Choice of interviewee is appropriate for the assignment 10 Introduction Describes background of subject and interview setting 10 Initial Interview Questions and Answers Follow-up questions and answers Reflections and Conclusion Interview questions and answers demonstrate thoughtful planning and a clear understanding of important issues Follow-up questions demonstrate good listening skills and the ability to respond quickly and appropriately to probe for more information Provides a conclusion that summarizes and reflects on the major points of the interview Mechanics Relatively free of errors in spelling, diction, and sentence structure 10 Total 200 Paper 4 Introduction Clearly states the author s thesis and grabs the interest of the reader 10 Scene Descriptions Application Justification Clearly identifies and describes at least 6 scenes. Discussion demonstrates why each scene reflects the elements of a particular crime and what defenses might apply. Paper clearly demonstrates the author s ability to apply his or her understanding of the law. Provides support to justify assertions of crimes and defenses observed Conclusion Clearly states the authors opinion and provides support 10 Mechanics Relatively free of errors in spelling, diction, and sentence structure 30 Total