Course Policies and Syllabus CRIMINAL LAW-Section 4 MWF 9:00-9:50 Professor Sanders. Grading. Course Description

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1 Course Policies and Syllabus CRIMINAL LAW-Section 4 MWF 9:00-9:50 Professor Sanders Grading 20% Final (cumulative): (20 multi-state and multiple-choice questions) 15% Midterm: (15 multi-state and multiple-choice questions) 10% (5) Pop Quizzes: (4 multi-state and multiple-choice questions) 5% (5) Case Briefs 50% Comp Exam: (60 multi-state and multiple-choice questions) Course Description This course introduces substantive criminal law. The course surveys the traditional commonlaw requirements for criminal liability and covers the elements of select crimes at common law, under the Model Penal Code, as well a in most modern jurisdictions. These crimes include but are not limited to murder, manslaughter, larceny and conspiracy. The core skill you will develop in this course is evaluating criminal liability. This includes the ability to look at a criminal statute, identify the elements of the criminal offense, apply the facts of a particular case to the elements, and identify and apply potential defenses. You will also learn how to think like a lawyer look at facts objectively and develop the ability to argue all sides of a particular issue. Contact Info: Office: 236D [email protected] Office Hours: Mondays and Wednesday (10:00am-12:00pm, 3:00-4:00), Fridays (10:00am- 12:00pm) Required Materials: Dressler, Joshua, Cases and Materials on Criminal Law, (ThomsonWest, 6 th Addition). Additional required materials will be posted on TWEN or distributed in class. Recommended Materials (Highly Recommended): Dressler, Joshua, Understanding Criminal Law, (LexisNexis). TWEN. This class will use the TWEN webcourse. You must register for the TWEN Webcourse so you can receive s from me. Once registered, you are responsible for logging on to TWEN to access handouts, assignments, and announcements. Assignments. An outline of tentative reading assignments (syllabus) is provided below. The official class-to-class assignments will be provided at the end of each class. Students should bring their casebooks and all handouts with them to class.

2 You may on occasion be given hypotheticals, multiple-choice questions, and other assignments to work on outside of class. Class Discussions. Everybody will be on call each and every class period. However, each student is awarded four (4) passes that he or she may use at his or her discretion. Thereafter, half of a percentage point (.5) will be deducted from your final grade total for each instance of un-readiness. Attendance, Preparation and Participation and other polices. You should come to class and be prepared to discuss the assignments for that class. In addition, in preparation for each class, students should review and study notes (student notes and any notes I have provided) from the prior class. Also, before the beginning of each class week, you should review all notes from the prior week. A failure to attend class regularly, or to be prepared in class, will adversely affect your grade. Students must miss no more than 5 classes over the course of the semester in order to receive credit for the course. No in-class exams, quizzes, or assignments may be made up unless the absence is excused by the Dean of Student s office. Thus any request to make up a quiz, exam or to submit a brief should be made only after an excuse is approved by Dean Mouton. Internet usage is not allowed during class for any purpose unless under the express direction of the professor. Audio or video recordings of the lecture and/or class discussion are not allowed Professionalism. You are expected to treat your colleagues like you want to be treated. You are also expected to be respectful of the teaching process and to abstain from any activity that may detract from the learning environment, included but not limited to engaging in distracting side conversations and not waiting to be acknowledged before you speak. You are expected to be in class on time and to remain there throughout the class period, barring an emergency, i.e. restroom needs. SYLLABUS This syllabus is tentative. Changes will be announced in class. Page numbers refer to the casebook, MPC refers to the Model Penal Code (a casebook appendix), and TPC refers to the Texas Penal Code. You should access the Texas Penal Code through Westlaw or Lexisnexis. BACKGROUND: 1-13 TPC 1.02 Theories of Punishment: BACKGROUND

3 Practice Exam The Queen v. Dudley and Stephens: 49-51, n. 1 & 2 The principle of legality: Actus Reus Requirement Need For An Act 127 MPC 1.13(2) (7), 2.01 Voluntariness 128 (Martin), : n. 1-4 MPC 2.01(2) Liability for Omissions , : n.1-5 MPC 2.01(3) COMPONENTS OF CRIMES Mens Rea Requirement Introduction ; : n.1-3 MPC 2.02 MPC ; : n.1-3 TPC: 6.02, 6.03 Common Law ; : n.1-6 MPC 2.03(2)(a), (3)(a); Attendant Circumstances: ; n.1-6 Mistake of Fact and Mistake of Law Mistake Of Fact cases and all notes MPC 2:04 TPC 8.02 Mistake Of Law cases and all notes cases and all notes MPC 2.04(3) TPC 8.03 Strict Liability case and all notes TPC 6.02 Causation Cause In Fact

4 cases and all notes MPC : nn. 2 & 3 Proximate Cause cases and all notes MPC 2.03(2)(b), (3)(b) CRIMINAL OFFENSES 1 Homicide Introduction ; cases and all notes TPC 19.01, 19.02, 19.04, st and 2nd Degree cases and all notes; MPC 210.0, 210.1, cases and all notes MPC 210.2(1)(b) Manslaughter ; MPC 210.3(1)(b) all notes Depraved Heart Murder & Involuntary Manslaughter ; all notes; ; all notes; MPC Misdemeanor Manslaughter: Felony Murder intro, case, and notes cases and all notes ; n. 1-3 Attempt INCHOATE OFFENSE Introduction ; MPC 5.01 Grading 716 Mens Rea cases and all notes; cases and n.2 Actus Reus ; 715 n.1; note; case and n.1,2,4,5; case and all notes case and n.3; case and n.1-3, 5-7; Impossibility: case and notes 2-7,9,11,12; MPC 5.01(2)

5 Abandonment: case and n.2-5; MPC 5.01(4) Assault ; Solicitation cases and all notes; MPC 5.02 Conspiracy General Principles case and all notes n.1-4; MPC 5.03 Mens Rea (Swain, Lauria, & all notes) Actus Reus (Azim, Cook, & all notes) Bilateral v. Unilateral case and n.1 Types of Conspiracies intro, case and n.1-5; case and all notes Defenses: (Ianelli, Gebardi, Sconce & all notes) Accomplice Liability Introduction case, notes, and comments Elements: (Hoselton and n. 2-3) Mens Rea: re-read Lauria (789); all notes; (Linscott and n. 1) Actus Reus ; ; (Genoa & all notes); case; case Defenses Self-Defense n.1-8 MPC 3.01 Reasonable Belief: case and n.1-10 Reasonable person: Defense of Others/Defense of Property ; Defense of Property/Habitation Entrapment (to be assigned)

6 Necessity ; case and n.1,3 Duress (Contento-Pachon & notes after); Intoxication case and all notes Insanity ; case and all notes; ; MPC: 4.01, 2.08; CRIMINAL OFFENSES 2 Theft Rape Introduction TPC 31.02, Larceny: cases and all notes; : n.1-4; cases and all notes; cases and n. 2-5; cases and all notes Embezzlement: cases and n.1-2 False Pretenses: case and notes 2-3; case and n.1 Burglary: (handout); MPC 221.0; case and n.3,4,6; n.2-5; MPC Other Offenses Assault/Battery revisited ; MPC Robbery: 899, n. 5-6; MPC Receiving Stolen Property: MPC 223.6; (handout) Kidnapping: MPC 212.1; (handout) Arson: MPC (1) and (2); (handout)