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 E-Mail: docksanders@gmail.com 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 emails 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.
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: 29-43 BACKGROUND
Practice Exam The Queen v. Dudley and Stephens: 49-51, n. 1 & 2 The principle of legality: 92-103 Actus Reus Requirement Need For An Act 127 MPC 1.13(2) - 1.13(7), 2.01 Voluntariness 128 (Martin), 128-130: n. 1-4 MPC 2.01(2) Liability for Omissions 136-138, 139-141: n.1-5 MPC 2.01(3) COMPONENTS OF CRIMES Mens Rea Requirement Introduction 149-150; 150-151: n.1-3 MPC 2.02 MPC 159-163; 163-164: n.1-3 TPC: 6.02, 6.03 Common Law 151-155; 155-159: n.1-6 MPC 2.03(2)(a), (3)(a); Attendant Circumstances: 164-166; 166-168 n.1-6 Mistake of Fact and Mistake of Law Mistake Of Fact 193-197 cases and all notes MPC 2:04 TPC 8.02 Mistake Of Law 197-207 cases and all notes 207-212 cases and all notes MPC 2.04(3) TPC 8.03 Strict Liability 174-176 case and all notes TPC 6.02 Causation Cause In Fact
213-218 cases and all notes MPC 2.03 219: nn. 2 & 3 Proximate Cause 220-232 cases and all notes MPC 2.03(2)(b), (3)(b) CRIMINAL OFFENSES 1 Homicide Introduction 235-247; 247-254 cases and all notes TPC 19.01, 19.02, 19.04, 19.05 1st and 2nd Degree 254-258 cases and all notes; MPC 210.0, 210.1, 210.2 258-265 cases and all notes MPC 210.2(1)(b) Manslaughter 265-269; MPC 210.3(1)(b) 269-272 all notes Depraved Heart Murder & Involuntary Manslaughter 294-297; 297-300 all notes; 300-303; 303-307 all notes; MPC 210.4 Misdemeanor Manslaughter: 336-337 Felony Murder 308-310 intro, case, and notes 319-326 cases and all notes 326-330 331-334; 334-335 n. 1-3 Attempt INCHOATE OFFENSE Introduction 708-712; MPC 5.01 Grading 716 Mens Rea 717-721 cases and all notes; 721-724 cases and n.2 Actus Reus 724-726; 715 n.1; 726-729 note; 729-732 case and n.1,2,4,5; 732-734 case and all notes 734-737 case and n.3; 737-744 case and n.1-3, 5-7; Impossibility: 745-759 case and notes 2-7,9,11,12; MPC 5.01(2)
Abandonment: 759-763 case and n.2-5; MPC 5.01(4) Assault 763-765; 211.1 Solicitation 772-777 cases and all notes; MPC 5.02 Conspiracy General Principles 777-780 case and all notes 780-784 n.1-4; MPC 5.03 Mens Rea 785-796 (Swain, Lauria, & all notes) Actus Reus 797-804 (Azim, Cook, & all notes) Bilateral v. Unilateral 804-807 case and n.1 Types of Conspiracies 809-815 intro, case and n.1-5; 815-818 case and all notes Defenses: 818-827 (Ianelli, Gebardi, Sconce & all notes) Accomplice Liability Introduction 828-831 case, notes, and comments Elements: 831-834 (Hoselton and n. 2-3) Mens Rea: re-read Lauria (789); 835-837 all notes; 844-847 (Linscott and n. 1) Actus Reus 848-853;853-855; 857-859 (Genoa & all notes); 864-865 case; 866-868 case Defenses Self-Defense 481-491 n.1-8 MPC 3.01 Reasonable Belief: 492-505 case and n.1-10 Reasonable person: 506-512 Defense of Others/Defense of Property 530-533; 534-539 Defense of Property/Habitation 553-557 Entrapment (to be assigned)
Necessity 541-544; 543-556 case and n.1,3 Duress 564-567 (Contento-Pachon & notes after);572-576 Intoxication 584-592 case and all notes Insanity 592-594; 597-599 case and all notes; 599-604; MPC: 4.01, 2.08; 612-619 CRIMINAL OFFENSES 2 Theft Rape Introduction 893-894 TPC 31.02, 31.03 Larceny: 894-897 cases and all notes; 897-899: n.1-4; 899-906 cases and all notes; 906-910 cases and n. 2-5; 910-918 cases and all notes Embezzlement: 918-922 cases and n.1-2 False Pretenses: 922-924 case and notes 2-3; 924-927 case and n.1 Burglary: (handout); MPC 221.0; 221.1 397-403 case and n.3,4,6; 409-412 n.2-5; 419-428 MPC 213.1 Other Offenses Assault/Battery revisited 763-765; MPC 211.1 Robbery: 899, n. 5-6; MPC-221.1 Receiving Stolen Property: MPC 223.6; (handout) Kidnapping: MPC 212.1; (handout) Arson: MPC 220.1 (1) and (2); (handout)