Name of Course: Criminal Law Grade 11-12 Level(s): Brief Description (Course Catalog): This course will deal with the basic legal terms, concepts, and principles of criminal law and procedures. Students will study crime, the classification of different crimes, the role of the police and the courts in prosecuting criminals, common defenses for certain crimes, the workings of the criminal court system, punishment (including the death penalty), and the individuals Length of Course (Qtr, Sem or Year): role in that system. Class discussion and debate will be encouraged. Semester Instructional Unit I Content Introduction to Law In this unit, students are introduced to essential definitions and ideas regarding the law that will be used later in the course. Nine class days. What is law? What are the goals of any legal system? What is rule of law and why is this concept important to American law? What are the challenges in writing and enforcing laws? What are the limitations of the law? Definition of law, rule of law. Goals of the system of law. The process of making law and its challenges, including conflict, law enforcement, and limitations.
Students will need to know... (vocabulary & skills) Students will be able Resources and Explain what law is and several reasons for having laws. Discuss the relationship between laws and values. Give examples of how laws reflect economic, moral, political, and social values. The importance of words in the process of lawmaking. The challenges in lawmaking given the limitations of words, interpretation, and enforcement. Analyze a case in order to explore the relationship between law and morals. Instructional Unit II to... (performance) Define the terms listed at left and perform the skills listed there as well. assessments Class outline (study guide). Cases for analysis and inclass Content Introduction to Criminal Law In this unit, students will learn the difference between civil and criminal law and a felony and a misdemeanor. They will be introduced to the four elements of all crimes (actus reus, mens rea, concurrence, causation of harm), as well as the concepts of crimes of omission, and attempt. 20 days What is the difference between civil and criminal law? What is the difference between a felony and a misdemeanor? What are the four elements of crime? What is actus reus? What are some situations where voluntariness is an issue in criminal law? What is a crime of omission? What are the four different mens reas? What is a strict liability offense? What is the difference between mistake of fact and mistake of law? What the factor of concurrence? What is the factor of causation? What is the substantial factor test? What is the year and a day rule? What constitutes an attempt? What is a substantial step in determining attempt? Civil law, criminal law, felony, misdemeanor.
Four elements of crime (mens rea, actus reus, concurrence, causation of harm). Four mens reas (intentional, knowing, reckless, negligent) Attempted crime. Students will need to know... (vocabulary & skills) Define the following terms: criminal law, civil law, felonies, misdemeanors, civil law, defendant, plaintiff, mens rea, intentional acts, knowing acts, reckless acts, negligent acts, mistake of fact, mistake of law, actus reus, causation, concurrence, attempt, prosecutor, beyond a reasonable doubt, and preponderance of the evidence. How to engage in case study legal analysis using the legal terms listed above, their definitions, and scenarios/hypotheticals that explain those definitions. Students will be able to... (performance) Define the terms listed at left and perform the skills listed there as well. Resources and assessments Practice essay exam.
Instructional Unit III Content Crimes Against the Person In this unit, students will learn about the various crimes against the person. These include homicide (murder, manslaughter), rape, assault, battery, mayhem, kidnapping, and stalking. 20 days. What is homicide? What are the two different types of homicide? What are the two different types of murder? Manslaughter? What are the three ways of establishing premeditation in a first-degree murder case? What are the three different types of second degree murder? What is felony murder? What are the two different types of manslaughter? What four factors are necessary to prove voluntary manslaughter? What is involuntary manslaughter? What is assault? Battery? Mayhem? What is the definition of rape? What is necessary to prove kidnapping? What factors are necessary to prove stalking? Definitions of homicide, murder, manslaughter, first degree murder, second degree murder, felony murder, voluntary manslaughter, involuntary manslaughter, assault, battery, mayhem, kidnapping, stalking.
Students will need to know... (vocabulary & skills) Students will be able to... Resources and assessments (performance) Define the following terms: homicide, murder, manslaughter, first degree murder, second degree murder, felony murder, voluntary manslaughter, involuntary manslaughter, assault, battery, mayhem, rape, kidnapping, stalking. How to engage in case study legal analysis using the legal terms listed above, their definitions, and scenarios/hypotheticals that explain those definitions. Define the terms listed at left and perform the skills listed there as well. Practice essay examination. Instructional Unit IV Content Crimes Against Property In this unit, students will learn about the various crimes against the person. These include larceny, embezzlement, receipt of stolen property, trespassing, burglary, home invasion, robbery, and extortion. 15 days. What is the difference between larceny and embezzlement? What is a trespassory taking? What is asportation? What is conversion? What is the difference between trespassing, burglary, and home invasion? What factors are necessary to prove burglary? What is the difference between larceny, robbery, and armed robbery? What is a deadly weapon for purposes of defining armed robbery? What is the difference/relationship between robbery and extortion? What is necessary to prove extortion? Definitions of larceny, embezzlement, trespassing, burglary, home invasion, robbery, armed robbery, extortion.
Students will need to know... (vocabulary & skills) Students will be able to... (performance) Resources and assessments Define the following terms: larceny, embezzlement, receipt of stolen property, trespassing, burglary, home invasion, robbery, and extortion. How to engage in case study legal analysis using the legal terms listed above, their definitions, and scenarios/hypotheticals that explain those definitions. Define the terms listed at left and perform the skills listed there as well. Instructional Unit V Practice essay examination. Defenses In this unit, students will learn about the various defenses to criminal charges. These include responsibility defenses (insanity, intoxication, infancy) and justification/excuse defenses (duress, necessity, self-defense, defense of others, defense of property, consent, maintenance of domestic authority, and entrapment. 20 days. What are the three responsibility defenses? What are the two tests used in insanity defense cases? What is the substantial capacity test? What is the burden of proof in insanity defenses cases (in most states)? How does a defendant s intoxication affect the charges brought? What is the infancy defense? How does the age of a defendant factor in to what they are charged with and how they are punished? What factors go into the decision regarding whether to charge a minor as an adult with a crime? What is the difference between a responsibility defense and a justification/excuse defense? What is the duress defense? What is the necessity defense? How is it similar/different than duress?
Content When is self-defense appropriate? When is the use of deadly force used in self-defense appropriate? What is the castle doctrine? What is a stand your ground law? When is force appropriate in defending others? Defending property? Is deadly force ever appropriate in defending others/property? What is the consent defense? What is necessary to prove the defense of entrapment? Definitions of responsibility defense, excuse/justification defense, insanity defense, M Naghten test, substantial capacity test, irresistible impulse test, intoxication defense, infancy defense, duress, necessity, self-defense, defense of others, defense of property, castle doctrine, stand your ground law, consent defense, entrapment. Students will need to know... (vocabulary & skills) Define the following terms: responsibility defense, excuse/justification defense, insanity defense, M Naghten test, substantial capacity test, irresistible impulse test, intoxication defense, infancy defense, duress, necessity, self-defense, defense of others, defense of property, castle doctrine, stand your ground law, consent defense, entrapment. How to engage in case study legal analysis using the legal terms listed above, their definitions, and scenarios/hypotheticals that explain those definitions. Students will be able to... (performance) Define the terms listed at left and perform the skills listed there as well. Resources and assessments Practice essay examination.
Instructional Unit Length of Course (Days/Weeks): Criminal Investigation In this unit, students will learn about the specifics of the Fourth Amendment of the Constitution, which provides, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. These include police procedures/rules regarding detentions (arrest, stop and question) and searches (with a warrant/without). Searches without a warrant include search incident to a lawful arrest, stop and frisk ( Terry Stop ), consent search, plain view, hot pursuit, vehicle search, airport search, border search, emergency situations. In addition, students will learn about the rules regarding interrogations including Miranda warnings and voluntariness. 20 days. What are the four standards applicable in criminal investigation scenarios (nothing, hunch, reasonable suspicion, probable cause)? What are the different types of detentions? Which of the four standards do police need to arrest someone? When are arrest warrants necessary? How are arrest warrants supposed to be served? What is a stop and question? Which of the four standards do police need to stop and question people? What is a search (reasonable expectation of privacy)? What is the exclusionary rule? What is probable cause to search? When do police need to get a warrant to search? Which of the four standards do police need to get a search warrant? How are search warrants supposed to be served? What scenarios allow for searches without warrants? What is a search incident to an arrest? What if a suspect is arrested in his home? Car? How far much can police search in these situations? What is a Terry Stop? What do police need to be able to conduct such a search? What is a consent search? Third person consent? What is the plain view doctrine? What are the rules regarding vehicle searches and the police? What are the rules regarding border and airport searches? In what three emergency situations are police allowed to search without warrant?
Content What is a Miranda warning? When are Miranda warnings necessary? Confessions must be voluntary; what methods can the police use/not use to get suspect confessions? What are the rules regarding suspects who are insane, intoxicated, or ill/unconscious? Police procedures/rules regarding detentions (arrest, stop and question) and searches (with a warrant/without). Searches without a warrant include search incident to a lawful arrest, stop and frisk ( Terry Stop ), consent search, plain view, hot pursuit, vehicle search, airport search, border search, emergency situations. In addition, students will learn about the rules regarding interrogations including Miranda warnings and voluntariness. Students will need to know... (vocabulary & skills) Understand police procedures/rules regarding detentions (arrest, stop and question) and searches (with a warrant/without). Searches without a warrant include search incident to a lawful arrest, stop and frisk ( Terry Stop ), consent search, plain view, hot pursuit, vehicle search, airport search, border search, emergency situations. Students will learn about rules regarding interrogations including Miranda warnings and voluntariness. How to engage in case study legal analysis using the legal terms listed above, their definitions, and scenarios/hypotheticals that explain those definitions. Students will be able to... (performance) Define the terms listed at left and perform the skills listed there as well. Resources and assessments Practice essay examination..