CRIMINAL LAW
SECTION E-01
SPRING 2015
PROFESSOR BARBARA DORTCH-OKARA
Class meets on Mondays, 8:25 p.m. to 9:40 p.m. and Thursdays, 6:00 p.m. to 7:15 p.m., in Room 305.
My office hours are Mondays 4:00 p.m. to 7:00 p.m.; Thursdays, 3:00 p.m. to 5:00 p.m.; Fridays, 2:00
p.m. to 3:00 p.m. My office is room 436 in the Stuart Street building. Please contact the faculty
receptionist at 617-422-7230 to schedule an appointment. If these times are inconvenient, you may
contact me by email at bdortch-okara@nesl.edu to set up an appointment for some other time.
Please be sure to enroll in the course TWEN webpage as I will communicate with students through
this site.
Required Course Books:
Joshua Dressler & Stephen Garvey, Cases and Materials on Criminal Law (6th ed., Thomson
Reuters/West, 2012), the “casebook”
Joshua Dressler, Understanding Criminal Law (6th ed., LexisNexis, 2012), the “treatise”
ASSIGNMENTS, EXPECTATIONS AND GRADING
The class is heavily dependent on your enthusiastic preparation and participation in the work of
the class. Active participation keeps you engaged, enhances your understanding of the material and
aids in the development of your analytical skills. Therefore, it is critically important that you
carefully analyze and brief the assigned cases. To be well-prepared for class, it is useful to read and
consider the notes and questions following the cases. However, students are not expected to
prepare responses to each note or question, only those that I have specifically assigned.
It is expected that students will attend class regularly and punctually. It is the policy of New
England School of Law that any student who misses more than 20% of the classes (in this case, five
classes) will not pass the course. To comply with this policy, I will distribute an attendance sheet
each day of class. It is your responsibility to sign the attendance sheet and to keep track of your
absences.
In the course of the semester, there will be weekend quizzes and other exercises to assess how well
you have understood the material discussed in class. These assignments will be announced well in
advance. The quizzes will be completed online through the TWEN site. You should plan to have
access to a computer and internet connection during the 1-2 hour period in which the quizzes must
be completed. These quizzes will be graded and are worth a total of 10% of your final grade. The
final examination will be 90% of your grade.
The final exam is on May 4, 2015 at 6:00 p.m. and will be a combination of essay and multiple choice
questions. It will be an open book exam. Remember that you may be tested on any of the assigned
reading, even if we did not have time to discuss the material in class.
SCHEDULE OF ASSIGNMENTS
This schedule may be revised during the course of the semester. If I make changes in daily
assignments, I will announce them in class and send an email to each of you through the TWEN site.
If there are any major changes, I will publish an amended syllabus.
Unless otherwise indicated, the assignments set out below are from the casebook. The Model Penal
Code, referred to as “MPC,” is found in the Appendix at the end of the casebook. Readings from the
treatise are recommended, but not required. Students are urged to consult the treatise to review a
topic or if they are having difficulty understanding the assigned materials from the casebook.
1. Thursday, January 8: Introduction to Criminal Law
Casebook, pp. 1-28.
Be prepared to discuss State v. Ragland and questions 1, 2 and 5, pp. 22 – 28.
2. Monday, January 12: Criminal Punishment
Casebook, pp. 29-61.
Be prepared to discuss Dudley and Stephens and questions 1 and 3, pp. 50 – 51; and People v.
Du.
3. Thursday, January 15: Criminal Punishment
Casebook, pp. 69-91.
Be prepared to discuss Coker v. Georgia and questions 1 and 5, pp. 77-81; and Ewing v.
California. Also, review the holding in Miller v. Alabama, 132 S. Ct. 2455 (2012).
4. Wednesday, January 21: Statutory Criminal Law
Casebook, pp. 92-126.
Prepare Commonwealth v. Mochan, answer question 2, p. 95; City of Chicago v. Morales,
question 1, p. 119; and Muscarello v. U.S., question 1, p. 125.
MPC 1.02 & 1.05
5. Thursday, January 22- Actus Reus – Voluntary Act
Casebook, pp. 127-136.
Focus on Martin v. State, questions 1 & 2, p. 128 and State v. Utter, questions 2, 6, & 7,
pp.134-135.
MPC 2.01
Treatise, pp. 85-101
6. Monday, January 26 – Actus Reus – Negative Acts or Omissions
Casebook, pp. 136-148.
From People v. Beardsley, answer questions 2, 4 & 5, pp. 139 - 141 and regarding Barber v.
Superior Court, answer question 3, pp. 146-147.
Treatise, pp. 101-115
7. Thursday, January 29 – Introduction to Mens Rea
Casebook, pp. 149-159.
Answer questions 1 & 4, p. 153, concerning Regina v. Cunningham and questions 2, 4, & 6,
pp. 155- 159, regarding People v. Conley.
Treatise 117-139
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8. Monday, February 2 – The Model Penal Code Approach to Mens Rea
Casebook, pp. 159-174.
From State v. Nations, answer questions 2 & 5, pp. 167 -168, and regarding Flores-Figueroa
v. United States, answer questions 1, 2 & 3, p. 174.
MPC 2.02
Treatise, pp.137-144
9. Thursday, February 5 – Mens Rea of Strict Liability Offenses
Casebook, pp. 174-192.
Answer questions 3 & 4, pp. 184-185 concerning Staples v. United States and questions 1 & 3
regarding Garnett v. State, p. 192.
Treatise, pp. 145-151
10. Monday, February 9 – Mens Rea and Mistake of Fact, Mistake of Law
Casebook, pp. 193-212.
From People v. Navarro, answer questions 1, 3, & 4, pp. 195-196 and regarding People v.
Marrero, answer questions 2 & 3, pp. 205-207. Also answer question 2, p. 211 about Cheek
v. United States and Marrero.
MPC 2.04
Treatise, pp. 153-158; 163-180
11. Thursday, February 12 - Causation
Casebook, pp. 213-234.
Answer questions 2 & 3, p. 218 concerning Oxendine
v. State and questions 1, 3, & 8 regarding People v. Rideout, pp. 224-225 & 227. Also answer
question 2, p. 231 about Velazquez v. State.
MPC 2.03
Treatise, pp. 181-196
12. Thursday, February 19 – Introduction to Homicide
Casebook, pp. 235-265.
From State v. Guthrie, answer questions 1 &3, pp. 257- 258. Read Midgett v. State and State
v. Forrest, then answer questions 1 & 2, pp. 263-264.
MPC 210.0, 210.1, 210.2, 210.3 and 210.4
Treatise, pp. 495-523
13. Monday, February 23 – Heat of Passion Killings
Casebook, pp. 265-288.
Answer questions 1, 3, & 5, pp. 269 – 271, concerning Girouard v. State and Excerpts, and
questions 1 & 4, pp. 288-290, regarding People v. Casassa.
MPC 210.3
Treatise, pp. 524-534
14. Thursday, February 26 – Unintentional Killings by Unjustified Risk-Taking
Casebook, pp. 294-307.
From People v. Moore and People v. Knoller, answer questions 1, 2 & 5 pp. 297-299. Read
State v. Williams, then answer questions 2 & 10 at pp. 303-307.
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MPC 210.3, 210.4, 202(2)(c) & (d)
WINTER BREAK
15. Monday, March 9 – Unintentional Killings and Felony Murder
Casebook, pp. 308-337.
Answer question 1, p. 310, concerning People v. Fuller. Read People v. Howard and answer
questions 3 & 4, p. 325, regarding State v. Sophophone, answer questions 1 & 3 at pp. 334335.
MPC 210.2
Treatise, pp. 510-523
16. Thursday, March 12 – Rape
Casebook, pp. 379-389; 397-417.
Read State v. Alston, then answer questions 1 and 5 on pp. 401 – 403. Answer questions 3, 4
& 5 at pp. 411 – 412, regarding Rusk I and Rusk II.
Treatise, pp. 567-574
17. Monday, March 16 - Forcible Rape
Casebook, pp. 419-446.
Read Commonwealth v. Berkowitz and answer question 4, p. 428. Read State of New Jersey in
the Interest of M.T.S and answer questions 1, 4, & 7 at pp. 436 - 439. Answer questions 1, 2
& 5 at pp. 442 – 445 concerning Commonwealth v. Sherry.
MPC 213.0-213.4
Treatise, pp. 574- 586
18. Thursday, March 19 – Rape by Fraud, Statutory Rape and Summary of Rape
Casebook, pp. 446-460.
Read Boro v. Superior Court, then answer questions 1, 3 & 4 on pp. 449 – 451. Answer
questions 3 at p. 456-457, regarding State v. Herndon and People v. Wilhelm.
19. Monday, March 23 - Theft
Casebook, pp. 893-899; 906-927.
Read United States v. Mafnas and answer questions 2 &4 at pp. 897- 899. Read Topolewski v.
State, Rex v. Pear and Brooks v. State, then answer question 1 on p. 904. Read Lund v.
Commonwealth, then answer question 2 on p. 909; read People v. Davis and Rex v. Bazeley,
answer questions 2 & 3 on p. 922 regarding Bazeley; read People v. Ingram, answer question
3 on p. 924; and read People v. Whight, then answer question 1 on p. 927.
MPC 221.0-223.6
Treatise, pp. 543-565
20. Thursday, March 26 – Defenses to Crimes, Justification Defenses
Casebook, pp. 481-505.
Read U.S. v. Peterson and answer questions 1, 3, 4 & 6 on pp. 486 – 490. Answer questions 10
& 11 at p. 505, regarding People v. Goetz.
MPC 3.01-3.02, 3.04
Treatise, pp. 203-220
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21. Monday, March 30 - Justification Defenses, Self-Defense
Casebook, pp. 506-527.
Read State v. Wanrow and answer questions 1, 3, & 7 at pp. 509 - 511. Read State v. Norman ,
1988 and State v. Norman , 1989, and answer questions 8 & 12 at pp. 523-527.
Treatise, pp. 221-235
22. Thursday, April 2 – Defense of Others, Habitation/Property, Necessity
Casebook, pp. 530-553.
Read People v. Kurr and answer questions 3 &4, on pp. 533 – 534. Answer questions 4, 5, & 9
at pp. 539 – 541, regarding State v. Boyett. Read Nelson v. State and answer questions 2 & 4
on pp. 546 – 547.
MPC 3.05, 3.06
Treatise, pp. 255-272, 285-296
23. Monday, April 6 – Excuse Defenses: Duress and Intoxication
Casebook, pp. 564-590.
Read U. S. v. Contento-Pachon and answer questions 6, & 8 on pp. 570- 572. Read People v.
Unger and answer questions 2 & 5 at pp. 576 - 578. Read People v. Anderson, then answer
question 2 at p. 584. Read United States v. Veach and answer questions 3, & 4, on pp. 587590.
MPC 2.09, 2.08, 3.02
Treatise, pp. 297-315, 217-332
24. Thursday, April 9 – Excuse Defenses, Insanity
Casebook, pp. 592-630.
Read State v. Johnson and answer questions 1 & 3, & 8 on pp. 604-607. Answer questions 2
& 3 on pp. 620- 622 from State v. Wilson. Read Perez v. Cain and answer questions 1 & 2 at
p. 628.
MPC 4.01
Treatise, pp. 340-359
25. Monday, April 13 – Attempt
Casebook, pp. 711-715, 717-752.
Read People v. Gentry and answer questions 1 & 6, on pp. 719-721. Answer question 2 at p.
723 regarding Bruce v. State. Read and brief these cases: United States v. Mandujano,
Commonwealth v. Peaslee, People v. Rizzo, People v. Miller and State v. Reeves.
MPC 5.01
Treatise, pp. 384-412
26. Thursday, April 16 – Conspiracy
Casebook, pp. 777-793.
Read People v. Carter and answer questions 1 & 3 on pp. 777-779. Answer questions1, 2 & 4
on pp. 782-784 on Pinkerton v. United States. Read People v. Swain, answer question1 on p.
788 and People v. Lauria to answer question 1 on p. 793.
MPC 5.03
Treatise, pp. 421-440
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27. Tuesday, April 21 – Accomplice Liability
Casebook, pp. 828–848.
Answer questions 1 & 3 on pp. 833 – 834 regarding State v. Hoselton and answer question 1
on pp. 835 - 837 concerning People v. Lauria (see opinion on pages 789- 793). Read and brief
these cases: Riley v. State and State v. Linscott.
MPC 2.06
Treatise, pp. 457-494
28. Thursday, April 23 – Conclusion and Review
MONDAY, MAY 4, 2015 – 6:00 P.M. - OPEN BOOK FINAL EXAMINATION
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