Indiana University School of Law – Indianapolis
CRIMINAL LAW
SECTION A
IN LAW D533
SPRING 2022
Course Outline and Expectations
Date & Time:
M/W 2:20 – 3:45 pm
Location:
Inlow Hall Room 245
Instructor:
Professor Silva
Office:
IH 231
Office Hours:
Wednesday 4 – 5 pm or by appointment
Telephone:
(317) 278 – 6712
E-Mail:
lrsilva@iupui.edu
Teaching Assistant:
Text:
Cody Mitzelfelt - cmitzelf@iu.edu
Joshua Dressler & Stephen P. Garvey, Cases and Materials
on Criminal Law, 8th Ed.
Course Overview
This course surveys criminal law through the study of criminal statutes and related
doctrine. The topics range from theories of punishment to elements of a crime to burdens
of proof to affirmative defenses. Generally speaking, criminal law brings students face to
face with important policy issues surrounding American criminal justice today.
Learning Outcomes
At the end of this course students will:
1. Engage in elements analyses;
2. Engage in statutory interpretation;
3. Understand statutes, case law, and constitutional provisions related to criminal
prosecution;
4. Formulate and orally advocate appropriate arguments in the best interest of their
clients;
5. Identify and describe the policy frameworks and principles that inform criminal
law well as critique how these frameworks and principles advance (or fail to
advance) efforts to address key challenges in this area of law.
Course Methodology
Classes will be conducted using a combination of the Socratic method, lecture, and small
group exercises. You will be treated as a lawyer and as such you will be expected to
disagree with judicial opinions, statutes, and even the professor. Respectfully disagreeing
with the professor is not only welcome it is encouraged. You will also be expected to
undergo elements analyses and understand criminal statutes as well as cases and relevant
policy issues. This will be useful in both defending a specific outcome and advocating for
reform of a certain legal principle. Creative lawyering is always encouraged.
Class Attendance
Class attendance is required. At the beginning of each class, an attendance sheet will be
circulated. In order to receive class credit, students must be present for at least 50% of
class. Students who are tardy for class will be recognized and such lateness will be noted.
If tardiness becomes habitual, long, or unjustified, I reserve the right to consider such
lateness the equivalent of an absence.
Students are permitted three (3) absences for the semester. Absences amounting to more
than three will result in a drop of the student’s letter grade by a half grade, e.g., B+ to a B.
It is your responsibility to use your absences strategically and not exceed the three (3)
absence limit. If any student is absent for more than four (4) classes, I reserve the right to
have that student involuntarily withdrawn from the course. I will make only one exception
to this rule: the demonstration of “extraordinarily good cause” for each additional absence.
Laptops and Cell Phones
Laptops may be used in class. However, I reserve the right to ban laptops at any time.
Surfing the Internet will NOT be tolerated. If it is discovered that a student is surfing the
Internet during class time then he or she may be on-call for the remainder of class and
possibly asked to leave. In addition, cell phone and pagers must be turned OFF. The
ringing of cell phones is not only distracting it is disrespectful to the professor and your
colleagues. Violation of these rules may result in exclusion from the class. I reserve the
right to ask students to leave class and count the exclusion as an absence and perhaps bar
the student permanently.
2
Reading Assignments and Class Preparation
Reading assignments are selected so that each class during the semester will cover
approximately 15 to 50 pages of material. Some assignments may be longer, and others
shorter. Most of the readings will be drawn from the text. However, there will be
supplemental exercises given throughout the semester. You are responsible for all of the
readings assigned and completion of all exercises distributed.
Students are expected to attend class having read all assigned material and be prepared to
discuss the readings, respond to questions, and debate the material. You are lawyers and
are always expected to be prepared.
Just as a note, it is better to come to class unprepared than to miss class entirely.
Assessment and Grading
Grades will be based on classroom preparedness, participation and a comprehensive final
examination. Your final numerical grade is determined by the final examination. Your
final grade may reflect preparedness and participation if and when the curve permits.
Classroom preparedness and participation
I reserve the right to bump up your final grade by for class participation. I may call
on students at random or I may pick a few students to sit as a panel for the entirety of the
class. If you are unprepared, I may ask you to leave the class. If such unpreparedness
persists, I may have you withdrawn.
Final Exam
The exam is scheduled on Friday, April 29, 2022, at 9 am. You may NOT consult
with other people during the exam nor may you use the Internet. Further details regarding
the exam format will be provided in class.
Professor Accessibility and Communication
Students are encouraged to utilize office hours to consider questions about the readings and
in-class discussions as well as explore new ideas and related topics. Office hours can also
be used to talk about broader law school issues as well as educational and professional
goals. If office hours do not fit your schedule, please feel free to make an appointment.
Course and University Policies
3
The Honor Code and academic policies regarding Student Conduct, Prohibition on
Recording Classes, Course Registration and Withdrawal, Grade Distribution, Students
Called to Active Duty, and Students with Disabilities or Special Needs, as well as the Final
Exam Schedule are available to students through the University and Law School Web Sites.
Each student is responsible for understanding and following all applicable University and
Law School policies.
Course Plan and Reading Assignments – Tentative (subject to change)
Any changes to the readings will be discussed in class.
All readings are from Dressler & Garvey unless otherwise noted.
DATE
January 10, 2022
January 12, 2022
January 17, 2022
January 19, 2022
January 24, 2022
January 26, 2022
January 31, 2022
February 2, 2022
February 7, 2022
TOPIC
Course Expectations
Introduction
• Presumption of Innocence
o Owens v. State (Maryland, 1992)
o Jury Instruction – PBRD
Principles of Punishment
Introduction
• Jury Nullification
o State v. Ragland (New Jersey, 1986
•
MLK Day – No Class
Principles of Punishment
• Utilitarianism
• Retributivism
Principles of Punishment
• Who Should Punished?
o The Queen v. Dudley and Stephens
(1884)
o People v. Superior Court (Du)
(California 1992)
o People v. Du (California, 1991)
Principles of Punishment
The Penal Theories In Action
• Who Should Punished (Cont’d)?
o United States v. Gementera, (9th
Cir. 2004)
Principles of Punishment
Proportionality
• Coker v. Georgia (1977)
• Kennedy v. Louisiana (2008)
• Ewing v. California (2003)
In – Class Exercise – Dudley
Modern Role of Criminal Statutes
READINGS
1 - 19
19 - 29
31 - 45
51 - 62
63 – 70
73 - 90
No Reading
91 – 105
4
February 9, 2022
February 14, 2022
February 16, 2022
February 21, 2022
February 23, 2022
February 28, 2022
March 2, 2022
March 7, 2022
Principle of Legality
• Previously Defined Conduct
o Commonwealth
v.
Mochan
(Pennsylvania 1955)
o Keeler v. Superior of California
(California 1970)
Modern Role of Criminal Statutes
Principle of Legality
Values of Statutory Clarity
• Statutory Clarity
o In re Banks (North Carolina 1978)
Statutory Interpretation Principle of Legality
• Muscarello v. United States (1998)
Elements Lecture
Bar Terms 1 & 2
Actus Reus
Voluntary Acts v. Omissions
• Martin v. State (Alabama 1944)
• State v. Utter (Washington 1971)
Elements Lecture
Bar Terms 1 & 2
Actus Reus
Voluntary Acts v. Omissions
• People v. Beardsley (Michigan 1907)
• Barber v. Superior Court (California 1983)
Social Harm
In – Class Exercise) - Billingslea
Bar Term 3
Mens Rea
Nature of “Mens Rea”
• Regina v. Cunningham (England 1957)
Proving Culpability
• People v. Conley (Illinois 1989)
AUSA, Chief of Criminal Division, Cindy Cho
Mens Rea
Model Penal Code
Willful Blindness – “Knowledge” of A/C
• State v. Nations (Missouri. ED, 1984)
Strict Liability Offenses
• Staples v. United States (1998)
• Garnett v. State (Maryland 1993)
Bar Term 4
Mistake and Mens Rea
1. Mistake of Fact
• People v. Navarro (Cal. 1979)
105 – 114
121 – 127
129 - 141
141 – 155
No Reading
157 - 168
[TBA]
169 – 178
189 – 205
205 – 226
5
2. Mistake of Law
• People v. Marrero (NY 1987)
• Cheek v. United States (US 1991)
6