TENTATIVE SYLLABUS
Criminal Law
Sociology 4161
Fall 2005
J. Samaha/Joe Herriges
Samaha
Office
635 SST
Hours
11-12:15
Tuesday
Telephone
e-mail
624.624.3529 jbs@umn.edu
or call
952.933.5645
Herriges
COURSE REQUIREMENTS
Required Text. Samaha, Criminal Law, 8th edition.
Assignments. Complete all reading assignments before class.
Class discussions, and exams are based on them. There aren’t a
lot of pages to read for every class, but you’re expected to know
their content thoroughly. Getting the “general idea” won’t help you
much.
13 Exams (100 x 12 = 1200 points). The exams
cover: (1) anything discussed in class, whether assigned or not
(about 80 percent); (2) assigned readings not discussed in class
(about 20 percent). Exams are not cumulative. You’re lowest exam
score among Exams 1-12 (not exam 13) will be thrown out. Exams
are given at the end of each class. Part A covers the text; it’s closed
book and you can’t use your notes. Part B covers the cases in
parentheses; it’s closed book, but you can use your notes, but not
your books.
Make-up exams. You have to take exams at the
scheduled time, unless you give Joe written proof of illness,
death in the family, observance of religious holidays,
participation in athletic events or other official University
functions. The time of make-up exams 1-12 is at the total
discretion of Joe. The makeup for Exam 13 is scheduled by
the Sociology Department. Contact Sociology for details, we
don’t have them. There are no exceptions to these rules.
Discussion. Prepare to discuss (and take an unannounced
quiz on) the cases and other stuff in parentheses in the “Schedule
of assignments and classes” below. I strongly recommend that you
participate in class discussions. Why? For one thing, active
participation can help your grade. But, it can do a lot more.
Participating by talking—and listening—can definitely help you
understand concepts and their application. Students often tell me,
“I understand this stuff, I just can’t put it into words.” One of my
best law professors told us, “If you can’t put what you understand
into good sixth-grade English, then you don’t understand what you
think you understand.” Active participation makes class time go
faster and more enjoyably. Finally, participating in class doesn’t
just help you; it enriches the whole class (and me too). It’s no
exaggeration when I say the success of the class depends on your
participation.
GRADES
Presumptive grade.
Grades start with what I call your
presumptive grade, defined as a straight percent of the 1200
possible points you’ve earned. Presumptive grades
A = 95-100%; A- = 90-94%
B+ = 87-89%; B = 83-86%; B- = 80-82%
C+ = 77-79; C = 73-76%; C- = 70-72%
D+ = 67-69; D = 60-66%
F = less than 60%
Modification of Presumptive grade. If your
presumptive grade is near a borderline, I may raise it to the next
highest grade, if one or more of the following conditions apply: your
exam scores improve; you screw up on one exam; you attend class
regularly; you’ve participated in class discussions; Joe provides me
with positive feedback about your work. It’s rare to move from A- to
an A; a little less rare to move from B+ to A-, and then it gets
progressively easier as you move down the grading scale.
CLASS AND ASSIGNMENT SCHEDULE
September 6. Getting Started, Samaha Chapter 1
September 13. The Criminal Act. Chapter 3 to page 67. (King v.
Cogdon, Exploring Voluntary Acts Further, 1-6, Powell v. Texas).
Exam 1.
September 20. Criminal Act. Omission and Possession. Samaha
Chapter 3, 67 to end. (State v. Kuntz, “Did the bystanders have a
legal duty? Exploring Omissions Further, Porter v. State, Exploring
Possession Further, 1-4). Exam 2
September 27. Criminal intent. Samaha, Chapter 4, 87-100.
(State v. Stark, Commonwealth v. Barnette, State v. Barnes,
Koppersmith v. State). Exam 3.
October 4. Strict liability; Causation. Samaha Chapter 4, 100 to
end. (State v. Loge, People v. Armitage, Exploring Causation
Further, 1-2). Exam 4.
October 11. Parties to Crime; vicarious liability. Samaha, Chapter
5. (State v. Ulvinen, State v. Chism, State v. Beaudry). Exam 5.
October 18. Uncompleted crimes. Samaha, Chapter 6. (State v.
Nesbitt, State v. Damms, LeBarron v. State, Exploring voluntary
abandonment further). Exam 6.
October 25. Defenses of justification. Self-defense, Chapter 7 to
page 214. (People v. Goetz, State v. Stewart, State v. Cramer).
Exam 7.
November 1. Defenses of justification. Retreat, Defense of Others,
and Defense of home. Samaha, Chapter 7, 214-223. (U.S. v.
Peterson, Exploring Retreat Further, Law v. State, Exploring
Defense of Home and Property Further). Exam 8.
November 8. Defenses of justification. Choice of Evils, Consent.
Samaha, Chapter 7, 223 to end. (State v. Ownbey, Exploring
Choice of Evils Further, items 1-2, State v. Shelley, Exploring
Consent Further, items 1-3). Exam 9.
November 15. Defenses of Excuse. Insanity, Samaha Chapter 8, to
page 252. Exam 10
November 22. Defenses of Excuse. Samaha, Chapter 8. (State v.
K.R.L., Oliver v. State, State v. DePasquale, State v. Phipps). Exam
11.
November 29. Criminal homicide. First and second degree
murder. Samaha, Chapter 9 to 304. (State v. Snowden, Exploring 1
st degree murder actus reus further, items 1-2, People v. Thomas).
Exam 12.
December 6. Criminal Homicide. Felony Murder, Manslaughter.
Samaha, Chapter 9, 304 to end. (State v. Stewart, Commonwealth
v. Schnopps; State v. Mays; People v. Datema). Exam 13.
December 13.Criminal sexual conduct. Samaha Chapter 10.
(Commonwealth v. Berkowitz; State in the interest of M.T.S.). Exam
14.