CJ 322: Criminal Law
Spring 2010
Tuesday 6:30 p.m. – 9:00 p.m.
SH 416
Instructor: Gregory L. Howard, Jr., Esquire
Phone: 304-733-6641
E-Mail: howardj1@marshall.edu
Office Hours: By appointment
Course Description
This course covers the history and development of criminal law; elements of a crime;
parties to a crime; and types of offenses.
Prerequisites
CJ 200 - Introduction to Criminal Justice, or permission
Required Text, Additional Reading, and Other Materials
Samaha, J. (2008). Criminal Law, 9th ed. Belmont, CA: Thomson Wadsworth.
Computer Requirements
A student must have a computer or access to one, as well as access to the Internet to
send and receive email messages. If you are using an email account other than your
Marshall email account, you must set your Marshall email account to forward to your
other account. Class related materials are sent to your Marshall email account.
Program’s Student Learning Outcomes
Upon completion of the BA degree in Criminal Justice, students will be able to:
 Describe and apply basic criminal justice information and concepts
 Demonstrate critical thinking and problem solving skills relevant to criminal
justice
 Use appropriate social science and/or legal research and skills and resources to
complete original research in criminal justice
 Effectively communicate in both oral and written formats using disciplineappropriate vocabulary and dialogue
 Recognize and apply ethical principles of the discipline in regard to research, use
of sources, collaboration with colleagues, and principled decision/policy making
 Successfully enter into discipline-appropriate employment as a professional in
criminal justice or, if desired, continue education in graduate and/or law school
 Demonstrate comprehension of discipline-appropriate technology, including
computer hardware and software
Course Student Learning Outcomes and Assessment Measures
Upon completion of this course,
students will be able to
Demonstrate knowledge and
understanding of the basic concepts of
criminal law, including:
 The decision to criminalize conduct
 The various philosophies of
punishment
 Constitutional limits on criminal law
 The concepts of mens rea and
actus reus
 Inchoate crimes
 Party liability (complicity)
 Types and elements of criminal
offenses
Read, interpret, and brief court opinions
Use case analysis and the legal thought
process
Employ inductive reasoning and critical
thinking skills used in legal problem
solving
Each student learning outcome will be
assessed in the following manner:
 Exams
 Case briefs
 Homework assignments
Case briefs
 Exams
 Case briefs
 Homework assignments
 Exams
 Case briefs
 Homework assignments
Course Requirements and Grading
Exam 1 - 100 points
90-100% = A
Exam 2 – 100 points
Final Exam (comprehensive) – 200 points
Case Briefs – 100 points
80-89% = B
70-79% = C
60-69% = D
Homework, in-class assignments, participation – up to 100 points
Below 60% = F
Once assignments/exams are returned to students, it is the responsibility of the
students to maintain those documents in case there is a discrepancy between my grade
book and your actual grade. Please maintain your graded papers until you receive your
final grade.
Attendance Policy
1. NO MAKE-UP QUIZZES, EXAMINATIONS, OR PROJECTS (PAPERS) WILL BE
ACCEPTED FOR UNEXCUSED ABSENCES.
2. The Criminal Justice Department is not a print shop. If you are having trouble
with your printer, you may email the assignment to me as proof that you have
completed the assignment. At that point, no changes can be made to the
assignment; to make changes would be academic dishonesty. You must print out
the paper and bring it to me at the next class period. Be careful what you title
your attachments because the spam blocker could block your message. If you
do not get a reply from me about your paper, I probably didn’t get it. It is your
responsibility to make sure I receive it.
3. Phone Behavior (Cell Phones, Pagers, etc.) Turn them off when you get to
class. If it goes off, you can be penalized 25 points per occurrence. If you have
an emergency situation, let me know and sit by the door. When your phone
vibrates go into the hall to answer it. No texting in class will be permitted. If
you do so, you can be penalized 25 points per occurrence. Also, you should not
check to see who is calling or texting you. Such behavior is disruptive to the
class and will be treated as if you answered the phone, 25 points per occurrence.
4. Computers in class are OK if you are taking notes. If you are emailing, or using
the computer for non-class related surfing, your behavior will be counted as
phone behavior, see number 8.
5. Classroom demeanor. Civility in class is expected. You must respect the
opinions and rights of other students and allow them to participate in class. Be
active in discussions, but do not hog them or blurt out answers all the time.
Everyone should have a chance to participate in class.
6. Stupid questions are questions that are not asked. Questions that are asked are
not stupid questions and will not be treated as such. If you have a question on
class material, ask it. Ignorance means you are unaware of an answer, stupidity
means you are incapable of understanding or knowing. If you don’t understand
something, ask. I doubt that you are incapable of learning the material. Don’t let
ignorance become stupidity; ask in class, by email, or schedule an appointment
to meet.
7. Participate during discussions.
Classroom Civility
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
All students are expected to be in class on time (including exam days).
All pagers, wireless phones, electronic games, radios, tape or CD players, or
other electronic devices must be turned off before students enter the classroom.
This means no text messaging during class sessions or exams.
Individual conversations are not permitted.
Any questions that pertain to the syllabus, assignments, or grades should be
asked before or after the lecture/discussion begins. Questions asked during the
lecture must be relevant to the topic being discussed.
Respect different opinions and keep an open mind.
All students are expected to abide by the academic dishonesty policy. This
means no cheating or plagiarizing!
Students are expected to speak one at a time. Do not be disruptive.
Working on other materials or homework during class time is considered
disruptive not only to the instructor, but to classmates as well.
Do not use class time to catch up on your ZZZZZ’s.
No food or alcoholic beverages are permitted (non-alcoholic beverages are
acceptable).
Students are prohibited from leaving the classroom once the lecture or
discussion has started. Only in the case of an emergency can a student leave
the room. If you need to leave class early for some reason, notify the instructor
in advance.
Support your fellow classmates and reward each other with positive
remarks/comments. This includes any editing remarks students may make when
asked to review other students’ work.
Course Outline, including due dates for major projects:
The following topics will be covered.
Week
Jan. 11
Subject
Introduction
Chapter 1
Pages
2-45
January 4-8: Registration/Schedule Adjustment
January 11-15: Late Registration and Add/Drop Schedule Adjustment
Jan. 18
Chapter 2 – Constitutional Limits on Criminal Law
BRIEF: State v. Metzger
People v. Rokicki
Griswold v. Connecticut
State v. Wilson
Ewing v. California
46-77
January 19-March 19: “W” Withdrawal Period
Jan. 25
Chapter 3 – The General Principles of Criminal Liability
BRIEF: Brown v. State
Commonwealth v. Pestinakas
Miller v. State
78-103
Feb. 1
Chapter 4 – The General Principles of Criminal Liability:
Mens Rea, Concurrence, and Causation
BRIEF: People v. Disimone
State v. Stark
State v. Janatzi
Koppersmith v. State
State v. Loge
Commonwealth v. McCloskey
104-135
Feb. 5.: Application for May Graduation Due in Academic Dean’s Office
Feb. 8
REVIEW FOR EXAM # 1
EXAM # 1
Feb. 12: Last Day to Drop 1st 8 Weeks Courses
Feb. 15
Chapter 7 – Parties to Crime and Vicarious Liability
BRIEF: State v. Ulvinen
People v. Poplar
State v. Chism
State v. Zeta Chi Fraternity
State v. Tomaino
State v. Akers
Career Services Presentation: Resumes and Internship
Placement *
206-231
Feb. 22
Chapter 8 – Inchoate Crimes: Attempt, Conspiracy, and
Solicitation
BRIEF: People v. Kimball
Young v. State
State v. Damms
LeBarron v. State
U.S. V. Garcia
State v. Cotton
232-271
February 24: Spring Career Expo 10 a.m.- 2 p.m. Don Morris Room
March 1
Chapter 9 – Crimes against Persons I: Criminal Homicide
BRIEF: Byford v. State
Henyard v. State
People v. Protopappas
State v. Stewart
People v. O’Neil
Commonwealth v. Schnopps
State v. Mays
Career Services: Mock Interviews (3/2/10)*
272-327
March 3: Mid-semester, 1st 8 weeks Courses End
March 4: 2nd 8 Weeks Courses Begin
March 8
REVIEW FOR EXAM # 2
March 8: Deadline for Submitting Freshmen Mid Term Grades
March 15
March 22
March 29
EXAM # 2
Chapter 10 – Crimes against Persons II: Criminal Sexual
Conduct, Bodily Injury, and Personal Restraint
BRIEF: Commonwealth v. Berkowitz
State in the Interest of M.T.S.
State v. Hoying
People v. Allen
March 19: Last day to drop individual classes with W grade
SPRING BREAK- CLASSES DISMISSED
March 22-April 30: Complete withdrawals only
Chapter 11 – Crimes against Property
BRIEF: Sonnier v. State
State v. Curley
Commonwealth v. Mitchell
Jewell v. State
Remsburg v. Docusearch, Inc.
U.S. v. Ancheta
Chapter 12 – Crimes against Public Order and Morals
BRIEF: Joyce v. City and County of San Francisco
Gresham v. Peterson
City of Chicago v. Morales
March 29-April 2: Advance Registration for Spring Semester for
Currently Enrolled Students
April 9: Last Day to Drop 2nd 8 Weeks Courses
328-366
368-405
368-434
April 5
Chapter 13 – Crimes against the State
BRIEF: Humanitarian Law Project v. Gonzales
436-461
April 5: Advance Registration for Spring Semester Open to All Admitted
Students
April 7: ( Wednesday)Assessment Day- All University classes canceled.
Evening classes 4:00 p.m. or later will meet as scheduled.
April 12
Chapter 5 – Defenses to Criminal Liability: Justifications
BRIEF: People v. Goetz
State v. Stewart
U.S. v. Peterson
Law v. State
U.S. v. Aguilar, et al.
State v. Shelley
136-171
April 12-April 23: Advance Registration for Fall Semester for currently
enrolled students.
April 19
Chapter 6 – Defenses to Criminal Liability: Excuses
BRIEF: State v. Odell
People v. Drew
State v. K.R.L.
Oliver v. State
DePasquale v. State
State v. Phipps
172-205
April 26-30: Dead Week
April 26
Dead Week
April 30: Last Day of Classes
May 3
Final Exam
*Two class periods will be devoted to (1) developing a resume and locating an
internship agency and (2) job interviews. You must be registered for JobTrax and have
a Career Services approved resume before 2/28/10. If you have already registered for
JobTrax and have a Career Services approved resume, you only need to provide
documentation of those facts. If you are not registered with JobTrax and/or if you do not
have a Career Services approved resume, you must complete those tasks by 2/28/10.
Those volunteering for mock interviews will need to come dressed appropriately as if
you were attending an actual job interview.
To register for Job Trax, go to www.marshall.edu/career-services, then click on the
MARSHALL JOBTRAX button. Next, click on the link for Students/Alumni/Faculty.
Click “Register for a New Account” (on the right hand side of the page). Will out all
required fields and submit. Immediate check your email for “JobTrax Email Verification”
message and click the link to confirm. You will receive an email message within two
business days with your JobTrax user name and password.
Attendance in class on 2/16/10 and 3/2/10 is mandatory, unless you have a
university excused absence.
Points for this portion of the course are as follows:
 Successful registration for Job Trax – 10 points
 Career Services approved resume – 10 points
 Attendance in class on 2/16/10 & 3/2/10 – 10 points (5 points each day)
University Computing Services’ Acceptable Use Policy
All students are responsible for knowing this policy, which can be found on the web at
http://www.marshall.edu/ucs/CS/accptuse.asp.
Exam Policy and Make-ups
It is the student’s responsibility to notify the instructor if s/he is unable to take an
examination. If a student fails to contact the instructor prior to the exam or if a student
does not appear to take the exam, that student will receive a grade of zero for the exam.
Those students who do contact me and have a legitimate excuse (including a family
emergency/illness or pre-approved university sponsored activities), an alternative time
to take the exam will be determined. The format of the make-up exam will be left to the
instructor’s discretion. A student who is tardy on exam day will not be permitted to take
the exam once the first student to complete the exam has left the classroom; the
student who is tardy will not be permitted to take the exam or a make-up exam.
Academic Dishonesty Policy
All students must be familiar with the university’s policy concerning academic
dishonesty. Academic dishonesty includes cheating, fabrication and falsification of data
or information, plagiarism, bribes/favors/threats, and complicity with any of these
activities. Students who violate this policy face sanctions included in the Academic
Dishonesty Policy, including lowering of a grade on an assignment, lowering of a final
grade, or failing the course. This policy can be found on pp. 102 – 106 of the
undergraduate catalog http://www.marshall.edu/catalog/undergraduate/ug_09-10.pdf.
Policy for Students with Disabilities
Marshall University is committed to equal opportunity in education for all students,
including those with physical, learning and psychological disabilities. University policy
states that it is the responsibility of students with disabilities to contact the Office of
Disabled Student Services (DSS) in Prichard Hall 117, phone 304 696-2271 to provide
documentation of their disability. Following this, the DSS Coordinator will send a letter
to each of the student’s instructors outlining the academic accommodation he/she will
need to ensure equality in classroom experiences, outside assignment, testing and
grading. The instructor and student will meet to discuss how the accommodation(s)
requested will be provided. For more information, please visit
http://www.marshall.edu/disabled or contact Disabled Student Services Office at
Prichard Hall 11, phone 304-696-2271.
Affirmative Action Policy
This course will follow Marshall University’s policy on Affirmative Action, which can be
found on p. 90 of the 2008-2009 undergraduate catalog
http://www.marshall.edu/catalog/undergraduate/ug_09-10.pdf. Specifically, all students
will be afforded equal opportunity without regard to race, color, sex, religion, age,
disability, national origin, or sexual orientation.
Inclement Weather Policy
Students can find information concerning Marshall’s policy regarding inclement weather
on pp. 92-93 of the 2008-2009 undergraduate online catalog
http://www.marshall.edu/catalog/undergraduate/ug_09-10.pdf.
Do NOT risk your personal safety to come to class. If the weather where you live is
dangerous, please just let me know that you will not be able to make class.
Grade Inquiries
Student materials will be returned as soon as graded to the student. If the student has a
question about a grade on an assignment, the student must bring the assignment to the
professor. No grade inquiries about specific assignments will be explored without the
questioned assignment. It is the student's responsibility to keep their materials. Final
examinations will be kept in my office for 30 days into the next semester. A student may
pick up their final examination after grades are turned in for the semester until thirty
days into the next semester. At that time, finals and all other material not claimed will be
destroyed.