CJ 322: Criminal Law
Fall, 2011
322-101: TR 9:30 – 10:45 am (CRN: 1778)
322-102: TR 2:00 – 3:15 pm (CRN: 1779)
SH 418
Instructor: Margaret Phipps (“Peggy”) Brown
Office: SH 735
Phone: 304-696-3086
Home Phone: 304-529-3423
E-Mail: brownmp@marshall.edu
Web Page: http://www.marshall.edu/criminal-justice/faculty/brown.htm
Office Hours: 11:00-11:30 am, 1:00-2:00 pm, 3:30-4:30 pm TR
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. (2011). Criminal Law, 10th ed. Belmont, CA: Wadsworth, Cengage
Learning.
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.
You must also have access to MU Online. Supplements to your assignments and your
syllabus will be available there in your CJ 322 class shell.
To set your Marshall Email Account to Forward to your Off Campus Account, go to the
following location http://web.marshall.edu/computing/emaildelivery/.
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
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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
Exam 2 – 100 points
Final Exam (comprehensive) – 200 points
Case Briefs – 100 points
Homework, in-class assignments, participation – up to 100 points
90-100% = A
80-89% = B
70-79% = C
60-69% = D
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.
Plagiarism/Cheating
Plagiarism is the presentation of work or ideas other than your own. Any course work
that is found to bed plagiarized will receive a grade of zero.
Cheating is seeking, obtaining, or access information in any form other than your own
knowledge. Cheating on a test will result is a loss of all credit for that test. Cheating on
an assignment will result in a grade of zero for that assignment.
Attendance Policy
1. A student should recognize that one of the most important aspects of a college
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education is classroom attendance and participation. The value of this part of the
academic experience cannot be fully measured by testing procedures. You must
attend all classes, except where noted.
Absences such as those resulting from illness, death in the family, or institutional
activities (those approved by the academic deans, such as debate, artistic
performances, and athletics) are to be excused when a student reports and verifies
them to the instructor. For such excused absences, the student should not be
penalized (MU Undergraduate Catalog).
When students attend classes, they are in a position to make significant contributions
to their learning experiences and the learning experiences of other students by asking
relevant questions, making pertinent observations, and sharing information. When a
student misses class, the student and the class both suffer from a missed opportunity
to exchange information and promote the learning process. Students should attend
and participate in class.
Students will be held accountable for all requirements and information covered in all
classes, whether or not they attend. If it becomes necessary to give quizzes to spur
attendance or learning, quizzes may be given and their results applied to any test
scores.
Any materials are due in class on the day stated. If papers or any precursors for
papers are late, a student's grade will be reduced by one letter grade per day. The
reductions will begin one minute after the class ends at which the assignment was
due, and deductions will continue to accrue thereafter at the same rate at the same
time each day until such time as the assignment is submitted to the instructor.
NO MAKE-UP QUIZZES, EXAMINATIONS, OR PROJECTS (PAPERS) WILL
BE ACCEPTED FOR UNEXCUSED ABSENCES.
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.
8. 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.
9. 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 9.
10. 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.
11. 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 come to my office.
12. Answer questions during discussions. If you are wrong, I’ll let you know as
gently as possible. I won’t make fun of your answer or you. However, make a
true effort to answer the question. If you are just trying to be the center of
attention and hog the discussions, I’ll let you know before the next class that you
are over the top.
Classroom Civility
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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.
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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
Aug. 22
Subject
Introduction
Chapter 1 – Criminal Law & Criminal Punishment
ASSIGNMENT: Read instructions on page 4 and assign
each summary on pp. 5-6 to one of the five categories listed
in the instructions.
Pages
2-37
Aug. 22 – Aug. 26: Late Registration (Undergraduate)
Aug. 22 – Aug. 26: Schedule Adjustment
Aug. 29
Chapter 2 – Constitutional Limits on Criminal Law
BRIEF: State v. Metzger
People v. Rokicki
Griswold v. Connecticut
Kennedy v. Louisiana
Ewing v. California
Gall v. United States
38-79
Aug. 29 – Oct. 28: “W” Withdrawal Period
Sept. 3 – 5: University Computer Services Unavailable
Sept. 5
Chapter 3 – The General Principles of Criminal Liability
BRIEF: Brown v. State
Commonwealth v. Pestinakas
Porter v. State
80-102
Sept. 5: Labor Day: Classes Dismissed
Sept. 12
Chapter 4 – The General Principles of Criminal Liabilitly:
Mens Rea, Concurrence, and Causation
BRIEF: Harris v. State
State v. Stark
State v. Janatzi
Koppersmith v. State
State v. Loge
People v. Armitage
State v. Sexton
Sept. 16: Application for December Graduation Due in Academic Dean’s
Office
104-132
Sept. 19
REVIEW FOR EXAM # 1
Sept. 23: Last Day to Drop 1st 8 Weeks Courses
Sept. 26
Oct. 3
Oct. 10
EXAM # 1 (9/27)
Chapter 7 – Parties to Crime and Vicarious Liability
BRIEF: State v. Ulvinen
State v. Chism
United States v. Arthur Anderson, LLP
State v. Tomaino
State v. Akers
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
Chapter 9 – Crimes against Persons I: Criminal Homicide
BRIEF: Byford v. State
Durst v. State
People v. Thomas
People v. Hudson
People v. O'Neil
Commonwealth v. Schnopps
State v. Mays
206-233
234-270
272-325
Oct. 11: Mid-semester, 1st 8 weeks Courses End
Oct 12: 2nd 8 Weeks Courses Begin
Oct. 17
REVIEW FOR EXAM # 2
Oct. 17: Deadline for Submitting Freshmen Mid Term Grades
Oct. 24
EXAM # 2 (10/25)
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.
Hamilton v. Cameron
State v. Hoying
People v. Allen
Oct. 28: Last day to drop individual classes with W grade
326-369
Oct. 31
Chapter 11 – Crimes against Property
BRIEF: State v. Olivo
U.S. v. Coughlin
State v. Curley
Sonnier v. State
Commonwealth v. Mitchell
Jewell v. State
370-417
Oct. 31: Recommended Date to Apply for May 2011 Graduation
Oct. 31 – Dec. 6: Complete withdrawals only
Nov. 7
Nov. 14
Nov. 21
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
City of St. Paul v. East Side Boys & Selby Siders
Chapter 13 – Crimes against the State
BRIEF: Humanitarian Law Project v. Gonzales
418-449
Nov. 7 - Nov. 18: Advance Registration for Spring Semester for Currently
Enrolled Students
Nov. 11 Last Day to Drop 2nd 8 Weeks Courses
450-471
Chapter 5 – Defenses to Criminal Liability: Justifications
BRIEF: People v. Goetz
State v. Thomas
People v. Gray
State v. Shelley
THANKSGIVING BREAK – CLASSES DISMISSED
164-173
Nov. 21 – Dec. 22: Advance Registration for Spring Semester Open to
All Admitted Students
Nov. 21 – Nov. 26: Thanksgiving Break – Classes Dismissed
Nov. 24 – Nov. 25: University Closed
Nov. 24 – Nov. 27: University Computer Services Unavailable
Nov. 28
Chapter 6 – Defenses to Criminal Liability: Excuses
BRIEF: United States v. Hinkley
People v. Drew
State v. K.R.L.
Oliver v. State
State v. Phipps
Nov. 30 – Dec. 6: Dead Week
Dec. 5
OPEN
Dec. 6: Last Day of Classes and Last Day to Completely Withdraw
Dec. 7: Study Day
Dec. 10: Winter Commencement
Dec. 12
322-101: 12/13/11 @ 8:00 am
322-102: 12/8/11 @ 12:45 pm
174-205
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. 67-78 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. 64 of the 2011-2012 undergraduate catalog. 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. 65-65 of the 2011-2012 undergraduate online catalog.
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.