St. Jerome’s University in the University of Waterloo Department of Sociology and Legal Studies LS 102 (Section 001) Introduction to Criminal Law Winter 2015 Wednesdays & Fridays 8:30am – 9:50am, Siegfried Hall (STJ 1036) Instructor and T.A. Information Instructor: Office: Email: Phone: Office hours: Susan Dianne Brophy, PhD STJ 3025 susan.brophy@uwaterloo.ca 519-888-4567 ext. 28284 Wednesdays & Fridays 10am – 11:30am (changes to be posted on LEARN) Name Contact Jurisdiction (by Last Name) Jessica Jordao jessica.jordao54@gmail.com GROUP 1: A – F Alishau Diebold alishau.diebold@gmail.com GROUP 2: G – N kjwr@live.ca GROUP 3: M – S GROUP 4: T – Z plus AccessAbility and make-up exams Katherine Weaver-Rutten Susan Dianne Brophy susan.brophy@uwaterloo.ca Course Description Criminal law is an exciting but complex field of study. As an introduction to this field, we focus on major concepts and cases in order to achieve a strong foundational understanding of criminal law in the Canadian context. Students will benefit from the mix of learning strategies used in this course. On most Tuesdays there will be a lecture, when new content will be first introduced. However, most Thursdays will be more like tutorials, when cases and examples will be used to help expand on and clarify the lecture material. Toward the end of the course there will be short documentaries screened in class, which speak to the more controversial aspects of criminal law. Course Goals and Learning Outcomes This course was designed with three learning objectives in mind. First, we will gain a basic understanding of how criminal law is made and administered in the Canadian context. Second, we will learn about different theoretical approaches by reading select works by prominent contributors. Third, we will develop a familiarity with the major controversies in criminal law. Required Texts The following text and reserve items are the required materials for the course. Make sure to have these correct materials on hand. No substitutions or exceptions are permitted. Bookstore: Kent Roach, Criminal Law (2012) 5th Edition (Irwin Law Inc.) LEARN/Reserves: Remainder of the readings can be accessed through the Library Course Reserves or through LEARN (see below). 2 Waterloo LEARN LS 102 Section 001 has an online home that is accessible via learn.uwaterloo.ca. Students should visit this page for the latest course announcements, assignment instructions, course email policies, and links to readings not found in the textbook. Go to this page frequently and make it your first stop if you have any questions about the course. Course Requirements and Assessment Requirement Description Value Schedule EXAM 1 EXAM 2 EXAM 3 EXAM 4 Covers W1A to W3A. Short & long answers. Covers W4A to W6A. Short & long answers. Covers W7A to W9A. Short & long answers. Covers W10A to W12A. Short & long answers. 25% 25% 25% 25% FRIDAY, JANUARY 23 FRIDAY, FEBRUARY 13 FRIDAY, MARCH 13 MONDAY, APRIL 6 Missed Examinations For all exams, accommodations will only be considered if: (a) you are ill and submit a University of Waterloo Verification of Illness Form to the course instructor as soon as possible; (b) there was a death of a family member, which you can prove through official documentation (travel receipts will not suffice) submitted to the course instructor; (c) due dates conflict with important dates on your religious calendar, and you have informed the course instructor of this fact; (d) you are registered with AccessAbility Services and can provide the course instructor with the relevant documentation. Familiarize yourself with the University of Waterloo’s policies on what your responsibilities are in the event of a late or missed course requirement: https://uwaterloo.ca/registrar/finalexaminations/examination-regulations-and-related-matters#acc_illness Keep in mind the following regulations: Students in on-campus courses who are ill and unable to meet assignment due dates or write a term test or final examination should seek medical treatment and provide confirmation of the illness to the instructor(s) within 48 hours by submitting a completed University of Waterloo Verification of Illness Form to support requests for accommodation due to illness. The University of Waterloo Verification of Illness Form is normally the only acceptable medical documentation and is available on line at uwaterloo.ca/health-services/student-medicalclinic/services/verification-illness. Students who consult their physician or use the services of an offcampus walk-in clinic must provide this form to the attending physician for completion; doctors' notes and forms created by the physician or clinic are normally not acceptable. Make-up Examinations Students may write a make-up exam only for legitimate reasons, as outlined above. Do not assume that you are eligible to write a make-up exam – you must have permission from the professor. All make-up exams are held in the Professor’s office from 10am-11:20am, according to the following schedule: Exam 1: Fri Jan 30 Exam 2: Fri Feb 27 Exam 3: Fri Mar 20 Exam 4: Mon Apr 13 3 Grading Turnaround Students will receive all examination grades within two weeks of writing the exam. Grade Re-Appraisals The professor will re-evaluate exams upon request only if: (a) the student making the request first consulted the member of the Teaching Team who originally graded the work, and no mutually agreeable solution was achieved; (Note: only for Exam 4 should you consult the professor as first step.) (b) the student understands that the professor’s re-appraisal is no guarantee of a higher grade, but in fact could result in a lower grade on the assignment. Electronic Device Policy Electronic devices may be used for note-taking alone. If your misuse causes a distraction, you will be given a fair warning to stop; if misuse continues, you will be excused from the class. At various points during the year the professor may request that all devices be closed in order to minimize distractions. Class Schedule UNIT I: PRINCIPLES OF CRIMINAL LAW WEEK/TOPIC 1 Criminal Law and the Constitution DATE 1A: WED JAN 7 1B: FRI JAN 9 2A: WED JAN 14 2 Criminal Law and the Constitution 2B: FRI JAN 16 3A: WED JAN 21 3 3B: FRI JAN 23 4A: WED JAN 28 4 Actus Reus READINGS Introduction & Overview Kent Roach, Criminal Law (2012) Excerpts from Chapter 1: - Sections A-I, pp. 1-9 - Section Q & Conclusion, pp. 21-23. (12) Kent Roach, Criminal Law (2012) Excerpts from Chapter 2: - Section A, pp. 24-31. (8) Kent Roach, Criminal Law (2012) Excerpts from Chapter 2: - Section B, pp. 31-50; pp. 59-64. (25) - build on material from 2A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Speakers may request that you familiarize GUEST SPEAKER(S) yourself with some content of their Topic: First Nations choosing prior to the talk – check LEARN. EXAM 1 Kent Roach, Criminal Law (2012) Excerpts from Chapter 3: - Section A, pp. 81-84; pp. 94-95. - Section B, pp. 106-113; pp. 115-119. (18) 4 4B: FRI JAN 30 5A: WED FEB 4 5 Mens Rea 5B: FRI FEB 6 6A: WED FEB 11 6 6B: FRI FEB 13 - build on material from 4A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Kent Roach, Criminal Law (2012) Excerpts from Chapter 5: - Section A, pp. 163-171. - Section B, pp. 180-184. - Section C, pp. 193-195. (17) - build on material from 5A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Speakers may request that you familiarize GUEST SPEAKER(S) yourself with some content of their Topic: Political Protest choosing prior to the talk – check LEARN. EXAM 2 UNIT II: CONTROVERSIES AND DEBATES IN CRIMINAL LAW 7A: WED FEB 25 7 Gender 7B: FRI FEB 27 8A: WED MAR 4 8 Race 8B: FRI MAR 6 9A: WED MAR 11 9 9B: FRI MAR 13 10A: WED MAR 18 10 Corporate Crime 10B: FRI MAR 20 11A: WED MAR 25 11 Mental Disorder 11B: FRI MAR 27 12A: WED APR 1 12 12B: MON APR 6 Nicola Lacey, ‘General Principles of Criminal Law’? A Feminist View’ (2000), pp. 87-100. (14) - build on material from 7A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Richard Delgado & Jean Stefancic, ‘Critical Race Theory and Criminal Justice’, (2007), pp. 133-145. (13) - build on material from 8A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Speakers may request that you familiarize GUEST SPEAKER(S) yourself with some content of their Topic: Sexual Assault choosing prior to the talk – check LEARN. EXAM 3 Kent Roach, Criminal Law (2012) Excerpts from Chapter 6 - Section D, pp. 230-242. (13) - build on material from 10A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Kent Roach, Criminal Law (2012) Excerpts from Chapter 8 - Sections A-G, pp. 279-302. (24) - build on material from 11A TUTORIAL - discuss important cases (linked to on LEARN) - focus on key concepts Speakers may request that you familiarize GUEST SPEAKER(S) yourself with some content of their Topic: Mental Health choosing prior to the talk – check LEARN. EXAM 4 5 IMPORTANT INFORMATION Academic Integrity To maintain a culture of academic integrity, members of the University of Waterloo and its Federated University and Affiliated Colleges are expected to promote honesty, trust, fairness, respect, and responsibility. Discipline A student is expected to know what constitutes academic integrity, to avoid committing academic offences, and to take responsibility for his/her actions. A student who is unsure whether an action constitutes an offence, or who needs help in learning how to avoid offences (e.g., plagiarism, cheating) or about “rules” for group work/collaboration should seek guidance from the course professor, academic advisor, or the Associate Dean. When misconduct has been found to have occurred, disciplinary penalties will be imposed under the St. Jerome’s University Policy on Student Discipline. For information on categories of offenses and types of penalties, students should refer to University of Waterloo Policy 71 (Student Discipline). Grievance A student who believes that a decision affecting some aspect of his/her university life has been unfair or unreasonable may have grounds for initiating a grievance. Students who decide to file a grievance should refer to University of Waterloo Policy 70 (Student Petitions and Grievances). For more information, students should contact the Associate Dean of St. Jerome’s University. Appeals A student may appeal the finding and/or penalty in a decision made under the St. Jerome’s University Policy on Student Discipline or University of Waterloo Policy 70 (Student Petitions and Grievances) if a ground for an appeal can be established. In such a case, read St. Jerome's University Policy on Student Appeals. Academic Integrity Office (UW) http://uwaterloo.ca/academic-integrity/ Note for students with disabilities The AccessAbility Services (AS) Office, located in Needles Hall, Room 1132, collaborates with all academic departments to arrange appropriate accommodations for students with disabilities without compromising the academic integrity of the curriculum. If you require academic accommodations to lessen the impact of your disability, please register with the AS Office at the beginning of each academic term.