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CRIMINAL LAW SYLLABUS (LAW 516 § 2)
M/W/F 9:00-9:50am (Room 204)
Prof. Jennifer A. Brobst; Office 244, jbrobst@siu.edu, 618-453-8702
COURSE DESCRIPTION AND LEARNING OBJECTIVES: This three hour required core course
will provide law students with a basic understanding of the structure, policies, and interpretation of
substantive criminal law and the criminal justice system. Students will learn to advocate for defendants
and the State within the criminal justice system, understanding the general principles of criminal law and
the specific elements of crimes and defenses.
REQUIRED TEXTBOOK: ELLEN S. PODGOR ET AL., CRIMINAL LAW: CONCEPTS AND PRACTICE (3rd
edition 2013) (available for rent and used); other materials as assigned on syllabus or TWEN
RECOMMENDED SUPPLEMENT (for purchase and home use review, outline preparation, and both
final exam and bar exam study): Gilbert Law Summaries on Criminal Law (18th ed., 2009), ISBN13: 978-0314194305 ISBN-10: 0314194304. Note: I do not recommend use of Emanuel on Criminal
Law, Dressler's Black Letter Outline on Criminal Law, Dressler's Understanding Criminal Law, or any
"nutshell" for our course this Spring.
FLASHCARDS AND AUDIOBOOKS: Be careful on purchasing these materials. More is not better
and these companies don't necessarily offer anything different. If you find you are superficially studying
a variety of expensive resources and still not understanding the material in class, then you probably need
to use fewer resources, slow down, and spend more time reading and thinking about them in
depth. Remember that your tuition has already paid for your right to use library materials, professor
office hours, study groups, tutors, and many other resources. Also, websites like flashcardmachine.com
allow you to create flashcards for free and create your own online memory quizzes.
LIBRARY RESOURCES: Wayne LaFave, Criminal Law (hornbook) (5th ed., West Publications, 2010)
is an excellent free resource to look at certain materials in depth if you need. Note: In the law library,
feel free to browse through the criminal law treatise section for a variety of other similar resources (see
section KF9219.3 - remember you can check these out and take them home).
OFFICE HOURS: Mondays and Wednesdays 10:00am – 11:00am (drop in). Also feel free to contact
Paula Hartsock (http://law.siu.edu/our-people/civil-service/hartsock.html) in the Center for Health Law
and Policy main office (second floor top of the stairs) if you need assistance with scheduling a meeting.
ATTENDANCE: Students may miss up to a maximum of five (5) absences. Late arrival and early
departure from class should be rare and may be counted as an absence based on the professor’s discretion.
CLASS EMAIL AND TWEN: Per the law school regulations, students must regularly check and be
responsive to email communications with faculty (see: http://law.siu.edu/_common/documents/rulescode/email-rule-ay14-15.pdf). Students are expected to regularly check the TWEN course page.
GRADED ASSIGNMENTS: Writing Assignments: Information/Charging document (10%); Motion to
dismiss (10%); Midterm (15%) (multiple choice); Final Exam (65%) (bar exam style closed book 3 hour
exam, including multiple choice and essay).
SIU Spring 2016 (rev. 12/31/2015)
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COURSE OUTLINE (subject to occasional revision based on course progress)
DATE
SUBJECT
READING ASSIGNMENT
W 1/20
PART ONE –
Systems
Overview
(1) Overview of criminal justice process and basic interpretation of
crimes: Skim Chapter 6 (criminal procedure)
(2) https://www.isba.org/sites/default/files/Media%20Law%20Handb
ook%20Chapter%2006%20-%20Criminal%20Procedure.pdf
(3) State v. Harris, 556 S.W.2d 468 (Mo. Ct. App. 1977) (common
assault) [look up on Westlaw or Lexis]
Codifying criminal law and structure of the charge in a complaint,
information or indictment:
(1) Boston bombing indictment (see TWEN)
(2) Chapter 2 (Podgor) pp. 47-77, complete all problems in text
[do not read Chapter 1 yet, as it is better discussed at the end
of the course]
(3) http://prosecutor.cuyahogacounty.us/en-US/Grand-JuryUnit.aspx (Ohio grand jury process overview)
(4) http://www.americanbar.org/groups/professional_responsibil
ity/publications/model_rules_of_professional_conduct/rule_
3_8_special_responsibilities_of_a_prosecutor.html (ABA
Model Rules Professional Conduct Rule 3.8)
(5) https://www.washingtonpost.com/posteverything/wp/2015/1
2/29/in-tamir-rices-case-the-grand-jury-process-was-turnedupside-down/
(1) Chapter 3 (actus reus) pp. 79-91 [skip Problem 7]
(2) Chapter 6 (concurrence and proof of elements)
F 1/22
M 1/25
PART TWO:
Elements of a
criminal charge
W 1/27
F 1/29
M 2/1
(1)
(2)
(1)
(2)
W 2/3
F 2/5
M 2/8
W 2/10
F 2/12
M 2/15
T 2/16
W 2/17
PART THREE:
Select charges
Chapter 3 (actus reus) pp. 91-101
Actus reus exercises
Chapter 4 (mens rea) pp. 103-109
Armenta-Lagunas v. Holder, 724 F.3d 1019 (8th Cir. 2013)
(deportation based on criminal conviction)
(1) Chapter 4 (mens rea) pp. 110-119
(2) King v. State, 157 Tenn. 635 (1928)
(1) Chapter 4 (mens rea) pp. 119-126 [review Prob 8]
(2) Practice essay distributed
(1) Mens rea exercises
(2) Practice essay overview
(1) Chapter 5 (causation) pp. 177-199 [skip Prob 14, review 15]
Crafting the criminal charge:
(1) People v. Barwan, Sandkam & Klicks, 954 N.E.2d 427 (Ill.
Ct. App. 2011) (motion to dismiss for improper DUI charge)
(2) Sample filing of criminal charge (sexual assault):
www.doj.state.wi.us/sites/default/files/2013-news/20130204criminal-complaint-gouker-glendon.pdf
(1) Criminal charge in class exercises
(2) Information/Charging assignment distributed
Virtual (recorded) short class with tips on writing standards and
expectations for criminal information assignment
Substance abuse and firearm charges:
(1) http://www.huffingtonpost.com/brian-ross/to-stop-theshootings-new_b_5484164.html
(2) http://www.mfirecovery.com/teenage-substance-abuse-andgun-violence/
DEADLINE
SIU Spring 2016 (rev. 12/31/2015)
Criminal
information
assignment
distributed
Page 2
DATE
SUBJECT
F 2/19
Assault, battery, arson, and kidnapping:
(1) Mathews v. State, 849 N.E.2d 578 (Ind. 2006)
(2) Carter v. Commonwealth, 269 Va. 44 (2005)
(3) State v. Thomas, 196 N.C. App. 523 (2009)
Ch. 10 Larceny and Fraud (pp. 395-421, review Problems 32-33, skip
34)
M 2/22
W 2/24
F 2/26
M 2/29
W 3/2
F 3/4
M 3/7
Ch. 10 Robbery and Burglary (pp. 421-434, review Problems 35-36)
Ch. 9 Rape (pp. 384-387)
Ch. 8 Murder (pp. 279-307)
Ch. 8 Manslaughter and Negligence (pp. 307-326)
Ch. 8 Felony Murder (pp. 326-344)
Complex topics in charging: State v. Goodwin, 143 S.W.3d 771
(Tenn. 2004) (double jeopardy, lesser included offenses)
n/a
W 3/9
F 3/11
M 3/14 –
F 3/18
M 3/21
SPRING
BREAK
PART FOUR:
Defenses
W 3/23
F 3/25
M 3/28
F 4/8
PART FIVE:
Complex
Topics
T 4/12
W 4/20
F 4/22
M 4/25
W 4/27
F 4/29
F 5/13
Last class
FINAL EXAM
Criminal
Information
due
Midterm
Exam
Introduction to criminal defenses (no reading)
Defense
motion
assignment
distributed
Ch. 11 Attempt (pp. 435-455)
Virtual (recorded) short class with tips on writing standards and
expectations for criminal information assignment
Ch. 11 Attempt (pp. 455-472)
Ch. 12 Solicitation
Ch. 13 Conspiracy (pp. 489–509)
W 4/13
F 4/15
M 4/18
DEADLINE
Review midterm
n/a
Ch. 15 Defenses (pp. 545-574)
Ch. 16 Self-defense (pp. 575-588)
(1) Ch. 16 Castle doctrine (pp. 589-599, skip Problem 51)
(2) Little v. State, 111 So.3d 214 (Fla. Ct. App. 2013) (stand
your ground law)
Ch. 16 Defense of others and property (pp. 606-631)
Ch. 17 Necessity
Ch. 18 Entrapment
(1) Ch. 19 Insanity & diminished capacity (pp. 673-692)
(2) Ch. 30 intoxication (pp. 705-709)
Defense in class exercises (bring your outline)
W 3/30
F 4/1
M 4/4
W 4/6
M 4/11
READING ASSIGNMENT
Defense
motion due
Ch. 14 Accomplice Liability (pp. 521-541; not the case study)
Ch. 4 Proving Intent and Willful Blindness (pp. 127-144)
(1) Ch. 4 Transferred Intent (pp. 144-150)
(2) Ch. 4 Strict Liability (pp. 151-158)
Ch. 4 Mistake (pp. 159-173)
Review and exam strategy
(8:15-11:15am)
SIU Spring 2016 (rev. 12/31/2015)
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ADDITIONAL COURSE ADMINISTRATION MATTERS:
Make-Up Classes: Students may make up to one missed class by serving as a mock juror for the SIU
trial team practicing for a criminal trial competition (must timely submit proof of attendance form signed
by trial team organizer).
Academic Integrity and Honesty: Students must adhere to the SIU Student Conduct Code policies
prohibiting plagiarism, cheating on examinations, false statements regarding assignment completion and
authorship, false assertions regarding attendance, and other forms of dishonesty in academic performance.
Classroom Decorum: Criminal law is a course involving difficult and sensitive subject matter. All
students and faculty in the course are expected to treat each other and the subject matter with the highest
level of professionalism and mutual respect.
Wellness and Disability Disclosure Statement: SIU has multiple resources for students with personal
needs for support, including legal, mental health, medical, disability, anti-discrimination, and other
services (see http://www.law.siu.edu/about/student-experience/support-services.html). Students with
disabilities are entitled to reasonable accommodations and academic adjustments (see
http://disabilityservices.siu.edu). Any student requiring official accommodation because of a disability
should contact the Associate Dean’s Office at the law school. All students are welcome to discuss any
personal needs or strengths as they relate to the course with the professor, including a need for referrals to
resources off campus.
Class Recordings: This course will not be recorded. Students may audio record the class without prior
approval from the instructor, but redistribution of recordings to others not enrolled in the class or who
would not otherwise have access to the recordings is strictly prohibited.
Emergency Procedures: Southern Illinois University Carbondale is committed to providing a safe and
healthy environment for study and work. Because some health and safety circumstances are beyond our
control, we ask that you become familiar with the SIUC Emergency Response Plan and Building
Emergency Response Team (BERT) program. Emergency response information is available on posters in
buildings on campus, available on BERT's website at www.bert.siu.edu, Department of Safety’s website
www.dps.siu.edu (disaster drop down), and in the Emergency Response Guideline pamphlet. Know how
to respond to each type of emergency. Instructors and administrative staff will provide guidance and
direction to students in the classroom in the event of an emergency affecting your location. It is important
that you follow these instructions and stay with your instructor during an evacuation or sheltering
emergency. The Building Emergency Response Team will provide assistance to your instructor in
evacuating the building or sheltering within the facility.
SIU Spring 2016 (rev. 12/31/2015)
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