CRIMINAL LAW
LAW 530 / SECTION 2
FALL 2014
PROFESSOR
SPEARIT
3100 CLEBURNE STREET | HOUSTON, TEXAS 77004
TELEPHONE: 713.313.4455 | FAX: 713.313.1049
TABLE OF CONTENTS
The Professor ................................................................................................................................................ 3
Course Books & Material ............................................................................................................................. 4
Course Description & Objective ................................................................................................................... 5
Student Learning Outcomes .......................................................................................................................... 6
Grading ......................................................................................................................................................... 7
Accommodations .......................................................................................................................................... 8
Academic Calendar ....................................................................................................................................... 9
Policies & Procedures ................................................................................................................................. 10
Reading Assignments.................................................................................................................................. 11
THE PROFESSOR
NAME: SpearIt
TELEPHONE: 713-313-7276
EMAIL: spearit@tmslaw.tsu.edu
LOCATION: Suite 236N
OFFICE HOURS:
MWF 5:00 p.m. – 7:00 p.m.
and by appointment
NOTE FROM THE PROFESSOR:
Please note—aside from regular office hours I maintain an “open door” policy by which you can
stop by my office anytime my door is open. If my door is shut, it means that I am preparing for
class or working on scholarship—so unless it is an emergency, please stop by at another time or
schedule a time to meet.
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COURSE BOOKS & MATERIAL
1.) Joshua Dressler, Cases and Materials on Criminal Law (West. 5th ed., 2009)
2.) LexisNexis Capsule Summary (Criminal Law)
3.) Recommended: Joshua Dressler, Understanding Criminal Law
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COURSE DESCRIPTION & OBJECTIVE
DESCRIPTION:
This course will provide an introduction to the basic principles of criminal law, including general
principles of punishment, legality, culpability, causation, justification and excuse; the course also
investigates specific crimes such as criminal homicide, forcible rape, and larceny among others.
It seeks to familiarize students with the two main traditions that inform American criminal law:
the English common law tradition and the Model Penal Code. Students are also introduced to
bar style examination questions. This course concentrates on the main rules and concepts that
students are likely to encounter, both on the Texas Bar examination as well as in practice.
OBJECTIVE:
The primary focus of the course is to understand the basics concepts of criminal law and
statutory interpretation. A secondary course focus is to hone student test-taking skills. As
criminal law is a subject of the Texas Bar Examination, students will develop better exam
strategies and will be afforded the opportunity to develop their skills by practicing on bar style
examination questions with ongoing feedback from the instructor.
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STUDENT LEARNING OUTCOMES
Students will become competent in briefing cases and developing an outline as an attack plan for
the examination. By the end of the semester, students will master basic lawyering skills of
reading and interpreting statutes in light of the common law and principles of statutory
construction, as well as synthesizing and distinguishing court opinions; after reading course
materials, briefing cases, outlining, and participating in class discussion and problem solving
sessions, students will be able to analyze the facts of a case and determine the issues that
implicate substantive criminal law, including crimes and defenses to crimes. Furthermore,
students will become competent in identifying paradigmatic question structures on multiplechoice questions and develop problem-solving strategies.
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GRADING
40% Final Exam
30% Midterm Exam
20% Issue Spotter Quiz
10% Criminal Trial Assignment
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ACCOMMODATIONS
Please see professor.
The Law School will make reasonable accommodations to documented disabilities. Such
accommodations will not be provided if they fundamentally alter the nature of the program or if
they would be unduly burdensome either financially or administratively.
Please refer to the student hand book for further information:
http://www.tsulaw.edu/student_affairs/docs/2011-2012AccommodationsHandbook.pdf
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ACADEMIC CALENDAR
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POLICIES & PROCEDURES
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Attendance is mandatory; school of law policy, informed by the ABA accreditation standards,
requires regular and punctual attendance. Excessive absences will likely affect your grade and
you may be dropped from the course.
Students will prepare an outline that may be used on the midterm/final (25/50 page limit).
No texts other than the casebook & supplements are allowed in class.
Internet access is not allowed during classtime; failure to respect this policy will result in the
student’s removal from the class as an unexcused absence.
Outstanding class participation can raise your grade by a mark, e.g., a “B” will become “B+”.
To enhance the learning experience you will have opportunity to learn through class participation
and rigorous questioning. Students should read all materials assigned for each class and be fully
prepared for class discussion.
For the Criminal Trial assignment, students will be expected to view two videos of how a
criminal case moves through federal court and answer questions about the videos. A hardcopy of
the answers are due by the midterm on October 17. The two videos are at youtube.com:
http://www.youtube.com/watch?v=T_-RVHJf-F4
http://www.youtube.com/watch?v=pdIK6Snp9Aw
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READING ASSIGNMENTS
INTRO & PRINCIPLES OF PUNISHMENT
Week 1
8/18 Intro to the Course, Materials, Method
Nature, Source, and Limits of Criminal Law
Casebook (CB) pgs. vii-xi, 1-5; Notes & Questions (N&Q)—1, 2, 3, 5, 7; Model Penal Code
(MPC)—958-63, Table of contents and Section 1.02
8/20
Right to Jury, Proof of Guilt, Presumption of Innocence
CB 6-18; N&Q—1, 2, 3; Owens v. State, N&Q—1, 2, 3
8/22
Jury Nullification, Procedural Issues, Charge Stacking
CB 19-29; State v. Ragland, N&Q—all); Process of a Criminal Case (supplement); Complaints
Week 2
8/25 Principles of Punishment I
CB 30-46, N&Q—none
8/27
Principles of Punishment II: Application
CB 48-62, The Queen v. Dudley and Stephens, N& Q—all; People v. Superior Court, People v.
Du, N&Q—all
8/29
Limits on Punishment I: Proportionality
CB 72-91, Coker v. Georgia / Ewing v. California, N&Q—all
Week 3
9/1
Holiday—No Class
9/3
Limits on Punishment II: Legality
CB 92-105, Commonwealth v. Mochan, N&Q—all / Keeler v. Superior Court, N&Q—1, 3, 4;
CB 113-119, City of Chicago v. Morales, N&Q—all
ELEMENTS OF A CRIME
9/5
Voluntary Act / Actus Reus
CB 127-30; 136-41, Martin v. State, N&Q—all; People v. Beardsley, N&Q—1, 2, 4, 5, 6;
MPC—1.13, 2.01
Week 4
9/8
Mens Rea
CB 149-63, U.S. v. Cordoba-Hincapie, N&Q—all; Regina v. Cunningham, N&Q—all; People v.
Conley, N&Q—1, 2, 3, 4; MPC—2.02
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9/10
Intent & Strict Liability Offenses
CB 175-93, U.S. v. Cordoba-Hincapie, N&Q—1; Staples v. U.S.—N&Q—none; Garnett v. State,
N&Q—1-2); Also CB 158, Note #6
9/12
Mistake and Mens Rea
CB 194-209, People v. Navarro, N&Q—1, 2, 3, 6, 7; People v. Marrero, N&Q—1-3; MPC—2.04
Week 5
9/15 Causation: Actual and Proximate Cause
CB 214-20, 229-32, Velazquez v. State, Oxendine v. State, N&Q—2-3; Velazquez II, N&Q—12); MPC—2.03
9/17
Concurrence
CB 232-34, State v. Rose, N&Q—1
DEFENSES: JUSTIFICATIONS AND EXCUSES
9/19
General Defenses and Burden of Proof
CB 480-95, Patterson v. New York, N&Q—1; CB 718-722, State v. Kargar, N&Q—all; MPC—
3.01
Week 6
9/22 No Class; Defense of Person / Self Defense I
CB 500-18, U.S. v. Peterson, N&Q—1, 2, 3, 4, 5, 6; People v. Goetz, N&Q—2, 6; MPC—3.04
9/24
Defense of Others / Defense of Property
CB 549-60, People v. Kurr, N&Q—all; People v. Ceballos, N&Q—1-4; MPC—3.05, 3.06
9/26
Necessity & Duress
CB 560-66, Nelson v. State, N&Q—1, 2, 3; CB 583-587, U.S. v. Contento-Pachon, N&Q—1-7;
MPC—3.01, 3.02, 2.09
Week 7
9/29 Insanity / Intoxication
CB 611-626, U.S. v. Freeman, N&Q—all; State v. Johnson, N&Q—1-4; MPC—4.01, 2.08
CRIMINAL HOMICIDE / RAPE
10/1
Common Law & First Degree Murder
235-38, 247-58, People v. Eulo, N&Q—all / State v. Guthrie, N&Q—1-5; MPC—210.0, 210.1,
210.2
10/3
2nd Degree Murder 1 (Intent to harm); 2nd Degree Murder 2: (Depraved heart)
CB 258-64, Midgett v. State, N&Q—1 / State v. Forrest, N&Q—all; 292-94, Murder versus
Manslaughter; MPC 210.2(1)(b)
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Week 8
10/6 Voluntary Manslaughter: Heat of Passion
CB 264-273, Girouard v. State, N&Q—1, 2, 3, 4, 5); CB 285-92, N&Q—1, 2, 4; MPC
210.3(1)(b)
10/8
Involuntary Manslaughter / Misdemeanor Manslaughter
CB 295, 304-15, 343-44, State v. Hernandez, N&Q—all; State v. Williams, N&Q—1, 2, 3, 4, 7,
8, 10); MPC—210.4
10/10 No Class
Week 9
10/13 Felony Murder
CB 315-318, 338-342 (People v. Fuller, N&Q—none; State v. Sophophone, N&Q—none)
10/15 Midterm Review
10/17 Midterm Exam (Through defenses 9/29)
Week 10
10/20 Rape I
CB 385-392 & 396-404 (Skim), 404-410, State v. Alston, N&Q—1, 2, 3, 4, 7; CB 411-420, Rusk
v. State, N&Q—6, 7; CB 421-34, Commonwealth v. Berkowitz, N&Q—all; MPC—213.0, 213.1
INCHOATE OFFENSES
10/22 Attempt I: Concepts
CB 729-44 (but OMIT Ashworth 733-36); People v. Gentry, N&Q—1, 2, 3 / Bruce v. State—
N&Q—none; MPC—5.01
10/24 Attempt II: Special Defenses
CB 772-789, People v. Thousand, N&Q—1, 2, 3; Commonwealth v. McCloskey, N&Q—all;
MPC—5.01(4)
Week 11
10/27 Solicitation
792-797, State v. Mann, N&Q—all / State v. Cotton, N&Q—all; MPC—5.02
10/29 Conspiracy
CB 797-804, 809-13, People v. Carter, N&Q—all; Pinkerton v. U.S., N&Q—1, 3, 4; People v.
Lauria, N&Q—1, 2, 3; MPC—5.03
10/31 Accomplice Liability
CB 848-54 (State v. Ward, N&Q—all; State v. Hoselton—N&Q—2, 3 (work problems)
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Week 12
THEFT
11/3
Larceny I
CB 916-29, Lee / Rex N&Q—1 / U.S. v. Manfas N&Q—1, 2; Topolweski v. State / Rex v. Pear,
N&Q—1; Brooks v. State, N&Q—none
11/5
Larceny II
CB 929-41, Lund v. Commonwealth, N&Q—2, 3, 4; People v. Brown, N&Q—1; People v.
Davis, N&Q—all;
11/7
Embezzlement / False Pretenses
CB 941-949, Rex v. Bazeley, N&Q—1, 2; People v. Ingram, N&Q—1,2; People v. Whight,
N&Q—1
Week 13
11/10 HOLIDAY—NO Class, Burglary / Trespass / Arson
Reading will be emailed
11/12 Assault/Battery/Robbery
Reading will be emailed
11/14 Kidnapping / False Imprisonment
Reading will be emailed
Week 14
11/17 Essay Quiz
11/19 Review/Practice
11/21 Review/Practice
Week 15
11/24 FINAL - 1 hour, 4-5pm
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