CRIMINAL LAW SPRING 2013 CONTACT INFORMATION: Professor: Donna Young Office: Rm. 420 (fourth floor) Telephone/E‐Mail: 445‐2354 / dyoun@albanylaw.edu Classes: Tuesdays & Thursdays, 12:00‐1:15, Room 200 Legal Assistant: Sherri Meyer (Ph: 445‐3335, Rm. 301) Teaching Fellows: David Schreiber and Cheyenne James Office Visits: I do not have scheduled office hours. However, I encourage students to meet with me outside class hours to discuss relevant issues raised in and outside the classroom. I welcome drop‐in visits and I am happy to schedule appointments ‐ see me before or after class, or e‐mail me. ASSESSMENT: The final closed‐book exam will be worth 100% of your final grade. You will be given two mandatory practice exams in addition to short exercises in class and via the class TWEN site. The first practice examination will cover “causation” and “elements of a crime” and will be scheduled for the 50 minute period following the completion of the materials on causation. This exam is mandatory, but will not be formally graded. A model answer and comments will be provided and individual meetings with your TA’s and/or with me will be arranged in order to discuss your progress. The second practice exam will be administered via TWEN (subject‐matter TBD). You will be given a model answer and grading guide and asked to grade your own exams (These grades will not count toward your final grade). Feedback will be given. Periodically, you will be given short exercises to complete and submit via TWEN. CASEBOOK: Cynthia Lee and Angela Harris, Criminal Law: Cases and Materials, 2nd Ed. (West Academic Publishing, 2009) 1
OVERVIEW AND OBJECTIVES: This course provides a survey of the common law and statutory foundations of criminal law and the policy choices that underlie the boundaries of criminal liability. It is designed to familiarize you with the fundamental constructs of substantive criminal law. These constructs require an understanding of the general structure of criminal law including the basic elements necessary for defining criminal behavior (mens rea, actus reus, causation); the examination of core principles used to define homicide, sexual and inchoate crimes; and the elements of various full and partial defenses (self‐defense, defense of others, defense of habitation, intoxication, insanity, necessity and duress). In addition, the course will contribute to the acquisition of essential legal skills (legal synthesis, analysis, strategies and reasoning, statutory interpretation, advocacy, communication, professionalism and critical thinking) and values (professional responsibility) inherent in the study and practice of criminal law. PARTICIPATION AND PROFESSIONAL CONDUCT Participation/Attendance: You are expected to attend class regularly (please refer to the attendance policy in the Albany Law School Student Handbook), arrive on time at the beginning of each class and stay until class is over. You are expected to read the assignments prior to each class and be prepared to provide full, insightful answers to questions that you may be asked. Each student will be called on randomly to lead discussion of assigned materials. Class discussions are important. If you are unable to attend a class please try to notify me in advance. Use of Electronics In Class: Please refrain from instant messaging, e‐mailing, surfing the Internet, playing games, writing papers, doing homework, etc. during class time. Do not display material on screen which may be distracting or offensive to your neighbor. Audio or video recording of the class is prohibited without my prior permission. Please turn off cell phones when you are in the classroom. E‐Mail Policy: E‐mail will be the primary mode of communication outside the classroom. Please check it regularly. I encourage students to E‐mail me outside class hours with any questions or comments about the class. Though E‐mail correspondence is generally considered informal, please keep in mind that E‐
mail communication within the law school should conform to the standards of professional communication expected in legal practice ‐ e.g. write in complete sentences, address the recipient by name and title (if necessary), sign your name at the end of the message, acknowledge receipt of E‐mail messages addressed personally to you. I will answer each E‐mail as promptly as I can. E‐mail messages sent by me to the class should be opened and read as promptly as possible. Before your scheduled exam at the end of the semester I will conduct an “e‐review” (students are encouraged to E‐mail me questions which I will answer and forward to the entire class). 2
ASSIGNMENTS
The following list of assignments is intended as a guide. There is flexibility in the schedule and
therefore I expect that the amount of material covered in each class will vary depending on the
subject matter, complexity of materials, depth of classroom discussion and other factors approximately 2-4 cases will be discussed per class. Please pace yourself and try to stay at least two
to four cases ahead of class discussion.
1.
Chapter One:
What Constitutes a Crime; Theories of Punishment
(Introduction, The Aims of Criminal Law, Sources of Criminal Law,
Justifications for Punishment, Regina v. Dudley and Stephens, People v. Suitte;
Blecker, Heaven or Hell?; De Ford, The Dilemma of Expressive Punishment;
Note)
pp. 1-36.
The Presumption of Innocence and Proof BARD
pp. 36-38.
2.
Chapter Three:
The Actus Reus Requirement: The Proscription against Thought Crimes; Acting
on One’s Own versus Acting under State Compulsion
pp. 140 – 146.
Chapter Three:
The Actus Reus Requirement: The Unconsciousness Defense
pp. 146-154.
Appendix - Model Penal Code § 2.01
p. 988.
3.
Chapter Three:
The Actus Reus Requirement : Liability for Omissions
(Note on Liability for Omissions, People v. Beardsley, Commonwealth v.
Howard, Commonwealth v. Pestinikas, Charles Ashby, The Right to Be Apathetic:
Iverson Case Raises Questions About Good Samaritan Laws, Isabelle R.
Gunning, Two Forms of Justice: Iverson Case – Nevada and California
Authorities Ought to Reexamine David Cash’s Actions, Sample Good Samaritan
statutes)
(pp. 155-170).
4.
Chapter Three:
The Actus Reus Requirement : Liability for Omissions (continued)
3
5.
(Acting Versus Having a Status Robinson v. California, Powell v. Texas, and
Jones v. City of Los Angeles)
pp. 170-188.
Chapter Four:
The Mens Rea Requirement: Introduction to General Mens Rea Concepts
(Introduction, Regina v. Cunningham, Problems of Statutory Interpretation,
United States v. Yerman; Holloway v. United States)
pp. 189- 202.
Appendix - Model Penal Code § 2.02(1) – (7)
pp. 988-990.
Appendix - Model Penal Code § 1.13
pp. 987-988.
6.
Chapter Four:
The Mens Rea Requirement: Intent
(Note; State v. Fugate)
pp. 202-204.
The Mens Rea Requirement: Knowledge
(United States v. Jewell)
pp. 204-208.
Special Problems in Intent: Transferring Intent
(Regina v. Pembleton; People v. Scott; Note)
pp. 208-215.
7.
Chapter Four:
The Specific Intent General Intent Distinction
(People v. Atkins)
pp. 215-219.
`
Strict Liability Crimes
(Morisette v. United States)
pp. 219-224.
Chapter Six:
Causation
(Introduction to Causation; Actual or “But For” Causation; Note on Proximate
Causation, Commonwealth v. Rementer; State v. Govan)
pp. 280-290.
8.
Chapter Six:
4
9.
Causation and Concurrence
(Henderson v. Kibbe; Thabo Meli v. Reginam; State v. Rose) pp. 291-299.
In Class Practice Exam – Causation
10.
Chapter Seven:
Criminal Homicide: Introduction to Homicide and Degrees of Murder
(Introduction, Definitional Issues, Categorizing Homicides, Note on Degrees of
Murder, State v. Brown, State v. Bingham, Gilbert v. State)
pp. 300-321.
11.
Chapter Seven:
Criminal Homicide: The Doctrine of Provocation (Voluntary Manslaughter)
(Introduction to the Doctrine of Provocation, Note on the Early Common Law’s
Categorical Approach to Provocation, People v. Ambro, Note on the “Mere
Words Rule,” Note on the Modern “Reasonable Person” Test, People v. Berry,
Donna K. Coker, Heat of Passion and Wife Killing: Men Who Batter/Men Who
Kill, Laurie J. Taylor, Provoked Reason in Men and Women: Heat of Passion
Manslaughter and Imperfect Self Defense, Note)
pp. 321-338.
(Note on “the Reasonable Person;” Robert B. Mison, Homophobia in
Manslaughter: The Homosexual Advance as Insufficient Provocation; Joshua
Dressler, When “Heterosexual” Men Kill “Homosexual” Men: Reflections on
Provocation Law, Sexual Advances, and the “Reasonable Man” Standard;
Commonwealth v. Carr)
338-345
12.
Chapter Seven:
Note on the Model Penal Code’s Extreme Emotional Disturbance Test; State v.
Dumlao; Note on Victoria Nourse’s study; Maryland Criminal Law Code 2-207)
pp. 346-352.
Criminal Homicide: Unintentional Killings - Depraved Heart Murder
(Introduction to Depraved Heart Murder; Commonwealth v. Malone; People v.
Knoller; Note)
pp. 352-363.
13.
Chapter Seven:
Criminal Homicide: Unintentional Killings - Involuntary Manslaughter
(Introduction to Involuntary Manslaughter; Commonwealth v. Welansky; Note;
State v. Williams; Note; Indian Child Welfare Act of 1978)
pp. 364-373.
5
14.
Chapter Seven:
Criminal Homicide: The Felony Murder Rule –The Inherently Dangerous Felony
Limitation
(Introduction to the Felony Murder Rule; People v. Stam; Note; People v. James;
Hines v. State)
pp. 373-386.
Criminal Homicide: The Felony Murder Rule – The Res Gestae Requirement
(Note on the Res Gestae Requirement; People v. Bodely; King v. Commonwealth)
pp. 386-391.
15.
Chapter Seven:
Criminal Homicide: The Felony Murder Rule – The Merger Doctrine and Third
Party Killings (People v. Smith; State v. Canola; Note)
pp. 392-403.
Practice Exam on TWEN
16.
Chapter Eight:
Sexual Offenses: Introduction to Forcible Rape and the Force Requirement
(Introduction, Note on Forcible Rape, Note on the Element of Force or Threat of
Force; Rusk v. State; Note; Commonwealth v. Berkowitz; Note)
pp. 407-419; 424-434.
17.
Chapter Eight:
Sexual Offenses: What Counts (or what should count) as Consent?
(Note on Consent; In re John Z.; The Antioch College Sexual Offense Prevention
Policy)
pp. 441-452.
Sexual Offenses: Statutory Rape
(Garnett v. State; State v. Yanez; Statutory Rape Laws: Does It Make Sense to
Enforce Them in an Increasingly Permissive Society?; Michelle Oberman
excerpt; Richard Delgado excerpt)
pp. 478-496.
18.
Chapter Ten:
Criminal Law Defenses: Self-Defense
(Introduction; Note on Justification Defenses and the Defense of Self-Defense;
Note; People v. Goetz; Note; State v. Simon; Note - Cynthia Lee; State v. Stewart;
Note on Battered Women’s Syndrome)
pp. 588-614.
6
19.
Chapter Ten:
Imperfect Self-Defense, Defense of Others, Defense of Habitation
(Note on Imperfect Self Defense; Note on Defense of Others; People v. Young,
Note on the Defense of Habitation; People v. Brown)
pp. 629 – 639.
Defense of Property; Killer of Thief Wins Wide Support; People v. Quesada)
pp. 639 – 647.
20.
Chapter Ten:
Necessity
(Note on the Necessity Defense; United States v. Schoon; Commonwealth v.
Hutchins)
pp. 647-660.
Duress (Introduction to Excuse Defenses; Note on the Duress Defense; United
States v. Contento-Pachon; State v. Hunter)
pp. 665-676.
21.
Chapter Ten: **ONLY IF TIME PERMITS**
Intoxication (Note; People v. Register) pp. 676-684.
The Insanity Defense (Note on the Insanity Defense; United States v.
Freeman) pp. 697-710.
The Insanity Defense and the Diminished Capacity Defense
(State v. Crenshaw; Note on the Diminished Capacity Defense)
pp. 710-719; 735-736.
22.
Chapter Eleven:
Attempts: The Actus Reus Requirement
(People v. Rizzo; People v. Staples; State v. LaTraverse)
pp. 792-804.
23.
Chapter Eleven:
Attempts: The Mens Rea Requirement
(People v. Harris; State v. Hinkhouse)
pp. 804-811.
Attempts: The Defense of Impossibility
(United States v. Thomas; and review State v. LaTraverse pp.798-804)
pp. 811-818.
7