CRIMINAL LAW–FALL 2013
Course #530, Sec. 1, MWF 4-4:50 PM, 202 Law
Professor Lupe S. Salinas, Office: Room 236J Law
713-313-7353 off.; 832-276-6056 cell.; e-mail=lsalinas@tmslaw.tsu.edu
Office Hours, 10:00am-12:00 pm MW and 10 am-2 pm Tues and by appointment [832-2766056 cell]
Required Textbook: Joshua Dressler, 5th ed., Cases and Materials on Criminal Law, ISBN
978-0-314-20645-9.
Professor Salinas is a Retired Criminal Court Judge who began his 16 years as a
Harris County Trial Judge in 1983. In 1997 he began service as a Visiting Judge in
Galveston, Nueces and South Texas [The Rio Grande Valley]. Judge Salinas heard felony
cases ranging from Driving While Intoxicated and Theft [Third Degree Felonies], the
lowest grade felonies, to Murder [First Degree Felony] and Capital Murder [Death Penalty
or Life Without Parole], the highest felony grade possible.
During his 40 plus years of legal experience, Judge Salinas has also served as a
Harris County Assistant DA and as an Assistant US Attorney in Houston, as Chief of the
Federal Trials Division for the Harris County Attorney, as Special Assistant to the US
Attorney General in Washington, DC and as a Staff Attorney and educational civil rights
litigator with the Mexican American Legal Defense & Educational Fund [MALDEF].
He previously taught at the University of Houston Law Center as an Adjunct and a
Visiting Professor of Law [Criminal Law, Evidence, Civil Rights, and a Seminar on
Chicanos/Latinos and the Law].
Teaching Assistant: Brian Rodriguez, brian.rodriguez.law@gmail.com; 915-240-2696 cell
Tutoring Sessions: @@@ Thur, Room 202, 10-10:50 am [Effective Thurs, Aug. 22, 2013]
RECITATIONS:
BE PREPARED TO DISCUSS CASE QUESTIONS WHILE
STANDING OR WHILE PRESENTING FROM THE PODIUM.
STUDENTS ARE ASKED NOT TO INTERRUPT YOUR RECITING CLASSMATE
UNLESS THE PROFESSOR CALLS ON YOU TO PARTICIPATE.
Recommended Hornbook for reference purposes: Dressler, Understanding Criminal Law
[On general reserve in Law Library] (Any edition will be helpful since Criminal Law
principles do not change radically as in other areas of law).
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Attendance policy: It is your responsibility to be punctual. Arriving after roll call and
once the lecture begins constitutes an absence.
The Professor’s Grade will be based on a mid-term exam (35%), final exam (60%) and
participation (5%). This includes a combination of the following: Class recitation,
assigned research, attendance at criminal court cases [authenticated by court clerk seal or
a court official’s signature], school-sponsored lectures presented by attorneys. Moot court
participants receive two points maximum for this category. Those who participate as
timekeepers in a moot court or as witnesses during a mock trial will receive one point
maximum, even if the student eagerly volunteers for multiple sessions.
Each unprepared constitutes a deduction from the maximum 5 points you can earn.
We first conduct a midterm in October and then the Professor’s Final Exam will occur on
one of the last class days in November. The in-class final will be an objective type exam
with primarily multiple choice responses. Your total points will determine your class rank.
This professor’s final exam will be similar in style to the Comprehensive examination you
take at the same time as the other first year students from Sections 2, 3 & 4. I give you
only a number ranking; I do not give you a grade. That is determined by statisticians
based upon how many of the 60 questions you answer correctly and your rank in your
class.
The Criminal Law Comprehensive exam, a two-hour exam, is administered during the
regular finals period scheduled in December 2013.
During the 14-week semester, we will discuss cases and materials which will be included on
your semester exams and on your comprehensive final. Our goal is to master aspects of the
common law [CL] derived from the English legal system and incorporated into our
American judicial system, the Model Penal Code [MPC], and criminal law principles that
fall into a hybrid category known as the American common law [the “prevailing view of the
law” or the majority rule].
Copies of previous exams, primarily consisting of T & F, multiple choice and possibly short
answers to narrowly-focused questions, will be available on my Lexis Web course page
during the semester for your review.
The topics or areas to be covered and their brief explanation include:
1.
2.
3.
a.
Mens Rea, Actus Reus, Omission (Duty to Act)--Causation
Culpability and Related Doctrines--MPC language for the mens rea--purpose,
knowledge, recklessness, negligence, and an exceptional strict liability; CL lingo
would include “with malice aforethought,” intentionally, with specific intent,
willfully, criminal negligence, gross negligence, etc.
True Defenses
Affirmative: rebuttal of the allegations, such as raising new facts by D or DA,
b.
c.
4.
5.
6.
7.
8.
9.
that, if true, will defeat the DA’s claim; e.g., mistake of fact, mistake of law,
intoxication (efforts to establish that some essential part of the prosecution is
missing, such as the actus reus, the mens rea, or the causation elements).
Justifications (Collateral): does not involve a rebuttal; it is collateral to the
elements the DA must prove; e.g., consent, self-defense, defense of others, defense of
habitation, defense of property, necessity (aka “choice of evils”), reasonable force to
effect an arrest, and the use of force by public authority.
Excuses (Collateral): does not involve a rebuttal; it is collateral to the
elements the DA must prove; e.g., duress, entrapment, infancy, insanity and
involuntary intoxication.
Inchoate Crimes--Attempt, Conspiracy, Solicitation, Possession and others
Parties to Crime [Modern Lingo]—Known as Accessories at CL and Parties under
MPC; Vicarious Liability; Enterprise Liability
Larceny vs Theft--CL vs MPC terminology; larceny by trick, false pretense,
embezzlement, etc. All the old terms are generally incorporated into modern theft
statutes. If the modern statute uses a CL term, then it is defined and applied as it
was in a CL jurisdiction.
Burglary and Other Property Crimes---CL vs MPC; arson.
Assaults and Other Crimes Against the Person--CL vs MPC
Homicide: With malice aforethought vs intentionally--CL vs MPC; the elements of
murder, manslaughter, criminally negligent homicide, the felony-murder doctrine;
heat of passion vs extreme emotional distress.
Assignments
Week 1
M
8/19
Introduction to Criminal Law, Discussion of Syllabus and other Concepts
W
8/21 Queen v. Dudley and Stephens, 572-575, the cannibalism case; Notes &
comments, 575-79
F
8/23
Ch. 4, Actus Reus, The Voluntary Act, Omissions (Negative Acts), 127-147
Week 2
M
8/26 Ch. 5, Mens Rea, 149-167; Notes 3 & 4 [willful blindness, Jewell], 7
[definition of willful, willfully], 168-69
W
8/28 Ch. 5, Statutory Interpretation, Mens Rea, Flores-Figueroa, 170-75; n. 2,
MPC 2.02[4]; C. Strict Liability Offenses, 175-183; N. 1, Morissette, 183, Garnett, 186-93;
N. 1, MPC 2.05, 193
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F
8/30 Ch. 5, D. Mistake & Mens Rea, Mistake of Fact, 194-98; Mistake (or
Ignorance) of Law, 199-202 [end of maj. Op.]; N. 2, Reliance on official interpretation,
entrapment by estoppels, Twitchell, 206-07; Other rules re Mistake of Law; Cheek, 209-13
Week 3
M
9/2
Labor Day
W
9/4
Ch. 6, Causation, 214-231
F
9/6
Ch. 6, N. 4, Cases A, B, & C, 231-32; Concurrence of the Elements, 232-34;
Ch. 7, Criminal Homicide Overview, Model Statutes, 235-47; Notes, MPC 210, 247
Week 4
M
9/9
Ch. 7, Human Being, Eulo, 247-52; Notes, 252-53; B. Intentional Killings,
253-256 (end of case); note 5, 257; Midgett, Forrest, 258-263 (end of case)
W
9/11 Manslaughter – Heat of Passion, 264-270 (notes 1-5; Dressler, Heat of
Passion, 271-274; note 3, 375; [The Objective Standard – The “Reasonable Man” 275-76];
Holley, 276-282
F
9/13 MPC, Casassa, 285-89; note 4, 291; Unintentional Killings, 295; Knoller, 296302; notes, 302-304; Hernandez, 304-06 [end of maj op]
Week 5
M
9/16 Williams, 308-315; The Felony Murder Rule, 315-318; notes, 325-326; The
Inherently Dangerous Felony, Howard, 327-32
W
9/18 Notes 1-6, 332-33;The Merger/Independent Felony Limitation, Smith, 334337; Killing in perpetration of a Felony, Sophophone, 338-41; notes, 341-342; Prof’s
comment, misdemeanor—manslaughter rule (a dying concept), 344; Prof’s comment,
Capital Murder, Callins and Baze v. Rees, 360-61
F
9/20 Prof’s Comments, Ch. 8, Rape, Notes 1,3, p. 387; note 1, 390-91, Calif. PC,
397-99; Forcible Rape, Allston, 404-08; Rusk, 416-17; notes 6-8, 419-21; Withdrawn
Consent, John Z., 447-49 (facts) (general comments)
Week 6
M
9/23 Ch. 8, Rape, Mens Rea as to consent, Williams, 453-460; Note 3, CL Rape,
461; Note 6, 463; Note 1, Boro, 467, Statutory Rape [consent is irrelevant crime], note 2,
475-476, note 4, 476-477
W
9/25 Ch. 9, General Defenses, Justifications and Excuses, 480-86; Burden of Proof,
Patterson, 486-92 (end of majority opinion); notes 1 -2, 495-96; principles of Justification,
497-99
F
9/27
Self-Defense, Peterson, 500-505; Notes, 505-510; Goetz, 510 – 516
Week 7
M
9/30 Notes, 1-8, 516-523; notes 10–12, 524; The Reasonable Person, Wanrow, 525528; note 1, 528; Battered Women Syndrome, 531; the Entrapment defense [Prof’s lecture
since the entrapment defense does not appear in textbook, but it is covered on the
Comprehensive Exam].
W
10/2 Tex. Penal Code, Self Defense provisions [Lexis-Prof’s lecture]; Norman,
532-40; n. 1, 540; n. 2, 548; Defense of others, Kurr, 549-52; Tex. Penal Code, Defense of
Property, Habitation [Lexis-Prof’s lecture]
F
10/4 Ceballos, 553-57; note 3-4, 557-58; note 7, Garner, 559 [Legality]; Necessity
(Choice of Evils), Nelson 560-63; MPC 3.02, note 2, Limitations 563-564; note 4, 565; n. 6,
566
Week 8
M
10/7 Principles of Excuse, Kadish, 579-580; Dressler, 580-582; Duress, ContentoPachon, 583-586; Notes, 586-91; Necessity v. Duress, Unger, 591-95;
W
10/9 Defense to Murder, Anderson, 597-600 (end of Maj. Opinion); Intoxication,
Voluntary, Veach, 603-05; [Fast forward to Addiction Defense, Robinson, 697-99 (end of
Maj. Op.) & Powell, 702-08 (end of Maj. op).]
F
10/11 Mid Term Exam [Through syllabus material dated 10/2/2013, Self Defense,
Defense of others, and defense of property]
Week 9
M
10/14 Notes, 605-11; Insanity, 611-16, Freeman, 616-17; n. 6, 618. Johnson, 618-22;
Insanity, MPC 401, 622-23
W
10/16 Notes 1-2, 623-25; M’Naghten & the MPC, Knowing vs. Appreciating
Wrongfulness, Wilson, 631-38 (end of maj op.); n. 3, deific decrees, 640-642; n.2-3;
Comment Re Experts, Dr. Parke Dietz & Andrea Yates, 647-48
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F
10/18 Diminished capacity, Morse, 656-58; n. 1-2, 658-60; Clark, 662-68 (end of
page); Prof’s. Comments, Infancy Defense, 673; Prof’s comment, Euthanasia as a necessity
Defense – No, Latimer, 684 (b)–85; Kevorkian, n.6, 686-87
Week 10
M
10/21 Ch. 10, Inchoate Offenses, 729-730; n.2, McQuirter 731-732; attempt, 732; N.
1, 732-733; Grading, 736-737, Mens Rea, Gentry, 738-740, Notes, 1-7, 740-742; Bruce 742743; N.1., 743;
W
10/23 Actus Reus, Mandujano, 745-747, The preparation – perpetration Line, 748749; Peaslee, 750-751; Rizzo 753-754; n.1, Hypo cases, 754; n.3, Buffington, 757-758;
Reeves, 758-762;
F
10/25 Duran, 764-765; Statutory inchoate crimes, Stalking, n.2, luring, n.3. 770771; Impossibility, Thousand, 772-79; n.2 Oviedo, 779; n.4, Jaffe, 779-80; n.6, MPC 5.01(1),
781 [MPC sweeps aside defense of impossibility]; n.12, Inherent Impossibility, 785
Week 11
M
10/28 Abandonment of criminal purpose, McCloskey, 786-87 (end of Maj. Op.);
n.4-5, 789; Assault, 789-792; Solicitation, Mann, Cotton, 792-795; n.5, 796; n.6, Decker,
797; Conspiracy, Carter, 797-798, n.3-6, 800-801
W
10/30 Pinkerton, 801-802; n.1. 802; n.4, 803; n.5, Recio, last paragraph, 805; Swain,
806-09, Lauria, 809-813; notes, 813-16; notes, 817
F
11/1 Azim, 817-819; Cook, 819-823; Unilateral or Bilateral Conspiracy, Foster,
824-827; n.1, Miller, 827; n.2, Byrd, 828-829; Kilgore, 830-834
Week 12
M
11/4 Notes, 1, 3, 4, 5, at 834-35; Braverman, 836-837; Iannelli, 838-842; Gebardi,
843-845; Sconce, 845-847
W
11/6 Ch. 11, Liability for Conduct of Another; Accomplice Liability, Ward, 848849; Derivative Liability, 850 – 851, Hoselton, 851-853; Purpose or knowledge, Hussayen
News Story, 855 top and 857, n.3., n.2, Columbine, 857; Riley, 856-862, Linscott, 863-866;
n.2, 867
F
11/8 V.T., 868-870; notes, 1-4, 871; n.3, Accused, Jodie Foster Movie, Vieira, 519
NE2d 1320, 873-874; Helmenstein, 874-876; Genoa, 878-879, N. 1, MPC, 2.06 and 5.01(3),
879; Bailey, 880-83; n.2, Innocent Agent, 883; n.5, She Cried Rape! [Falsely], 884;
Week 13
M
11/11 Principal Acquitted, Lopez, 884-886, n.3, Taylor, 886-887, Convicted,
McCoy, 887-889; Megan R., 890-891; Formella, 891-894;
W
11/13 Vicarious Liability, Koczwara, 894-901; Corporate Liability, 900, Christy,
901-04; Bucy, 904-06; Corp. “Imprisonment,” 906-08; n.3, Enron, 914-15;
F
11/15 Ch. 12, Theft, 916; Larceny, 917, Lee, Chisser, 917-18, Notes, 918; Mafnas,
918-20; Notes, 920-22; Topolewski, 922–925;
Week 14
M
11/18 Pear, 925-926 (Larceny by Trick); Brooks, 927-928; Notes, 929; Lund, 929932; n.3-4, 932, Specific intent element, Brown, 933-934, n.1-2, continuing trespass, claim of
right, 934-936; Davis, 936-940
W
11/20 Embezzlement, Bazeley, 941-44, notes, 1-3, 944-45; False Pretenses, Ingram,
945-946; Whight, 946-949, Federal Mail, Wire and Computer Fraud, 950-957.
F
11/22 Professor’s Final Exam
Week 15
M
11/25 Last Day of Classes—Review
Th
11/28 Thanksgiving
F
11/29 Thanksgiving Holiday
Final Examinations Monday December 2‐Dec. 13, 2013
Comprehensive Criminal Law Final Examination—Friday, Dec. 6, 2013, 9 AM, Rm 202
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