MASSACHUSETTS SCHOOL OF LAW at ANDOVER
SYLLABUS FOR CRIMINAL LAW -Day-Fall 2013
Professor Alfred Puller
Instructors: Professor Puller
Email:
puller@mslaw.edu
Phone:
978.681.0800 ext 128
Text:
Johnson and Cloud on Criminal Law, West Publishing
Class Times:
Mondays & Wednesday 4:00 p.m. -5:15 p.m.
Purpose &
Course
Description:
The purpose of this course is to have the students (apprentice lawyers)
master common Law, the body of law based on the English legal
system that came to America with colonists and early American case law.
This is primarily the English colonial and later early American case law
(Louisiana came with the Napoleonic Code and French influence
common law). We focus on mastering common Law crimes, their
elements and application as well as the action and state of mind required
to be deemed criminal behavior and the defenses to those crimes. We
study common law because it has a strong influence on American modern
statutory law. It is often necessary to look at the associated common law to
better interpret and apply modern statutes, particularly when “gap fillers”
are need to address areas of a statute that is not fully defined. Also, some
states, like Massachusetts codify the common law, making it part of their
statute law. So common law has an important role in our modern law, in both
the study and more importantly the practice of criminal law.
In class, we will study cases that demonstrate the application of
the law and elements of law in real life circumstance. We will also look at
cases that demonstrate the evolution of criminal law by studying Model
Penal Codes and modern trends in criminal law, including certain state
statutes and judicial holdings in those cases.
Students are expected to brief all cases before class and be prepared to
discuss the case in terms of elements and rules of law and how they
applied in the facts of the case. The will also be required to apply those
elements and applicable rules to hypothetical fact patterns
Grading
Criteria:
Your midterm examination, quizzes and final examination all contribute to
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your final grade in this class. Mid term and final grades are based on your
knowledge of the law and your ability to apply it to a set of given facts for
an analysis that supports the conclusion. All class members are required to
participate in class.
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August 19:
Introduction and Overview: What behavior is blameworthy and
appropriate for criminal sanction?
Criminal Law is the body of statutory and common law dealing with
conduct prohibited by the sovereign because it threatens or harms the
public safety and welfare. The national or state government establishes
both the manner of determining guilt or innocence for any such offenses
and the punishment. It is hoped that by imposing sanctions for these
crimes society then has an established order so that citizens will conduct
themselves appropriately.
Actus Reus: the actus reus is the act which, in combination with the
required mental state, such as intent or recklessness, constitutes a crime
i.e. the crime of robbery requires physically taking something (the actus
reus) coupled with the intent to permanently deprive the owner of the
object.
Mens Rea: the mental component of criminal liability. To be guilty of
most crime, a defendant must have committed the criminal act (the actus
reus) with the required mental state (the mens rea) i.e. the required mens
rea for robbery is the intent to permanently deprive the owner of his
property.
August 21:
Chapter 1. Basic Culpability Doctrines: Bearing of level of Capability on
gravity of criminal sanction.
Regina v. Faulkner 13 Cox Crim. Cases 550
United States v. Yermian
468 U.S. 63 (1984)
People v. Hood
1 Cal.3d 444 (1969)
Garnett v. State
332 Md. 571 (1993)
Bryan v. United
524 U.S. 184 (1998)
Lambert v. California
355 U.S. 225 (1957)
August 26:
United States v. Garrett
984 F.2d 1401.(1993)
Morissette v. United States 342 U.S. 246 (1952)
United States v. Weitzenhoff
1 F.3d 1523 (1993)
People v. Newton
8 Cal.App.3d 359 (1970)
People v. Decina
2 NY.2d 133 (1956)
August 28:
Commonwealth v. Pestinikas 421 Pa.Super. 371(1992)
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Commonwealth v. Cali, 247 Mass. 20, 141 N.E. 210 (1923)
United States v. Jewell
532 F.2d 697 (1976)
State v. Coates
107 Wash 2d. 882, (1987)
People v. Marrero
515 N.Y.S.2d 212
(1987)
September 2:
Labor Day – No Classes
September 4:
Chapter 2. Discretion and the Rule of Law: Is identical sanction for
identical crimes equal justice?
Papachristou v. City of Jacksonville 405 U.S. 156 (1972)
City of Milwaukee v. Nelson
149 Wis.2d. 434
(1989)
State v. Anonymous
34 Conn.Sup. 689
(1978)
Screws v. United States
325 U.S. 91
(1945)
Law, Morality, And Judicial Authority :Morality, Individual rights and the Law
Bowers v. Hardwick
478 U.S. 186
(1986)
Powell v. State
270 Ga. 327
(1998)
September 9:
Sentencing Discretion
People v. Pointer
United States v. Ely
State v. Oxborrow
People v. Stringham
Capital Punishment
Gregg v. Georgia
Arave v. Creech
151 Cal.App3d. 1128 (1984)
719 F.2d 902 (1983)
106 Wash.2d 525
(1986)
206 Cal.App.3d 184 (1988)
Death Penalty Cruel and unusual?
428 US 153
(1976)
507 US 463
(1993)
September 11:
Chapter 3. Criminal Homicide
Murder: The Meaning of Malice Aforethought Actor’s state of mind & culpability
Holmes v. Director of Public Prosecutions, A.C. 588, 31 Crim.App.R. 123(1946)
People v. Berry
18 Cal.3d 509,
People v. Chevalier
131 Ill.2d 66, 1989
State v. Elliott
177 Conn. 1 (1979)
September 16:
Degrees of Murder: Premeditation
People v. Caruso
State v. Bingham
State v. Ollens
Gilbert v. State
Liability for Unintentional Killings
Commonwealth v. Malone
Berry v. Superior Court
September 18:
People v. Register
People v. Whitfield
Commonwealth v. Welansk
State v. Williams
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Time element & premeditation
246 N.Y. 437 (1927)
105 Wash.2d 820
(1986)
107 Wash.2d 848
(1987)
487 So.2d 1185
(1986)
354 Pa 180
(1946)
208 Cal.App.3d 783 (1987)
60 N.Y. 2d 270,
7 Cal.4th 437
316 Mass. 383
4 Wash.App. 908
(1983)
(1994)
(1944)
(1971
The Felony Murder Rule
State v. Hoang
Dowden v. State
Imputed Liability for Murder
243 Kan. 40
(1988)
758 S.W. 2d 264
(1988)
September 23:
State v. Canola
People v. Aaron
People v. Patterson
People v. Smith
Todd v. State
73 N.J. 206
409 Mich. 672
49 Cal.3d 615
35 Cal.3d 798
594 So.2d 802
September 25:
The Act of Homicide: Causing the Death of a Human Being
Williams v. State
316 Md. 677
(1989)
th
People v. Davis
7 Cal.4 797
(1994)
Commonwealth v. Crawford
430 Mass 683
(2000)
Barber v. Superior Court
147 Cal.App.3d 1008 (1983)
People v. Bonilla
467 N.Y.S.2d 599
(1983)
September 30:
Suicide as Homicide
Stephenson v. State
Commonwealth v. Atencio
In Re Joseph G.
People v. Kevorkian
Unexpected Consequences
People v. Garner
People v. WarnerBLambert Co.
Henderson v. Kibbe
(1977)
(1980)
(1989)
(1984)
(1992)
Criminal Liability & Consent
205 Ind. 141
(1932)
345 Mass. 627
(1963)
34 Cal.3d 429
(1983)
205 Mich.App. 180 (1994)
781 P.2d 87
51 N.Y.2d 295
431 US 145
(1989)
(1980)
(1977)
October 2:
Chapter 4. The Role of Mental Illness Mens Rea & Mental Impairment
The Constitutional Background
Ford v. Wainwright 477 US 399 )1986)
State v. Herrera 895 P2d 359
The Insanity Defense
United States v. Freeman 357 F2d. 606
(1966)
People v. Serravo 823 P.2d 128
(1992)
Foucha v. Louisiana 504 U.S. 71 (1992)
State v. Jones 99 Wash.2d 735
(1983)
October 7:
Mental Illness and Culpability
Kansas v. Hendricks 521 U.S. 346 (1997)
People v. Wetmore 583 P.2d 1308 (1978)
People v. Saille 820 P.2d 588 (1991)
State v. Wilcox 70 Ohio St.2d 182 (1982)
State v. Brom 463 N.W.2d 758 (1990)
People v. Low 732 P.2d 622 (1987)
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October 9:
Chapter 5. Justification and Excuse
Duress and the General Principle of Justification
State v. Hunter 241 Kan 629
(1987)
State v. Irons
815 P.2d 1133
(1991)
United States v. ContentoBPachon 723 F2d 691 (1984)
People v. Carradine 52 Ill 2d. 231
(1972)
United States v. Riffe 28 F.3d 565 (1994)
United States v. Schoon 971 F.2d 193
(1991)
U.S. v. Oakld Cannab Buyers’ Coop., 532 U.S. 483 (2001)
Commonwealth v. Hutchins 410 Mass. 726 (1991)
October 14:
Columbus Day – No Classes
October 16:
Mid-Term Examination
October 21:
Self-Defense
State v. Simon
231 Kan. 572 (1982)
State v. Leidholm 334 N.W.2d 811 (1983)
State v. Stewart
243 Kan 639 (1988)
State v. Gartland 149 N.J. 456 (1997)
State v. Bowens 108 N.J. 622 (1987)
State v. Marr 362 Md. 467 (2001)
Hughes v. State 719 S.W.2d 560 (1986)
People v. Guenther 740 P.2d 971 (1987)
Commonwealth v. Biagini 540 Pa. 22 (1995)
October 23:
Defense of Property and Prevention of Crime
People v. Ceballos 115 Cal.Rptr. 233 (1974)
State v. Weddell 27 P.3d 450 (2001)
Consent
People v. Samuels
250 Cal.App.2d 501 (1991)
Entrapment
United States v. Russell
411 U.S. 423 (1973)
The Prosecutors Burden
October 28:
Chapter 6. Skip Chapter 7
Attempt, Conspiracy and Complicity
Preparatory Conduct
People v. Staples 6 Cal.App.3d 61 (1970)
State v. Latraverse 443 A.2d 890 (1982)
State v. Reeves 916 S.W.2d 909 (1996)
State v. Pacheco 125 Wash.2d 150 (1994)
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Attempt: Intent And Impossibility
People v. Harris 72 Ill.2d 16 (1978)
People v. Valdez
175 Cal.App.3d 103 (1985)
October 30:
United States v. Everett 700 F.2d 900 (1983)
State v. Smith 262 N.J.Super. 487 (1993)
Commonwealth v. Henley 504 Pa. 408 (1984)
The Elements Of Conspiracy
The Agreement
United States v. Feola 420 U.S. 671 (1975)
Gebardi v. United States 287 U.S. 112 (1932)
United States v. Alvarez 610 F.2d 1250 (1980)
November 4:
Procedural Attributes of Conspiracy Cases
Krulewitch v. United States 336 U.S. 440 (1949)
The Scope and the Object of the Conspiracy
United States v. Bruno 105 F.2d 921 (1939)
Kotteakos v. United States 328 U.S. 750 (1946)
Blumenthal v. United States 332 U.S. 539 (1947)
Group Liability: Complicity and Conspiracy
Aiding and Abetting
State v. Parker 282 Minn. 343 (1969)
State v. Rundle 176 Wis.2d 985 (1983)
November 6:
People v. Montoya 31 Cal.Rptr.2d 128 (1994)
Vaden v. State 768 P.2d 1102 (1989)
People v. Marshall 362 Mich. 170 (1961)
People v. Wheeler 772 P.2d 101 (1989)
Liability for the Acts of Co-conspirators
People v. Lauria 251 Cal.App.2d 471
(1967)
Merrell v. United States 463 U.S. 1230 (1983)
People v. Kessler 57 Ill.2d 493 (1994)
State Ex Rel. Woods v. Cohen 173 Ariz. 497 (1992)
November 11:
Son of Conspiracy: The Rico Statute
United States v. Turkette 452 U.S. 576 (1881)
US v. Licavoli 725 F.2d 1040 (1984)
Chapter 8. Theft and White Collar Crime
Larceny: Traditional Elements
Possession and Custody; Larceny and Embezzlement
Commonwealth v. Ryan 155 Mass. 523 (1892)
Trespassory Taking and Carrying Away
People v. Robinson 471 N.Y.S.2d 258 (1983)
People v. Jennings 512 N.Y.S.2d 652 (1986)
Intent to Deprive: Concurrence of Act and Mens Rea
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State v. Brown 2001 W.L. 385382 (2001)
State v. Bautista 948 P.2d 1048 (1997)
November 13:
United States v. Rogers 289 F.2d 433 (1961)
Embezzlement Revisited
People v. Talbot 220 Cal. 3, (1934)
Tangible Personal Property
People v. Kunkin 107 Cal.Rptr. 184 (1973)
United States v. Riggs 739 F.Supp. 414 (1990)
Property of Another
Commonwealth v. Mitchneck, 130 Pa.Super. 433 (1938)
State v. Polzin 197 Wash. 612 (1939)
People v. Riggins 8 Ill.2d 78, (1956)
People v. Clayton 728 P.2d 723,
(1986)
November 18:
Robbery and Extortion
State v. Sein 124 N.J. 209, (19991)
People v. Tufunga 90 Cal.Rptr.2d 143 (1996)
People v. Reid 515 N.Y.S.2d 750, (1987)
Woodward v. State 855 P.2d 423 (1993)
State v. Burns 161 Wash. 362 (1931)
United States v. Sturm 870 F.2d 769 (1989)
United States v. Covino 837 F.2d 65, (1988)
Evans v. United States 504 U.S. 255, (1992
False Pretenses and Fraud
Graham v. United States 187 F.2d 87, (1950)
Cleveland v. United States 531 U.S. 12, (2000)
Rape, Sexual Battery and Kidnapping
People v. John Z. 29 Cal. 4th 756 (2003)
Commonwealth v. Sherry, 386 Mass. 682 (1982)
Boro v. Superior Court 163 Cal. App. 3d 1224 (1985)
Amsler v. U.S. 381 F.2d 37 (1967)
November 20:
November 25:
Make up and Review
November 27:
Final Exam Discussion
November 28:
Thanksgiving Day (No Classes)
December 2
Criminal Law Game
CriminalLaw.SyllabusDayFall2013
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