LAW 3840
CRIMINAL LAW AND PROCEDURE
Dr. Thomas Edmonds
Spring Semester, 2012
Syllabus
Class Call #
Time
Days
13880
12:30 am – 1:45 pm TR
Room
1255 SCH
Office: 3234 SCH
Office Hours:
Mondays, 10:00 am – 12:00 pm and 2:00 – 5 pm
Wednesdays, 11:00 am – 2 pm
All students are encouraged to communicate with the Instructor in person during office
hours. Students who are not satisfied with their course performance (and in particular,
the first graded exercise) are encouraged to make use of the Instructor’s office hours
immediately.
Office Telephone: 269 387-5728
E-mail: Thomas.Edmonds@wmich.edu
Homepage: http://homepages.wmich.edu/~edmonds
NOTE: Students are responsible for checking the Instructor’s homepage before each
class session.
This Class will meet as reflected in the schedule of assignments below. To be successful,
a seminar format course such as this is dependent upon the attendance and participation
of the enrolled students. Students who fail to attend at least 80% of the class sessions may
anticipate a reduction in final grade.
Students must complete the readings and other assignments before the class period for
which they are assigned. Examinations will be based upon the material assigned, as well
as matters raised or amplified in lecture and class discussion.
Class participation furthers the learning process, and the Instructor reserves the right to
enhance a student’s grade up to one half a letter grade (e.g. “B” to “BA”) for exemplary
participation.
Academic Honesty
You are responsible for making yourself aware of and understanding the policies in the
Undergraduate Catalog that pertain to Academic Integrity. These policies include
cheating, fabrication, falsification and forgery, multiple submission, plagiarism,
complicity and computer misuse. If there is any reason to believe you have been involved
in academic dishonesty, you will be referred to the Office of Student Conduct. You will
be given the opportunity to review the charge(s). If you believe you are not responsible,
you will be given the opportunity for a hearing. You should consult with me if you are
uncertain about an issue of academic honesty prior to the submission of an assignment or
test.
The total points attained on quizzes, examinations and assignments will determine a
student’s final course grade. . Extra credit is not available. Do not ask me to change any
grade including your final grade unless you hold a fact based belief that there has been an
error in the computation or posting of your grade.
Course grades will be determined on a competitive curve having an average value of
between 2.5 and 2.75, depending upon the overall class performance.
Point values for tests and assignments are as follows:
Court Attendance*:
Mid-term Exam:
Group Exercise:
Final Exam:
Total:
100 points
450 points
450 points
450 points
1450 points
*Students are expected to attend and observe proceedings in either the 8th District Court
or the 9th Circuit Court and prepare a report on what they observed.
Attendance at a scheduled quiz or test is mandatory. Non-attendance will result in a
failing grade unless the Instructor has been contacted prior to the scheduled date and time
for the quiz or exam, an excuse has been presented to and accepted by the Instructor, and
the Instructor has agreed to alternative arrangements for the taking of the quiz or exam.
Final Examination Schedule:
Thursday, April 26, 2:45 – 3:45 pm*
* Note: Final Exam is one hour in duration.
Schedule of Assignments
The instructor reserves the right to adjust this schedule as necessary to accommodate
class discussion and weather emergencies.
Class Period
Date
Assignment
1
Jan 10
Course Introduction, Fundamentals of Criminal
Law
2
Jan 12
Fundamentals of Legal Research and Case Study
3
Jan 17
Constitutional Limitations on Criminal Law
Brandenburg v Ohio, 395 US 444, 89 S. Ct. 1827
(1969); United States v O’Brien, 391 US 367, 88 S.
Ct. 1673 (1968); Cohen v California, 403 US 15,
91 S. Ct. 1780 (1971)
4
Jan 19
Law of Arrest United States v Watson, 423 U.S.
411, 96 S.Ct. 820 (1976), United States v
Mendenhall, 446 US 544, 100 S. Ct. 1870 (1980);
Dunaway v New York, 442 US 200, 99 S. Ct. 2248
(1979); Payton v New York, 445 US 573, 100 S. Ct.
1371 (1980) Steagald v United States, 451 US 204,
101 S. Ct. 1642 (1981); Terry v Ohio, 392 US 1, 88
S. Ct. 1868 (1968)
5
Jan 24
Law of Arrest continued
6
Jan 26
Law of Arrest continued
7
Jan 31
Admissions, Confessions and Identification
Procedures Dunaway v New York, supra;
Miranda v Arizona, 384 US 436, 86 S. Ct
1602 (1966); Brewer v Williams, 430 U.S. 387, 97
S.Ct. 1232 (1977); Nix v Williams, 467 US 431,
104 S. Ct. 2501 (1984) Edwards v Arizona,
451 US 477, 101 S. Ct 1880 (1981);
8
Feb 2
Admissions, etc. continued
9
Feb 7
Admissions, etc. continued
10
Feb 9
The Exclusionary Rule Mapp v Ohio, 367
US 643, 81 S. Ct. 1684 (1961); United States v
Leon, 468 US 897, 104 S. Ct. 3405 1984);
Massachusetts v Sheppard, 468 US 981, 104 S. Ct.
3424 (1984)
11
Feb 14
Search and Seizure Under Law; The Constitutional
Foundations of the Doctrine; Probable Cause, The
Search Warrant
Amendment IV, The United States Constitution;
Art. 1, Sec. 11 Michigan Constitution; Katz v
United States, 389 US 347, 88 S. Ct. 507 (1967),
Maryland v Pringle, 540 U.S. 366, 124 S.Ct. 795
(2003)
12
Feb 16
Searches Under Warrant and Search Warrant
Execution Draper v United States, 358 US 307,
79 S. Ct. 329 (1959); Illinois v Gates, 462 US 213,
103 S. Ct. 2317 (1983) MCLA 780.653
MCLA 780.651
13
Feb 21
REVIEW AND MID-TERM EXAM
14
Feb 23
The Recognized Exceptions to the Search Warrant
Requirement.
15
Feb 28
Exceptions continued
16
Mar 1
The Criminalization of Conduct; Limitations.
17
Mar 13
Elements of a Crime.
18
Mar 15
The Required State of Mind for Criminal
Culpability; mens rea
19
Mar 20
Specific, General and non-Intent Crimes
20
Mar 22
Significant Common Law Crimes
21
Mar 27
Liability Without Fault, and Business Crimes
22
Mar 29
Specific Business Crimes.
23
April 3
Maintenance of Public Order; the Defenses of
Entrapment, Insanity, Self Defense.
24
April 5
Evidence and Privileges.
25
April 10
The Grand Jury
26
April 12
The Trial of a Criminal Case
27
April 17
The Trial of a Criminal Case, cont.
28
April 19
Review
29
April 26
2:45 pm – 3:45 pm
FINAL EXAM
NOTE: the last day to withdraw without academic penalty is March 19, 2012.