CRIMINAL LAW CJUS/POLI 213A FALL 2014 INSTRUCTOR: Raymond F. Leven, J.D. Law Office of Leon P. Ferrance, P.C. P.O. Box 34 Roanoke, VA 24012 CLASSROOM: West 216 OFFICE: West Hall 12 OFFICE PHONE: E-MAIL: (540) 375-2406 leven@roanoke.edu OFFICE HOURS: Tuesday’s and Thursday’s – 3:30pm – 4:30pm or by appointment COURSE MATERIALS Hall, Daniel E. Criminal Law and Procedure (6th Ed.). Delmar Publishing, 2004. ISBN 978-11113-1272-5. Scott, Gregory M. & Stephen M. Garrison. The Political Science Student Writer’s Manual, 7th ed., (Upper Saddle River: Prentice Hall, 2012). Handouts and Reserve Materials as needed/assigned INTRODUCTION Criminal Law is an effort by society to prohibit/enforce conduct by punishment of those who fail to comply with society’s rules. This course will examine the general rules of criminal responsibility and the development of the underlying theories of substantive criminal law. (Focus on the system in the United States). After the substantive theory, the study will turn to specific crimes and the elements that define them. The major categories covered will be crimes against a person, crimes against property, and crimes against the public. Finally, the study will turn to the procedures that must be followed under the Constitution and laws of the United States. Only by following such procedures is it legitimate for the government to prosecute the individual. LEARNING OUTCOMES Successful completion of this course will provide the student with an understanding of the American criminal justice system. This will include knowing and being able to explain the difference between criminal and civil laws, recognizing the elements of major crimes and identifying defenses to criminal charges and procedural irregularities. This knowledge can be used in making informed decisions in voting, in understanding media reports, and even in making personal decisions. COURSE FORMAT Class time will involve a lecture, discussion, and “Socratic questions” (designed to generate discussion and feedback). This will be an opportunity to learn and use new terms and concepts that may be complex and new to most. No amount of text reading can substitute for the interaction in class, however, knowledge of the text is critical to that interaction. To facilitate interaction no electronic devices may be used in class, proper decorum is expected and tardiness will be seen as disrespect to those who are trying to engage in productive class time. GRADING POLICY: Final grade will be based on three tests, a comprehensive final exam, class participation, attendance, and any other quizzes or assignments given. The three tests will cover the material immediately preceded each on the schedule. Tests will each count as 20% of the final grade. The comprehensive final exam will count as 30% of the final grade. Thus, attendance, participation, quizzes, and other assignments that can only be generated by being in class will count as 10% of the final grade. To be clear, attendance is expected, required and will count toward your final grade. GRADING SCALE 93% - 100% 90% - 92% 88% - 89% A AB+ 83% - 87% 80% - 82% 78% - 79% 73% - 77% B BC+ C 70% - 72% 68% - 69% 63% - 67% 60% - 62% ≤ 59% CD+ D DF MAKEUP POLICY In general there will be no make ups of tests and assignments. However, where the failure of the student to take the test or hand in the assignment is excused in advance and in writing is based on extenuating circumstances outside the control of the student, in the instructor’s discretion, tests or assignments may be made up when it is possible. GRADE CHANGES Grades are final as posted but I am happy to discuss any grade with a student and if an arithmetic error has occurred I will make a correction. However, you must discuss any grade with me no later than the following class period or within one week if class is not in session. No changes will be made to final grades at the end of the semester with the exception of arithmetic errors. ACADEMIC INTEGRITY All students are expected to strictly adhere to the Standards of Academic Integrity Policy contained in the Student Handbook. In particular all tests, quizzes, exams, and assignments are to be the work of the individual student unless an assignment is a group assignment. Examples of academic integrity violations at Roanoke College are: 1. 2. 3. 4. 5. 6. Cheating Lying Plagiarizing Unauthorized use of electronic devices Impeding an investigation Any other actions that violate regulations outlined in the Student handbook. If I suspect any student of an academic integrity violation, it is my duty to report such violations to the Academic Integrity Council. THE OFFICE OF DISABILITY SUPPORT SERVICES is located in the Goode-Pasfield Center for Learning and Teaching in Fintel Library, provides reasonable accommodations to students with identified disabilities. Reasonable accommodations are provided based on the diagnosed disability and the recommendations of the professional evaluator. In order to be considered for disability services, students must identify themselves to the Office of Disability Support Services. Students requesting accommodations are required to provide specific current documentation of their disabilities. Please contact Rick Robers, M.A., Coordinator of Disability Support Services, at 540-375-2247 or e-mail robers@roanoke.edu. If you are on record with the College's Office of Disability Support Services as having academic or physical needs requiring accommodations, please schedule an appointment with Mr. Robers as soon as possible. You need to discuss your accommodations with him before they can be implemented. Also, please note that arrangements for extended time on exams, testing, and quizzes in a distraction-reduced environment must be made at least one week before every exam. SUBJECT TUTORING offers assistance in two helpful formats: Walk-In Tutoring: Walk-in tutoring is offered in 1.5 hour intervals in a group format for our most popular subjects. The format allows you to spend up to 1.5 hours with the tutor, or you can simply pop-in to ask a quick question. Regularly scheduled groups will be offered from 4-5:30 pm; 6-7:30 pm; and 7:30 -9 pm Sunday - Thursday. Private Tutoring: Private tutoring is available to students who wish to receive one-on-one tutoring in a particular subject. Private tutoring is available for our most popular subjects and for subjects that do not have a designated time on the Walk-In Schedule. Private Tutors are only available upon request and appointments must be made 24 hours in advance for tutor notification. No-shows will be monitored closely and after three missed appointments, students will be locked out of the Private Tutoring schedule for the remainder of the semester. Both schedules as well as The Writing Center schedule can be found at www.roanoke.edu/tutoring. THE WRITING CENTER @ ROANOKE COLLEGE is located on the lower level of Fintel Library, offers tutorials focused on written and oral communication for students working on assignments and projects in any field. Writers at all levels of competence may visit the Writing Center at any point in their process, from brainstorming to drafting to editing, to talk with trained peer tutors in informal, one-on-one sessions. The Writing Center is open Sunday through Thursday from 4 to 9 pm. Simply stop in, or schedule an appointment by going to www.roanoke.edu/writingcenter, where our schedule of writing workshops and creative writing playshops is also posted. Questions? Email writingcenter@roanoke.edu or call 375-4949. Like our Facebook page for updates! OTHER USEFUL INFORMATION There are some important general observations which may help you better understand our work together and improve your achievement. The Socratic method, often employed in this course, answers questions with questions. This is intended to stimulate additional thought and discussion and will lead us to the answers. Do not allow the Socratic approach to deter your questions. The responses are not personal and will help you understand the issues. There are occasions when a current event, political or business, will illustrate or better explain the topic we are discussing. These are not truly “digressions” but may seem to be as they do not always track our text book. Look for the connection rather than ignoring these examples. There are other occasions when we will in fact digress to hear a story or unrelated example of laws or business. The material can be very dry and sometimes a digression provides much needed relief and allows us to continue with a fresh perspective. There may be comments made of a political nature or based on other current events. Opinions expressed at that moment are not necessarily those of the professor but may be purposely controversial in an effort to stimulate debate and critical thinking. Do not be reluctant to challenge any comment that you find difficult to accept or may even seem offensive at the moment. Personal attacks are never acceptable in our time together. If you feel you are a victim of such remarks, speak up so that the issue can be resolved. COURSE SCHEDULE (subject to change) 8/26 Introduction to the U.S. Legal System 8/28 Introduction to the U.S. Legal System, (cont.) Introduction to Criminal Law 9/2 9/4 9/9 9/11 9/18 9/23 9/25 9/30 Introduction Criminal Law, (cont.) Actus Reus Actus Reus, cont. Mens Rea Mens Rea (and Strict Liability) Causation, Concurrence and Social Harm Causation, Concurrence and Social Harm, (cont.) Test I Parties to Crimes 10/2 10/7 10/9 10/21 10/23 10/28 10/30 11/4 11/6 Inchoate Offenses Inchoate Offenses, (cont.) Introduction to Defenses Test II Defenses Defenses, cont. Crimes against the Person Crimes against the Person, (cont.) Crimes against the Person, (cont.) 11/11 11/13 11/18 11/20 11/25 Crimes against Property Crimes against Property, (cont.) Crimes against Property, (cont.) Crimes against the Public, Test III Crimes against the Public, (cont.) 12/2 12/4 12/9 Criminal Procedure Criminal Procedure, (cont.) Final Exam, 6:30 – 9:30pm, Block E3 Curriculum Vita of Raymond F. Leven Education: -Saint Lawrence University (Canton, NY), 1975, Bachelor of Arts in History. -Washington and Lee University School of Law (Lexington, VA), 1978, Juris Doctorate. Employment: -1978-1980 – Assistant Public defender -1981-2004 – Public Defender -2004-2008 – Magistrate and Chief Magistrate for the 23rd District -2007 – Present – “Of Counsel” – Leon P. Ferrance, PC, Attorney at Law Activities and Memberships: -Virginia State Bar (Criminal Law Section) -Virginia Creditors Bar Association -Roanoke Bar Association Board of Directors Secretary/Treasurer 1997-2001; President 2002-2003 Chair RBA Foundation 2003-2004 -Virginia Trial Lawyers Association -Virginia College of Criminal Defense Attorneys -National Legal Aid and Defender Association -Barrister Book Buddies Reading Program -WVTF Radio: Fund Drive Volunteer; Radio Reading Service Volunteer -Roanoke College BUAD Advisory Board -Previous Community & Educational Activities, Member Court Community Corrections Regional Board -Member and Chairman, Bedford County Public Service Authority -Member and Past Chairman, Youth Support Service -Member, Legal Aid Society Board of Directors -Adjunct Faculty, Virginia Western Community College -Lecturer, Various Continuing Education Programs -Public Defender Continuing Legal Education Committee