Criminal Law - Professor Friedland

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ELON UNIVERSITY

SCHOOL OF LAW

Professor Steven Friedland

Office Room: 213

Office Phone: 336-278-9224

CRIMINAL LAW

SYLLABUS

Sfriedland2@elon.edu

Spring 2007

Mondays,

Wednesdays,

MATERIALS

A. Required

1:00 p.m.

9:00 a.m.

1:00 p.m.

– 2:30 p.m.,

– 10:30 a.m.,

– 2:30 p.m.

Room 206

Room 206 [breakouts]

Room 206

Bloch and McMunigal, Criminal Law: A Contemporary Approach (2005 Aspen Press)

B. Suggested [Discussed in Class]

LEARNING GOALS

The goals of this course are several:

(1) To learn about Criminal Law in terms of Substance, Procedure, Skills and Values. a. Substance means a deep understanding (mastery) of the rules of criminal law

(mastery) of the rules of criminal law, the rationales for those rules and how to apply them to different fact situations.

1. A deep understanding occurs only if there is a working understanding of the elements, explanations, examples, exceptions and comparisons of the rules (the

4 “EC”s) b. Procedure means the way criminal law rules work to avoid disputes and, once disputes occur, to generate effective dispute resolution.

1. Procedure includes an examination of good practices and processes.

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c. Skills means the various performance competencies required to become a superior property lawyer, especially critical reading, thinking and writing on the one hand and leadership on the other.

1. Critical reading means being able to distinguish and highlight facts, rules and other aspects of texts.

2. Critical thinking has different cognitive levels, from rote knowledge, to understanding, to issue spotting, to problem solving, to synthesis. The primary goal is deep understanding.

3. Critical writing means to express oneself in an organized manner clearly and concisely, analyzing and evaluating and, when appropriate, persuasively, in a highly transparent style.

4. Leadership means influencing others positively. It includes several components: a. Executive self-management (self-awareness; awareness of impact of actions on others) b. Management of professional relationships d. Values are job-related and include preparation, professionalism, judgment, community and leadership (influencing others positively).

1. There ought to be intentionality about utilizing and promoting values, for their intrinsic benefit and for the instrumental effect of better practices.

(2) To learn about criminal law contexts, such as the world of legal practice, the “real world,” economics, politics and local cultures, particularly in light of the Carnegie Report on Legal Education, which stresses the integration of theory and practice in law school;

(3) To fully participate, be engaged in and contribute to the cumulative group learning process and create good practices for law school and lawyering;

(4) To learn from classmates and others during the class discussion, from listening, using “I” statements and not “You” statements, respecting different learning styles, values and positions and other techniques;

(6) To develop protocols of analysis in different criminal law subject areas;

(7) To examine and evaluate larger values and perspectives concerning our system of private property law;

(8) To understand how and why criminal law rules change over time; and

(9) to have fun.

TEACHING METHODS

1. Interactive -- e.g., Small groups, mock arguments

2. In-class note breaks

3. After-class minute reviews; lunch-meetings; emails

4. Student management teams (student input

– “Start? Stop? Continue?”)

5. Extra-optional review classes

6. Out-of-class assignments –writing, doing

7. Videos

8. Quizzes (released bar questions and short answer questions)

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9. Other

COURSE REQUIREMENTS

1.Students are expected to prepare for and attend class regularly.

2.(a) More than two (2) unexcused absences may result in a lowered grade at the discretion of the professor; (b) the same consequence may result if a student is unprepared for or late to more than two classes; and the same consequences may result if a combination of (a) and (b) exists.

3.You must attend and write about a criminal court case occurring in the court-house, providing your observations of the hearing, trial or other proceeding. These observations can include statements about the witnesses, the attorneys or any other pertinent information to an assessment of the criminal justice system. You must make reasonable efforts to speak with either an attorney, the judge or a law clerk in the case.

[1 page]

4. You must follow a criminal case in the news and write about it. [1 page]

5. Complete on a satisfactory basis other writing assignments.

6. Participate in other active learning exercises.

GRADING AND EVALUATION

The evaluation of students will be based on a written final examination , which may include a take-home component. There will be additional assignments during the semester that may involve diagnostic and formative assessment of student performance.

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CLASS OUTLINE AND ASSIGNMENTS

NOTES :

1. Note that the goal of understanding material often conflicts with coverage. In this class, understanding wins. Thus, we will sometimes not cover the amount of material assigned. The following assignment schedule is only a guideline, not an absolute edict.

2. On days we do not complete the assignment, we will pick up in the next class where we left off.

3. As a general rule, we will cover approximately 10 to 20 pages per class session.

4. Assigned pages do not include problems. Those are assigned separately and specifically.

5. All assignments are in the Bloch and McMunigal text book, unless otherwise noted.

6. Supplementary readings and problems will be assigned at various times during the semester.

“BIG PICTURE” COURSE STRUCTURE :

1. GENERIC INGREDIENTS OF CRIMINAL LAWS a.CRIME VERSUS TORT b.CONSTITUTIONAL REQUIREMENTS; c. ELEMENTS: Act; Mental State; and Defenses

2. ELEMENTS OF SPECIFIC CRIMES a.Homicide, b.Arson, c.Battery, d.Assault, e.Larceny, f.Burglary, g.Robbery h.Sexual Assault, i.Conspiracy, j. Attempt k.Solicitation l. etc.

PART I: INTRODUCTION TO CRIMINAL LAW

CLASS #1: WHAT IS A CRIME?

Assignment: Pages 91-92; Keeler, pps.96-103; Rule of Lenity , page 103; Case Quotes,

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104-105; Problem 1.2, Problem 1.3, pages18-20.

o Statutory Interpretation

Assignment: pages 127-128; 134-139; question 1, page 139; 140-143

CLASS #2: HOW DO CRIMES GET PROSECUTED? o Some common law crimes : Arson and Battery

(Frameworks; deep understanding; and application)

Assignment: pages 1-15

PART II: THE GENERIC INGREDIENTS OF CRIMES

A. THE ACTUS REUS (CONDUCT)

CLASS #3: What is the actus reus requirement?

Assignment: pages 165-168. Problem 4.2, page 169

Status

Assignment: Robinson , pages 170-172; Powell , pages 172-174; Homelessness, pages

174-176

Voluntariness

Assignment: Problem 4.4, page 177

Time-Framing

Assignment: Decina , pages 181-183 [if not fully covered, reviewed in Class #4]

CLASS #4: MORE ACTUS REUS ISSUES

Omissions

Assignment: Omission introduction, page 184; Jones , pages 184-186; Problem 4.7, page 186; Model Penal Code (MPC), page 187; pages 187-188

Possession

Assignment: Introduction, pages 192-193; Problem 4.10, pages 193-194

Causation

Assignment: Introduction, pages 475-476; Kibbe , pages 486-489; MPC, page 494

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B. MENS REA (MENTAL STATES)

CLASS #5: CRIMINAL MENTAL STATES

Assignment: Overview, pages 209-210; Introduction, pages 210-217; Problems 5.1 and

5.2, page 218; case squibs, pages 220-221; MPC ________________

Strict Liability

Assignment: Introduction, pages 224-225; U.S. v. Balint , pages 225-226

C. DEFENSES

CLASS #6: NEGATING AN ELEMENT OF A CRIME a. Mistake of Fact b. Assignment: Introduction, page 243; Problem 5.13, page 244 c. Mistake of Law d. Assignment: U.S. v. Baker , pages 255-256; Reliance on Official

Interpretation and Cox v. La., pages 262-263 e. Intoxication f. Assignment: Introduction, pages 285-286; People v. Hood and Montana v.

Egelhoff , pages 287-291

B. CLASS #7: A MAJOR JUSTIFICATION – SELF DEFENSE

Assignment: Introduction, pages 497-498

SELF DEFENSE [Goetz]

Assignment: Introduction, pages 498-499; People v. Goetz , pages 501-507;

Duty to Retreat

Assignment: pages 519-520; Problem 8.4, page 520

CLASS #8: NECESSITY

Assignment: Introduction, page 528; Problem 8.10, page 529; Dudley and Stephens , pages 531-535;

DURESS

Assignment: Introduction, page 545-546; Problem 8.22, page 547

CLASS #9: INSANITY AND MENTAL ILLNESS [One Flew Over the Cuckoo’s

Nest]

Assignment: Introduction, pages 553-555; People v. Drew , pages 556-559; People v.

Fields, pages 559-561; Problem 8.27, page 568;

Recent Applications: Post-Traumatic Stress Disorder and Postpartum

Psychosis

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Assignment: 571-572; Problem 8.29, pages 573-574.

PART III: CRIME AND PUNISHMENT

CLASSES ##10-14: HOMICIDE

Purposeful Killings

Assignment: Introduction, pages 323-324; pages 324-326; Problem 6.1, page 326;

Carroll , pages 329-332; Young , page 333

Provocation Doctrine (Heat of Passion Manslaughter)

Assignment: Introduction and Lawton , pages 334-337; Maher , pages 348-349; Brooks , pages 352-353; ABA Commission and MPC, pages 354-355

Reckless Killings

Assignment: Introduction, pages 362-363; U.S. Code, 363; Fleming , 363-365

CLASSES ##15-16: Felony Murder

Assignment: Introduction, 399-400; State v. Simmons , pages 400-403; MPC, pages

413-414

Limitations

Assignment: Introduction, 414-415

Agency

Assignment: pages 421-423

Complicity Generally

Assignment: Introduction, pages 713-715; Problems 11.1, 11.2, 11.3, page 714

CLASS #17: PUNISHMENT

PUNISHMENT

Assignment: pages 23-27, including questions; Problem 2.1

Why Punish?

Assignment: Problem 2.4, page 28

A. RETRIBUTION, DETERRENCE AND INCPACITATION

Assignment: pages 40-41, 44-47 [CANING, SCARLET LETTER; STOCKADES]

B. REHABILITATION, DENUNCIATION AND HOW WE PUNISH

Assignment: pages 51-56, 57-59 [SHAWSHANK REDEMPTION] ?

1. Restoring Felons’ civil rights

2. Re-entering society

Types of Punishment

Assignment: Scarlet Letter, 60-61; Tables, pages 63, 64, 67

Restorative Justice

Assignment: skim pages 73-74

CAPITAL PUNISHMENT

Assignment: pages 433-437; Furman v. Ga ., pages 443-446; Gregg v. Ga ., pages 447-

449; offender characteristics, pages 465-467

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PART IV: MORE CRIMES

CLASS #18: SEXUAL ASSAULT

Assignment: Introduction, pages 579-580; Context, pages 581-584; What is Rape, pages 584-587

New Perspectives

Assignment: M.T.S

. and Josh Dressler, pages 594-601

Rape Trauma Syndrome

Assignment: Introduction and People v. Taylor , pages 626-631

Statutory Rape

Assignment: pages 646-647

CLASS #19: ATTEMPT AND SOLICIATION [Day of the Jackal]

Assignment: Introduction, pages 663-664; MPC, 5.01; Kansas v. Bobin , pages 667-668;

Rizzo , pages 668-671

Impossibility

Assignment: Introduction, pages 691-693; Dlugash, pages 693-697

Solicitation

Assignment: Introduction, pages 700-701

CLASS #20: CONSPIRACY [Butch Cassidy….]

Assignment: Introduction, pages 749-750; Lauria, pages 767-772

The Pinkerton Doctrine

Assignment: pages 777-780

Duration

Assignment: pages 783-785

Wharton’s Rule

Assignment: pages 786-787; problem 12.9, page 787

CLASS #21: BURGLARY and LARCENY

Assignment: Introduction, pages 791-792

Larceny By Trick

False Pretenses

Assignment: pages 803-804, 809-810

CLASS # 22: CRIME INVESTIGATION

PART V: CSI GREENSBORO : CRIME SCENE INVESTIGATION

DNA

FINGER PRINT ANALYSIS

Assignment: TBA

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