Instructor: John Sullivan, J.D.
Contact Information
 John Sullivan
 E-mail:
jsullivan3@kaplan.edu
jpsully34@yahoo.com
Phone: 773-835-3106
Grading
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Discussion Boards:
1. Postings demonstrate critical thought
2. Postings are in the 100-word range,
3. At least 2-postings made per discussion thread
(one in response to question and one responding to
another student’s posting),
 4. All postings made prior to the conclusion of each
unit.
 It should be noted that you will not be able to post
messages after the conclusion of each unit.
Grading
 Seminars
 Try to be on time.
 Try to participate as much as possible.
 In seminars we should vigorously debate the points
but make sure to stay on topic.
 Use net etiquette. You are required to remain
respectful of others at all times.
Grading
 Papers
 There are four papers and a Powerpoint Project in this
course. They are not very long, but they are worth over
half of the total points for the course.
 Unit 2, Unit 4, Unit 6 (Powerpoint), Unit 7, Unit 9.
 Good news, there is no midterm in Unit 5/
Grading
 Unit 1- One Page Essay on Civil and Criminal Law- 30
points
 Unit4- 2-3 Page paper Attempt Murder Scenario- 100
points
 Unit 5- Midterm Exam 50 Multiple Choice- 100 points
 Unit 9- Final Exam 50 Multiple Choice- 100 points
 Unit 9- Final Project- Essays- 100 points
 Quizzes- Units 1,2,3,4,6,7,8- 30 points each 210 total
 Seminars Units 1,2,3,4,6,7,8,9- 20 points 160 Total
 Discussion Units 1,2,3,4,6,7,8,- 25 points 225 total
Grading
 The moral of the story is start working on these papers
now. This is not a class where you can fall way behind
and catch up easily.
 You should plan to use the midterm week to work
ahead on your Unit 6,7 and 9 assignments.
Unit 1: The Nature, Purpose, and Constitutional
Context of Criminal Law and Actus Reus
 Post Introduction (Course Home)
 Attend Seminar
 Read Chapters 1 & 4
 Respond to Discussion Question & other student’
responses
 Review Supplemental Material in Unit 1
 Take Quiz
 Do the Unit One Paper (1 page on Criminal v. Civil
Law)
SURVIVAL OF THE FITTEST
“We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness. — That to
secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed.”
Declaration of Independence, 1776
COMMON LAW
 Originated with Judges/Courts in England
 Adopted by Judges in the United States
 Most States replaced Common Law with Criminal
Codes
Criminal Law or Civil Law?
 Some have defined Criminal law as those laws
prohibiting conduct that will result in the “formal and
solemn pronouncement of the moral condemnation of
the community.”
 Civil Laws are those laws that primarily deal with
wrongs committed against an individual rather than
against society’s interests.
Criminal Law or Civil Law
 The Burden of Proof,
 Can anyone tell me the different burdens of proof in
Civil cases and Criminal cases?
Criminal Law or Civil Law
 Civil Law cases only have to be approved by a
preponderance of the evidence.
 Criminal Law cases require proof beyond a reasonable
doubt.
Criminal Law
 Professors Jerome Hall14 and Wayne R. LaFave15
identify the basic principles that comprise the general
part of the criminal law. Think of the general part of
the criminal law as the building blocks that are used to
construct specific offenses such as rape, murder, and
robbery.
Criminal Law
 Criminal Act. A crime involves an act or failure to
act. You cannot be punished for bad thoughts. A
criminal act is called actus reus.
 • Criminal Intent. A crime requires a criminal
intent or mens rea. Criminal punishment is
ordinarily directed at individuals who intentionally,
knowingly, recklessly, or negligently harm other
individuals or property.
 • Concurrence. The criminal act and criminal
intent must coexist or accompany one another/
Criminal Law
 Causation. The defendant’s act must cause the
harm required for criminal guilt, death in the case
of homicide, and the burning of a home in the case of
arson.
 • Responsibility. Individuals must receive
reasonable notice of the acts that are criminal so
as to make a decision to obey or to violate the law. In
other words, the required criminal act and criminal
intent must be clearly stated in a statute.
Criminal Law
 Defenses. Criminal guilt is not imposed on an
individual who is able to demonstrate that his or
her criminal act is justified (benefits society) or
excused (the individual suffered from a disability that
prevented him or her from forming a criminal intent).
Different Categories of Crime
 Why is it necessary to categorize crime?
 How do we classify crimes?
Felony or Misdemeanor
 Felonies are punishable by more than a year in jail or
death.
 Some felonies are referred to as capital felonies – they
are the offenses that can result in the death penalty or
life in prison in those States that do not have the death
penalty.
 Misdemeanors are punishable up to a year in jail.
Mala in se. / Mala Prohibita
 Mala in se = crimes that are inherently evil
 Mala Prohibita = crimes considered wrong only
because they are prohibited by statute
 Can anyone give any examples of mala in se crimes?
 Can anyone give any example of mala prohibita
crimes?
Property Crimes / Crimes against
the Person
 Property Crimes = Burglary, criminal damage,
trespassing, theft, forgery, etc.
 Crimes Against the Person = Murder, manslaughter,
rape, battery, assault, kidnapping, false imprisonment,
sexual offenses, robbery, etc.
Classification of Crimes
 The textbook is organized in accordance with the
subject matter of crimes, the scheme that is followed
in most state criminal codes. There is disagreement,
however, concerning the classification of some crimes.
Robbery, for instance, involves the theft of property as
well as the threat or infliction of harm to the victim,
and there is a debate about whether it should be
considered a crime against property or against the
person.
Classification of Crimes
 Why does it matter?
 Does it matter?
 What do you think?
Classification of Crimes
 Felony v. Misdemeanor
 A felony can really ruin your life.
 A misdemeanor usually can be expunged.
Classification of Crimes
 Sex Crimes and Sex Offender Registration
 This has become a real problem that Criminal Justice
professionals across the country are trying to deal
with.
 Can anyone think of why?
Classification of Crimes
 Jaycee Dugard- Kidnapped at 11 years old and kept in a
California Backyard for 18 years.
 Why didn’t the police raid the backyard of this
convicted rapist when they learned there were kids in
it?
 Because his rape conviction was not for the rape of a
child and the classification did not prevent him from
having contact with children.
Classification of Crimes
 What about an 18 year old having sex with a 16 year
old?
 Is this person a sex offender? How do we classify it?
Substantive Law / Criminal
Procedure
 Can anyone tell me the difference?
Good Luck
 I am here to help.
 This is a very interesting course and we cover a lot of
ground. This course is the foundation for much of
what you will do with your career at Kaplan and
beyond.
 Please do not hesitate to contact me with any concerns
or questions.
Unit 1: The Nature, Purpose, and Constitutional
Context of Criminal Law and Actus Reus
 Post Introduction (Course Home)
 Attend Seminar
 Read Chapters 1 & 4
 Respond to Discussion Question & other student’
responses
 Review Supplemental Material in Unit 1
 Take Quiz
 One Page Paper Criminal v. Civil Law