CRIMINAL LAW
Prof. Jennifer Daskal
Spring 2015
Mon./Wed.: 1:30-2:50
Syllabus: Course Expectations and Summary
Welcome to Criminal Law! In this course, we will examine the laws and systems that have
been put in place to prohibit and punish behavior that society has deemed evil, dangerous, or
simply undesirable. We will begin the course by examining the goals and operation of the
criminal justice system, and then turn to statutes, common law rules and constitutional provisions
that dictate the imposition of criminal liability and punishment. Topics include: the nature of
crime and its elements (mens rea and actus reus); common law and statutory offenses (e.g.,
homicide, rape); inchoate crimes (attempt, solicitation, and conspiracy); defenses (e.g., selfdefense, defense of others, battered woman syndrome, necessity, duress, intoxication, insanity);
and justifiable and excusable acts or omissions.
The material is provocative, interesting, and at times emotionally charged. There is no “right” or
“wrong” answer. I will often seek to elicit competing perspectives on particular issues, and
expect and hope that you will do the same.
Readings. The book for this class is Criminal Law and its Processes: Cases and Materials (9th
ed. 2012) by Kadish, Schulhofer, Steiker & Barkow. The class will also include discussion of the
American Law Institute’s Model Penal Code, which is found on pages 1191-1253 of the
textbook. Additional readings may be posted on MyWCL.
Office Hours: My office hours are Tuesdays 2-4. Room 334. If that time doesn’t work for
you, please email me (jdaskal@wcl.american.edu) or come talk to me after class to set up
another time to meet. I’m hoping to get to know all of you, so please come by, even if you
don’t have any specific criminal law questions and just want to say hello.
Attendance and Class Participation. Attendance is mandatory. I expect everyone to be
prepared and will “cold call” on students. This is not meant to embarrass or badger, but to help
hone skills at oral advocacy, which is an essential component of good lawyering (whether in a
courtroom, boardroom, or government office).
If you are not prepared for class, please email me in advance so that I do not call on you. That
said, class participation will be taken into account in your grade. Grades will be adjusted
downward by half a point for any student that misses class or is not prepared multiple times
during the semester. Conversely, excellent class participation will result in your grade being
adjusted up half a point (i.e., from a B-plus to an A-minus).
Laptop /Cell Phone Policy. Web browsers should be closed during class and cell phones turned
off or on silent. That means no emailing and no surfing the web during class. If this rule is not
being complied with, and/or students become distracted by their computers, I will prohibit the
use of laptops for the remainder of the semester.
Professionalism and Sensitive Issues. Professional, courtesy, and kindness are expected in and
outside the classroom. This class will only work if we all treat each other with respect and
courtesy, much as will be expected of you throughout your career as an attorney. As stated
above, I want all voices to be heard, and will not tolerate any rudeness or disrespect of others’
viewpoints. On a related note, criminal law is a course that touches on a number of sensitive
subjects, some of which may resonate personally. Please speak with me if you are having trouble
of any kind.
Syllabus. The syllabus is attached. CB refers to the textbook for the class, and MPC refers to the
Model Penal Code, starting at page 1191 of the textbook. I may adjust some of the material as
we go along, and will keep you apprised via email and class announcements of any changes.
SYLLABUS
PART I – FRAMING THE ISSUES
1. Jan. 7: Justifications/Purpose of Punishment
Readings:
 82-91 (Regina v. Dudley; Stephens): 190-200 (Ewing; Graham)
 Dan Barry, A Dealer Serving Life Without Having Taken One, NYT, available at:
http://www.nytimes.com/2013/12/22/us/a-dealer-serving-life-withouthaving-taken-one.html?pagewanted=all&_r=0&pagewanted=print
2. Jan 12: Criminal Justice in Practice
Readings:
 CB 1-12 (skim – for your background)
 Jack Healy, Wrongfully Convicted Often Find Their Record, Unexpunged,
Haunts Them, N.Y. TIMES (May 5, 2013), available at
http://www.nytimes.com/2013/05/06/us/wrongfully-convicted-find-theirrecord-haunts-them.html.
 Jed Rakoff, Why Innocent People Plead Guilty¸ New York Review of Books (Nov.
20, 2014), available at:
http://www.nybooks.com/articles/archives/2014/nov/20/why-innocentpeople-plead-guilty/
 Grace Wyler, The Mass Incarceration Problem in America, VICE News, (July 26,
2014), available at: https://news.vice.com/article/the-mass-incarcerationproblem-in-america
PART II – CULPABLE ACTIONS: ACT/INTENT
3. Jan. 14:- Actus Reus
Readings:
 MPC 2.01
 CB 205 (Martin v. State); 207 (Jones v. City of Los Angeles); 212-213 (The
Cogdon Case); 214-215 (People v. Decina)
 CB: 218 – 222 note 2 (Omissions) (Jones v. United States; Pope v. State) 228232 (Beardsley; Miranda)
 CB 235-236 (Possession)
4. Jan. 21: Culpability - Mens Rea
Readings:
 MPC 2.02
 CB 241-247 (Mens Rea) (Regina v. Cunningham; Regina v. Faulkner)
 CB 250-252 (Negligence) (State v. Hazelwood)
 CB 260-63 (United States v. Jewell; Global Tech); 264 (United States v. Heredia)
MORE TO COME. . .