CRIMINAL
LAW
CJCR 2540-001
FALL, 2006
PROFESSOR
DR. M. H. WHITSON
GRADUATE ASSISTANT
MR. BRADLEY D. EDWARDS
OFFICE
201A ROGERS-STOUT
OFFICE HOURS
TUES & THURS 1:00-2:00 P.M.
MONDAYS & WEDNESDAYS
BY APPOINTMENTS
OFFICE PHONE NO.
439-6810
TEXTBOOK
CRIMINAL LAW
JOEL SAMAHA 8th edition
ADDITIONAL READINGS
Selective Cases
WEB PAGE
HTTP://FACULTY.ETSU.EDU/WHITSONM
E-MAIL
WHITSONM@ETSU.EDU
or
WHITSONM@ATT.NET
BRADLEY
EDWARDS
ZBDE2@IMAIL.ETSU.EDU
COURSE
DESCRIPTION
Jeffrey Reiman notes that crime rates rose during the 1990s. This rise and crime
has promoted a “get tough on crime” atmosphere, harsher sentences, and a
more “law and order” regime. Criminal Law is a general course which focuses
on the elements, causes and sentences associated with various criminal offenses.
As a legal mechanism of formal social control, the course examines some of the
restraints and privileges of crime as a means of formal social control. This
course will examine some of the restraints, privileges and elements of offenders
and victims of crime. The course surveys some of the laws which influence
government policies and media promotion. Precedent case laws and current cases
will serve as a reference for discussion crime, its elements and associated
sentencing.
OBJECTIVES
Ideally students will leave this course with a general understanding of crime
and the intricacies involved in determining criminal liability. In addition, at
the very least, at the conclusion of the semester students should be able to:
1. Distinguish between torts or personal injury law,
civil law and criminal law.
2. Discuss the characteristics of criminal law.
3. Discuss the origin of criminal law.
4. Locate, read and analyze criminal law cases.
5. Discuss relevant criminal law issues affecting society.
6. Identify the four main characteristics of criminal punishment.
7. Compare and contrast various categories of crime based on intent and
severity.
8. Discuss the general principles of criminal law and the constitutional limits
supporting and
enforcing these principles.
9. Provide and explain defenses to criminal liability.
10. Differentiate between vicarious liability and strict liability.
11. Discuss white-collar crime as an issue of criminal law.
12. Differentiate between strict liability and vicarious liability as related to
corporate
violence
13. Discuss the advantages and disadvantages of indeterminate sentencing
14. Distinguish between mandatory minimum and/or maximum sentences.
15. Differentiate between determinate and indeterminate sentences.
16. Define presumptive sentencing.
17. Discuss the imposition of no fault criminal liability.
18. Discuss the relationship between the role of juries in determining criminal
justification
and defenses of excuse.
19. Explain the doctrine of inchoate crime.
20. Discuss and distinguish between crimes against person, and property and
defenses
associated with these acts.
21. Critically analyze, through written and oral excerpts, current issues in
criminal
law.
22. Distinguish between substantial process and procedural due process.
23. Define cruel and unjust punishment as interpreted by the Supreme Court.
24. Distinguish between justification and excuse defenses
25. Discuss primary problems encountered in applying murder statutes to
corporation
26. Identify sources of criminal law
27. Discuss the principles of criminal liability
28. Discuss the purposes of criminal punishment
29. Discuss the constitutional limits of criminal law
30. Discuss the Principle of Causation
The above objectives and the specific objectives of each unit shall be
evaluated and measured through:
1. CLASS ATTENDANCE: Class attendance will be taken at each
class period. You are to sign the roll each day. You may not sign for anyone
else. Continued unexcused absences will adversely affect your final grade. As
responsible college students, it is your responsibility to acquire any missed
assignments and/or notes from other class members. To be officially excused from
any class, valid documentation must be submitted within ONE class day
from the day of the absenteeism or the student's return to class, whichever comes first. In cases of an
emergency, students should call the office, or e-mail the instructor as soon as
possible. This does not substitute for the submission of an official written
excuse.
TARDINESS: It is expected that you will be punctual in your
attendance. If you must be late please enter as quietly as possible, so as not
to disturb the class. You will always be given some lead way, but to enter class
10-15 minutes after class has begun is disruptive. However, do not miss class
simply because you will be late. It is better to be late for class than not to
attend.
Unless you are informed prior to class, ALWAYS assume that
we will have class.
2. EXAMS: A maximum of four announced exams (this
includes the final exam) will be administered during the semester (The actual
number of exams will depend on the pace of the class). You should always be
prepared for unannounced exams. Scores from unannounced quizzes will be combined
with attendance points for class participation. Make Up exams will only
be permitted for announced exams with appropriate excuses. Students will
not be permitted to make up more than one exam. All make-up exams will be given
during the week prior to final exams on a day agreed upon with the Graduate
Assistant. Students with extended absentees due to illness should contact me.
.
Exams will cover material discussed in class, from power point handouts
and/or listed on blackboard, occurring on study objectives and outside readings.
Exams may be short answer questions, true and false, select choices, fill in the
blanks or a combination thereof. You should strive for an understanding of the
material rather than studying for exams only. You should always expect any
material we have covered in class or which you were responsible for reading to
be included on exams. There will never be specific reviews for exams.
3. SPECIAL ASSIGNMENTS: During the
semester you will be assigned case briefing and/or other special assignments.
Scores from case briefs and/or assignments will be totaled to acquire a special
assignment grade. The special assignments will be worth a total of 80 points.
You may submit the assignments anytime prior to or on the due date. Papers
submitted after the due date will incur penalties of 2 points per day late.
Assignments more than seven days late are not accepted.
4. CLASS PARTICIPATION: Class discussions are a vital part
of this class. Be prepared to do a lot of thinking, talking and writing. You
will never be criticized for your position or opinion. Sometimes students take
this challenge as to not appreciating their response, and therefore make the
assumption that the instructor does not appreciate them or their opinion or want
them to respond or ask questions. This is far from the truth. In fact you are
encouraged to ask questions regarding specific events discussed in class and to
give your opinions. However, you will be expected to defend your opinion with
sound criminological principles. You will not always agree with a court decision
or with the opinions of your peers. In fact you may discover that you will agree
with the dissent rather than the majority opinion in specific instances. You
should always be prepared to explain why you disagree and provide supportive
case law to substantiate your argument. You can not change the ruling of the
higher court, but you can disagree and express your reasons.
5. CASE LAW AND WEB PAGES: Periodically you will be required to
report and/or research special issues and/or cases. Some may be secured via
special criminal law web pages, i.e., www.findlaw.com
and/or westlaw.com. However, use of the
computer will not eliminate using the library. Since it is likely that you will
be spending quite a bit of time on the third floor of the library, you should
hone your library skills. Feel free to e-mail me if you have specific questions
or issues. However, to e-mail me regarding exam questions and format will
be futile.
6. BRIEFING CASES: Preparation of cases for presentation to
class or submission should follow what is termed the IRACH
technique .
(1) I=Issue. Begin by giving the issue of the case. Although
there may be several issues, be sure to include the issue(s) relative to the
section or area which is being studied at that time.
(2) R=Rule of Law: Give the general rule of law relating to the
case issue. Be sure to include when and how this rule applies.
(3) A=Acts What were the actions, the facts in the current
case? Include only those facts that are pertinent to the stated issue. The facts
should not be extensive, but they should not cover minute detail, unless that
detail will be pertinent to the issue and the conclusions reached by the court.
(4) C=Conclusion. What were the conclusions reached by the
court. Why were these conclusions reached?
(5) H=Holding. What did the courts hold? Was the court's
holding in accordance with the general rule or an exception?
It is not required that cases be written in 1-5 format listed above, but the
briefs should include this information. However, you may find it more convenient
to write your briefs in this format. Always follow the APA format for references
cited within your text and on your reference page(s). Be Sure to register on
Blackboard and check announcements and the board weekly. Go To: http://bb.etsu.edu
EVALUATION
Class Participation
60pts
Pop Quizzes
30pts
Attendance
30pts
Special Assignments
80pts
Exams(average of three exams) 100pts
Total
240pts
GRADING
SCALE
240-220= A 92
219-215=A- 89
214-206=B+ 86
205-192=B 80
191-186=B- 78
185-180=C+ 75
179-169=C 70
168-160=C- 67
159-155=D+ 64
154-145=D 60
<145=F
++TENTATIVE COURSE OUTLINE
Introduction
Expectations of Course
Goals and Objectives
Criminal Law Overview
Origin, Sources and
Purposes of Criminal Law
Sentencing and Punishment
Categories and Classification
Power
Point Study
Chapter 1 Samaha
Constitutional Limitations
Constitutional Limitations power point
study
Goals and Objectives
Principles of
Legality
Fifth and Fourteenth Amendment
Violation (Void for Vagueness)
Fourteenth Amendment Violation
Ex Post Facto and Bills of Attainder
Right to Privacy & Free Speech
Eighth Amendment Violation (Cruel
& Unusual Punishment)
LEARNING HOW TO USE THE LIBRARY
SEPTEMBER TBA
Chapter
2
EXAM I
General
Principles of Criminal Liability Part 1 & 2
Goals and Objectives
Elements
of a Crime
Actus Reus & Mens Rea
Causation
CRIMINAL
LIABILITY
Case Briefing 1
Due OCTOBER 3
Chapters
3 & 4
Parties to a Crime
Goals and Objectives
Accomplice liability
Doctrine of Complicity
Vicarious liability
Strict liability
ACCOMPLICE LIABILITY
CHAPTER 5
EXAM II
Inchoate Crimes
Goals and Objectives
Elements
and Defenses to Attempt
Solicitation
Conspiracy
ATTEMPTS, SOLICITATION
CONSPIRACY
CHAPTER 6
Criminal Defenses Part 1 &2
Goals
and Objectives
Justification
Excuses
CRIMINAL
DEFENSES
CHAPTER 7 & 8
Special
Assignment 2
DUE NOVEMBER 2
MOVIE:TBA
EXAM III
Crimes Against Persons I
Goals and Objectives
Criminal Homicide:
Murder
Manslaughter
Negligent Homicide
Felony-Murder
Criminal Sexual Conduct
CHAPTERS
9 & 10
FINAL EXAM
+This is not a contract but a proposed outline.
Topics, exams and assignment dates are subject to change at the discretion of
the professor.
**You should contact blackboard daily for announcements, assignments and
reminders.