CRIMINAL LAW
CJCR 2540-001
SPRING, 2006
PROFESSOR
DR. M. H.
WHITSON
GRADUATE
ASSISTANT MR.
BRADLEY D. EDWARDS
OFFICE
201A ROGERS-STOUT
OFFICE
HOURS TUES
& THURS.
OTHER
TIMES BY APPOINTMENT
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
Many students assume that enrolling in Criminal Law will make them privy
to hidden secrets to the legal system, that such a course will provide them
with access to early admissions to
element
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. 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 defenses and excuse defenses
25. Discuss primary problems encountered in applying murder statutes to
corporation
EVALUATION AND
MEASUREMENT
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 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 usually be. objective. However, this statement is not a contract,
nor a guarantee. 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 when asked 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. All students are requested to submit an active e-mail
address to the graduate assistant by the second week of school. 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, but that briefs include
this information. However, you may, however, 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 handout
Readings
Chapter 1 Samaha
Constitutional Limitations
Principles of
Legality
Fifth and Fourteenth Amendment
Violation (Void for Vagueness)
Fourteenth Amendment Violation
(Equal
Protection)
Ex Post Facto and Bills of
Attainder
Right to Privacy & Free
Speech
Eighth Amendment Violation (Cruel
& Unusual
Punishment)
LEARNING HOW TO USE THE LIBRARY FEBRUARY 2, 2006
LIBRARY
ASSIGNMENT PART B
DUE FEBRUARY 9, 2006
Textbook Readings: Chapter 2
GENERAL PRINCIPLES OF CRIMINAL LIABILITY PART 1
Goals and
Objectives
Elements
of a
Crime
Actus Reus
& Mens
Rea
Causation
Textbook Readings Chapter 3
CRIMINAL
LIABILITY
EXAM 1
FEBRUARY, 23 2006
CASE BRIEFING 1 DUE
CRIMINAL LIABILITY PART 2
Textbook Readings: Chapters
3 & 4
PARTIES TO A CRIME
Goals and Objectives
Accomplice
liability
Doctrine of Complicity
Vicarious liability
Strict liability
ACCOMPLICE LIABILITY
ACCOMPLICE
HANDOUT
Textbook
EXAM
II-MARCH 23, 2006
INCHOATE CRIMES
Goals and Objectives
Elements
and Defenses to
Attempt
Solicitation
Conspiracy
ATTEMPTS, SOLICITATION
CONSPIRACY
Textbook
Readings Chapter 6
Special
Assignment 2
DUE APRIL 13, 2006
CRIMINAL DEFENSES PART 1
Goals and Objectives
Justification
EXAM III APRIL 18
Textbook
CRIMINAL DEFENSES PART 2
Excuses
Textbook
CRIMINAL DEFENSES
Crimes Against Persons I
Goals and Objectives
Criminal Homicide:
Murder
Manslaughter
Negligent Homicide
Felony-Murder
Criminal Sexual Conduct
Movie Viewing
Textbook
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.