CRIMINAL LAW Spring 2017 Craig Lerner Syllabus (January 3, 2017)

Transcription

1 CRIMINAL LAW Spring 2017 Craig Lerner Syllabus (January 3, 2017) Class Schedule: Class meets Mondays and Wednesday at 10:30-11:45. Office hours: I will hold office hours after class on Wednesdays until 12:30 p.m. I will also be available in my office (433H) on Mondays from 2:00 to 3:00. Please also feel free to me at clerner@gmu.edu to arrange an appointment. My phone number is Required course material: The principal reading material is drawn from Kadish, Schulhofer, Steiker and Barkow: Criminal Law and its Processes (10th ed. 2017). You will also be responsible for studying those sections of the Model Penal Code that correspond to the assigned material. The MPC is reprinted as an appendix in the casebook. I will supplement the casebook readings with others materials throughout the semester. Classroom participation: I will take attendance. Students are expected to be present and prepared. I reserve the option of raising or lowering grades based on class participation. Use of the internet in any form is prohibited during class. Audiotaping or videotaping of class is also prohibited. Final exam: The exam is on May 15 at noon. It will be a closed-book exam. Reading assignments: At the end of the syllabus is a rough approximation of reading assignments throughout the semester. We will almost certainly depart from this. Every Wednesday, I will the assignment for the following week. First Assignment (January 18): Kadish, Schulhofer, Steiker, and Barkow, pages Second Assignment (January 23): Pages , 38-43, , and Third Assignment (January 25): Pages and

2 Topic Outline All page numbers below are from Kadish, Schulhofer, Steiker and Barkow: Criminal Law and its Processes (10th ed. 2017). Material may be deleted or added over the course of the semester. I will supplement the material below with additional readings I. Purposes of Punishment: pages II. Defining Criminal Conduct A. Proportionality: B. Beyond a Reasonable Doubt: C. Principle of Legality: and D. Actus Reus 1. Voluntary acts: and Omissions: E. Mens Rea 1. Common law: Model penal code: Mistake of fact: and Strict Liability: Mistake of law: III. Homicide A. Statutory Frameworks: and B. Intended Killings 1. Premeditation: Provocation: C. Unintended Killings 1. Creation of Homicidal Risk: Felony Murder: IV. Rape A. Statutory Frameworks:

3 B. Actus Reus: and C. Eliminating the Force Requirement: D. Consent: E. Mens Rea: V. Significance of Resulting Harm A. Causation 1. Foreseeability: Subsequent human acts: B. Attempts 1. Introduction: Mens Rea: Preparation: Impossibility: VI. Exculpation A. Justification 1. Protection of human life: and Protection of property and law enforcement: Necessity: B. Excuse 1. Introduction: Duress: Intoxication: Insanity: VI. Group Criminality A. Introduction: B. Mens Rea: C. Actus Reus: D. Conspiracy:

4 Tentative list of assignments This will be adjusted over the course of the semester. All page numbers below are from Kadish, Schulhofer, Steiker and Barkow: Criminal Law and its Processes (10th ed. 2017). I will supplement these assignments over the course of the semester with material from other sources. January 18/Class 1: (purposes of punishment) January 23/Class 2: (proportionality); (beyond a reasonable doubt); and and (legality) January 25/Class 3: and (actus reus) January 30/Class 4: (omissions) February 1/Class 5: (mens rea) February 6/Class 6: (mens rea) and and (mistake of fact) February 8/Class 7: (strict liability) February 13/Class 8: (mistake of law) February 15/Class 9: and (homicide statutory frameworks) and (premeditation) February 20/Class 10: (provocation) February 22/Class 11: (recklessness and negligence) February 27/Class 12: (recklessness and negligence) and (felony murder) March 1/Class 13: (felony murder) March 6/Class 14: (rape statutory frameworks); and (actus reus) and (eliminating force requirement) March 8/Class 15: (consent) and (mens rea) 4

5 March 13: No class/vacation March 15: No class/vacation March 20/Class 16: (causation) March 22/Class 17: (causation) and (attempt) March 27/Class 18: (attempts) March 29/Class 19: (attempts) April 3/Class 20: and (self-defense) April 5/Class 21: (self-defense) April 10/Class 22: (necessity) and (duress) April 12/Class 23: (intoxication) and (insanity) April 17/Class 24: (insanity) April 19/Class 25: (insanity) April 24/Class 26: (group liability) April 26/Class 27: (group liability) and (conspiracy) May 1/Class 28: Catch up material and go over practice exam questions 5