Revised 11/21/2004

Criminal Law

Sociology 4161

Fall 2004

J. Samaha/A. Odubote

Office
Phone
Hours
e-mail
Samaha 635 SST 612.624.3529; 952.933.5645 T 11-12, or call 952.933.5645 jbs@umn.edu
Odubote 1168 SST 612.624.7548 T 2-4 Odubote@soc.umn.edu

Please write down the URL for the online version of the syllabus: http://www.soc.umn.edu/~samaha/courses/4161_04fall/04_01_syllabus.htm

Course Requirements

Required Text . Samaha, Criminal Law, 8 th edition. Since there are major changes from edition to edition, you’ll need the 8 th edition, earlier ones won’t work.

Assignments . Complete all reading assignments before class. Quizzes, class discussions, and exams are based on them. There aren’t a lot of pages to read for every class, but you’re expected to know their content thoroughly. A casual acquaintance won’t help you much.

5 Exams(600 points, 80% of your final grade). Exams 1-4 are worth 100 points each; Exam 5 is worth 200 points. The exams cover: (1) anything discussed in class, whether assigned or not (about 80 percent); (2) assigned readings not discussed in class (about 20 percent). Exams are not cumulative.

Make-up exams . You have to take exams at the scheduled time, unless you give us written proof of illness, death in the family, observance of religious holidays, participation in athletic events or other official University functions. Please submit proof to A. Odubote. The time of make-up exams 1-4 is at the total discretion of A. Odubote. The makeup for Exam 5 is scheduled by the Sociology Department. Contact Sociology for details, we don’t have them. There are no exceptions to these rules.

Quizzes(20% of your final grade). There will be frequent unannounced quizzes during the semester. The quizzes cover the content of the cases that appear in parentheses in the schedule of classes and assignments. You can use your notes but not your books to answer the quiz questions. We’ll throw out your lowest quiz score. There are no make-up quizzes. If you have a documented excused absence, we’ll reduce your total possible quiz points accordingly.

Discussion . Prepare to discuss (and take an unannounced quiz on) the cases and other stuff in parentheses in the “Schedule of assignments and classes” below. I strongly recommend that you participate in class discussions. Why? For one thing, active participation can help your grade. But, it can do a lot more. Participating by talking—and listening—can definitely help you understand concepts and their application. Students often tell me, “I understand this stuff, I just can’t put it into words.” One of my best law professors told us, “If you can’t put what you understand into good sixth-grade English, then you don’t understand what you think you understand.” Active participation makes class time go faster and more enjoyably. Finally, participating in class doesn’t just help you; it enriches the whole class (and me too). It’s no exaggeration when I say the success of the class depends on your participation.


Grades

Grades start with what I call your presumptive grade (a straight percent of your total points on the quizzes, exams, and paper). The presumptive grades are:

A = 95-100%; A- = 90-94%

B+ = 87-89%; B = 83-86%; B- = 80-82%

C+ = 77-79; C = 73-76%; C- = 70-72%

D+ = 67-69; D = 60-66%

F = less than 60%

If your presumptive grade is near a borderline, I may raise it to the next highest grade under one or more of the following conditions: your exam scores improve, you screw up on one of the exams (except for Exam 5), you attend class regularly, information provided by A. Odubote to me about your work, and you have participated in class discussions. Please be aware that it’s rare to move from A- to an A; a little less rare to move from B+ to A- and then it gets progressively easier as you move down the grading scale.

Schedule of Assignments and Classes

September 7. Getting Started, Samaha Chapter 1

September 9. Constitutional limits. Samaha, Chapter 2. ( Lawrence v. Texas).

September 14. Voluntary act requirement. Samaha Chapter 3 to page 67. (King v. Cogdon, Exploring Voluntary Acts Further, 1-6).

September 16. Omissions as criminal acts. Samaha Chapter 3, 67-77. (State v. Kuntz Exploring Omissions Further, 1. “Did the bystanders have a legal duty?).

September 21. Possession as a criminal act. Samaha Chapter 3, 77 to end. (Porter v. State. Exploring Omissions Further, 1-3).

September 23. Exam 1. Samaha, Chapter 1-3, all text, and cases and Exploring Further items in parentheses we’ve discussed in class.

September 28. Criminal intent. Samaha, Chapter 4, 87-94. (State v. Stark, Commonwealth v. Barnette).

September 30. Knowledge, recklessness, and negligence. Samaha Chapter 4, 94-100. (State v. Barnes, Koppersmith v. State).

October 5. Strict liability. Samaha Chapter 4, 100-104). (State v. Loge)

October 7. Legal and Factual causation. Samaha Chapter 4, 104 to end. (People v. Armitage, Exploring Causation Further, 1-2).

October 12. Exam 2. Samaha, Chapter 4, all text, and cases and Exploring Further… items in parentheses we’ve discussed in class.

October 14. Parties to Crime. Samaha, Chapter 5, to page 128 (State v. Ulvinen, State v. Chism).

October 19. Vicarious liability. Samaha, Chapter 5, 129 to end (State v. Beaudry. State v. Akers).

October 21. Uncompleted crimes. Intent and act. Samaha, Chapter 6 to page 162. (State v. Coulverson, Exploring attempt mens rea further, 1-4. State v. Nesbitt)

October 26. Uncompleted crimes. Impossibility and abandonment. Samaha, Chapter 6, 162 to end) (State v. Damms, LeBarron v. State, Exploring voluntary abandonment further).

October 28. Exam 3. Samaha, Chapters 5 and 6, all text, and cases and Exploring Further… items in parentheses we’ve discussed in class.

November 2. Defenses of justification. Self-defense, Chapter 7 to page 214. (People v. Goetz, State v. Stewart, State v. Cramer).

November 4. Defenses of justification. Retreat, Defense of Others, and Defense of home. Samaha, Chapter 7, 214-223. ( U.S. v. Peterson, Exploring Retreat Further, Law v. State).

November 9. Defenses of justification. Choice of Evils. Samaha, Chapter 7, 223-227. (State v. Ownbey, Exploring… items 1, 2).

November 11. Defenses of justification. Consent. Samaha, Chapter 7. 227 to end. (State v. Shelley, Exploring… items 1-3).

November 16. Defenses of Excuse. Insanity. Samaha, Chapter 8 to 252. (State v. Quinet).

November 18. Defenses of Excuse. Group presentations, State v. Quinet

November 23. Exam 4. Samaha, Chapters 7 and 8 (up to page 252), all text, and cases and notes in parentheses we’ve discussed in class).

November 25. HAPPY THANKSGIVING

November 30. Defenses of Excuse. Age, Entrapment, Syndromes. Samaha, Chapter 8, 262 to end. (State v. K.R.L., Oliver v. State, State v. DePasquale, State v. Phipps).

December 2. Criminal homicide. Murder. Samaha, Chapter 9 to 314. (State v. Snowden; People v. Thomas, State v. Stewart).

December 7. Criminal Homicide. Manslaughter. Samaha Chapter 9, 314 to end (Commonwealth v. Schnopps; State v. Mays; People v. Datema).

December 9. Criminal sexual conduct. Samaha Chapter 10. (Commonwealth v. Berkowitz; State in the interest of M.T.S.).

December 14. Finishing up

December 20. Monday, 8-10. Exam 5. (Samaha Chapters 9 and 10, all text, and cases and notes in parentheses we’ve discussed in class).

Course Requirements

Required Text. Samaha, Criminal Law, 8 th edition. Since there are major changes from edition to edition, you’ll need the 8 th edition, earlier ones won’t work.

Assignments. Complete all reading assignments before class. Quizzes, class discussions, and exams are based on them. There aren’t a lot of pages to read for every class, but you’re expected to know their content thoroughly. A casual acquaintance won’t help you much.

5 Exams (600 points, 80% of your final grade). Exams 1-4 are worth 100 points each; Exam 5 is worth 200 points. The exams cover: (1) anything discussed in class, whether assigned or not (about 80 percent); (2) assigned readings not discussed in class (about 20 percent). Exams are not cumulative.

Make-up exams. You have to take exams at the scheduled time, unless you give us written proof of illness, death in the family, observance of religious holidays, participation in athletic events or other official University functions. Please submit proof to A. Odubote. The time of make-up exams 1-4 is at the total discretion of A. Odubote. The makeup for Exam 5 is scheduled by the Sociology Department. Contact Sociology for details, we don’t have them. There are no exceptions to these rules.

Quizzes (20% of your final grade). There will be frequent unannounced quizzes during the semester. The quizzes cover the content of the cases that appear in parentheses in the schedule of classes and assignments. You can use your notes but not your books to answer the quiz questions. We’ll throw out your lowest quiz score. There are no make-up quizzes. If you have a documented excused absence, we’ll reduce your total possible quiz points accordingly.

Discussion. Prepare to discuss (and take an unannounced quiz on) the cases and other stuff in parentheses in the “Schedule of assignments and classes” below. I strongly recommend that you participate in class discussions. Why? For one thing, active participation can help your grade. But, it can do a lot more. Participating by talking—and listening—can definitely help you understand concepts and their application. Students often tell me, “I understand this stuff, I just can’t put it into words.” One of my best law professors told us, “If you can’t put what you understand into good sixth-grade English, then you don’t understand what you think you understand.” Active participation makes class time go faster and more enjoyably. Finally, participating in class doesn’t just help you; it enriches the whole class (and me too). It’s no exaggeration when I say the success of the class depends on your participation.


Grades

Grades start with what I call your presumptive grade (a straight percent of your total points on the quizzes, exams, and paper). The presumptive grades are:

A = 95-100%; A- = 90-94%

B+ = 87-89%; B = 83-86%; B- = 80-82%

C+ = 77-79; C = 73-76%; C- = 70-72%

D+ = 67-69; D = 60-66%

F = less than 60%

If your presumptive grade is near a borderline, I may raise it to the next highest grade under one or more of the following conditions: your exam scores improve, you screw up on one of the exams (except for Exam 5), you attend class regularly, information provided by A. Odubote to me about your work, and you have participated in class discussions. Please be aware that it’s rare to move from A- to an A; a little less rare to move from B+ to A- and then it gets progressively easier as you move down the grading scale.

Schedule of Assignments and Classes

September 7 . Getting Started, Samaha Chapter 1

September 9 . Constitutional limits. Samaha, Chapter 2. ( Lawrence v. Texas).

September 14 . Voluntary act requirement. Samaha Chapter 3 to page 67. (King v. Cogdon, Exploring Voluntary Acts Further, 1-6).

September 16 . Omissions as criminal acts. Samaha Chapter 3, 67-77. (State v. Kuntz Exploring Omissions Further, 1. “Did the bystanders have a legal duty?).

September 21 . Possession as a criminal act. Samaha Chapter 3, 77 to end. (Porter v. State. Exploring Omissions Further, 1-3).

September 23 . Exam 1. Samaha, Chapter 1-3, all text, and cases and Exploring Further items in parentheses we’ve discussed in class.

September 28 . Criminal intent. Samaha, Chapter 4, 87-94. (State v. Stark, Commonwealth v. Barnette).

September 30 . Knowledge, recklessness, and negligence. Samaha Chapter 4, 94-100. (State v. Barnes, Koppersmith v. State).

October 5 . Strict liability. Samaha Chapter 4, 100-104). (State v. Loge)

October 7 . Legal and Factual causation. Samaha Chapter 4, 104 to end. (People v. Armitage, Exploring Causation Further, 1-2).

October 12 . Exam 2. Samaha, Chapter 4, all text, and cases and Exploring Further… items in parentheses we’ve discussed in class.

October 14 . Parties to Crime. Samaha, Chapter 5, to page 128 (State v. Ulvinen, State v. Chism).

October 19 . Vicarious liability. Samaha, Chapter 5, 129 to end (State v. Beaudry, Nolan v. Iowa City. State v. Akers).

October 21 . Uncompleted crimes. Intent and act. Samaha, Chapter 6 to page 162. (State v. Coulverson, Exploring attempt mens rea further, 1-4. State v. Nesbitt)

October 26 . Uncompleted crimes. Impossibility and abandonment. Samaha, Chapter 6, 162 to end) (State v. Damms, LeBarron v. State, Exploring voluntary abandonment further).

October 28 . Exam 3. Samaha, Chapters 5 and 6, all text, and cases and Exploring Further… items in parentheses we’ve discussed in class.

November 2 . Defenses of justification. Self-defense, Chapter 7 to page 214. (People v. Goetz, State v. Stewart, State v. Cramer).

November 4 . Defenses of justification. Retreat, Defense of Others, and Defense of home. Samaha, Chapter 7, 214-223. ( U.S. v. Peterson, Exploring Retreat Further, Law v. State).

November 9 . Defenses of justification. Choice of Evils. Samaha, Chapter 7, 223-227. (State v. Ownbey, Exploring… items 1, 2).

November 11 . Defenses of justification. Consent. Samaha, Chapter 7. 227 to end. (State v. Shelley, Exploring… items 1-3).

November 16 . Defenses of Excuse. Insanity, Age, Duress. Samaha, Chapter 8 to 261. (State v. Quinet, State v. K.R.L.).

November 18 . Defenses of Excuse. Entrapment, Syndromes. Samaha, Chapter 8, 262 to end. (Oliver v. State, State v. DePasquale, State v. Phipps)

November 23 . Exam 4. Samaha, Chapters 7 and 8, all text, and cases and notes in parentheses we’ve discussed in class).

November 25 . HAPPY THANKSGIVING

November 30 . Criminal homicide. First degree murder. Samaha, Chapter 9 to 301. (State v. Snowden, Exploring 1 st degree murder actus reusfurther, items 1, 2)

December 2 . Criminal homicide. Second degree murder, Felony Murder. Samaha, Chapter 9, 302-314. (People v. Thomas, State v. Stewart).

December 7 . Criminal Homicide. Manslaughter. Samaha Chapter 9, 314 to end (Commonwealth v. Schnopps; State v. Mays; People v. Datema).

December 9 . Criminal sexual conduct. Samaha Chapter 10. (Commonwealth v. Berkowitz; State in the interest of M.T.S.).

December 14 . Finishing up

December 20 . Monday, 8-10. Exam 5. (Samaha Chapters 9 and 10, all text, and cases and notes in parentheses we’ve discussed in class).