Criminal Law

Sociology 4161_02

Fall 2004

J. Samaha/B. Thompson

Exam 12 Scores

Please write down the URL for the online version of the syllabus. It’s the only hardcopy of the syllabus you’ll get. http://www.soc.umn.edu/~samaha/courses/4161_04fall/04_02_syllabus.htm

Course Requirements

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

Assignments. Complete all reading assignments before class. 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.

13 Exams (50 x 12 = 600 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. You’re lowest exam score among Exams 1-12 will be thrown out. Exams are given at the end of each class. Part A covers the text; it's closed book and you can't use your notes. Part B covers the cases in parentheses; you can use your notes but not your books for Part B.

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 Brandon. The time of make-up exams 1-12 is at the total discretion of Brandon. The makeup for Exam 13 is scheduled by the Sociology Department. Contact Sociology for details, we don’t have them. There are no exceptions to these rules.

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 attend class regularly, information provided by Brandon 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 13. Getting Started, Samaha Chapter 1

September 20. Criminal Act. Chapter 3 to page 67. (King v. Cogdon, Exploring Voluntary Acts Further, 1-6, Powell v. Texas). Exam 1.

September 27. Criminal Act. Omission and Possession. Samaha Chapter 3, 67 to end. (State v. Kuntz, “Did the bystanders have a legal duty? Exploring Omissions Further, Porter v. State, Exploring Possession Further, 1-4). Exam 2

October 4. Criminal intent. Samaha, Chapter 4, 87-100. (State v. Stark, Commonwealth v. Barnette, State v. Barnes, Koppersmith v. State). Exam 3.

October 11. Strict liability; Causation. Samaha Chapter 4, 100 to end. (State v. Loge, People v. Armitage, Exploring Causation Further, 1-2). Exam 4.

October 18 . Parties to Crime; vicarious liability. Samaha, Chapter 5. (State v. Ulvinen, State v. Chism, State v. Beaudry). Exam 5.

October 25 . Uncompleted crimes. Samaha, Chapter 6. (State v. Nesbitt, State v. Damms, LeBarron v. State, Exploring voluntary abandonment further). Exam 6.

November 1. Defenses of justification. Self-defense, Chapter 7 to page 214. (People v. Goetz, State v. Stewart, State v. Cramer). Exam 7.

November 8. 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, Exploring Defense of Home and Property Further). Exam 8.

November 15. Defenses of justification. Choice of Evils, Consent. Samaha, Chapter 7, 223 to end. (State v. Ownbey, Exploring Choice of Evils Further, items 1-2, State v. Shelley, Exploring Consent Further, items 1-3). Exam 9.

November 22. Defenses of Excuse. Samaha, Chapter 8. (State v. K.R.L., Oliver v. State, State v. DePasquale, State v. Phipps). Exam 10.

November 29. Criminal homicide. First and second degree murder. Samaha, Chapter 9 to 304. (State v. Snowden, Exploring 1 st degree murder actus reusfurther, items 1-2, People v. Thomas). Exam 11.

December 6. Criminal Homicide. Felony Murder, Manslaughter. Samaha, Chapter 9, 304 to end. (State v. Stewart, Commonwealth v. Schnopps; State v. Mays; People v. Datema). Exam 12.

December 13. Criminal sexual conduct. Samaha Chapter 10. (Commonwealth v. Berkowitz; State in the interest of M.T.S.). Exam 13.