Criminal Law Syllabus - Part Eleven

CRIMINAL LAW

SECTION 1 - COLQUITT

FALL, 2002

Course Syllabus - Part Eleven

ASSIGNMENTS: This syllabus informs you of the topics we will cover during the semester as well as provides you with your reading assignments. You should be able to access the syllabus either by personal computer or through the Law Library’s computer lab.

Normally, all assignments for this course will be contained in the course syllabus. If any new cases or materials are added, this information will be provided during class and by postings on the website.

All assignments in this handout and in the syllabus refer either to our casebook or to the required materials contained on-line at the course website. For example, T 1-20 is a reference to pages 1 through 20 of the required casebook, BONNIE, COUGHLIN, JEFFRIES & LOW, CRIMINAL LAW (1997). Similarly, T A-11 refers to page 11 of Appendix A of the casebook.

As part of your participation in this course, you should read every assignment before class. Simply look under any “Session” and you will see listed the reading assignment(s) for that session of class. We probably will proceed through the course in the order established by the syllabus. Any changes will be posted on the website and announced in class.

BACKGROUND READING: Background reading assignments usually will not be discussed in class. They are, however, important to your understanding of the material that will be discussed. If time permits, we may cover any difficult subjects contained in the background materials.

OBJECTIVES: At the beginning of each major topic area, this syllabus states certain objectives. The objectives are for illustration only. Certainly, they are not all-inclusive. You should add appropriate objectives as you study the materials for this course.

LINKS: Underlined listings in blue font are "links." Simply "click" on any link with your left mouse button and the listed material will appear on your computer screen. You then have three options: Read the material on-line, save it to disk, or print it.

MENTAL DISEASE OR DEFECT

OBJECTIVES: 1) To acquaint ourselves with the defense of insanity; 2) To identify, define, analyze, compare and distinguish various versions of the defense of insanity; 3) To review existing objections to the insanity defense; 4) To study and discuss possible alternatives to the defense.

"THOUGHT STIMULATORS":

"You may well come to the view that neither lawyers nor doctors offer much help in answering the question of why there should be a defense of insanity--and if you have, you are right. They do not have much to give." Norval Morris, National Institute of Justice, Crime File Study Guide, Insanity Defense 1 (NCJ 97226, undated).

"It should not be assumed that shifting the burden [of proof] one way or the other significantly alters the outcomes of trials involving the insanity defense. The defense itself is rare, its success rate spotty." DANIEL N. ROBINSON, WILD BEASTS AND IDLE HUMORS 189(1988).

SESSION 49 - Insanity

T 445-456
MODEL PENAL CODE зз 4.01-4.03 - T A-36 - A-37
ALA. CODE з 13A-3-1

SESSION 50 - Insanity (cont'd)

T 477-502
Jury Instruction - Parsons v. State - Insanity

SESSION 51 - Insanity (cont'd)

Review previously assigned materials - Insanity

SESSION 52 - Insanity and Intoxication

T 502-514
MODEL PENAL CODE з 2.08 - T A-25
ALA. CODE з 13A-3-2
United States v. Knott
Lister v. State

The text assignment includes the following principal case:

People v. Kelley - T 502-506