CRIMINAL LAW

SECTION 1 - COLQUITT

FALL, 2002

Course Syllabus - Part Two


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.


THE PURPOSES OF PUNISHMENT

OBJECTIVE: To itemize, evaluate, and critique punishment rationales, goals, methods and results.

"THOUGHT STIMULATORS":

"[E]very act of authority of one man over another, for which there is not an absolute necessity, is tyrannical. It is upon this then that the sovereign's right to punish crimes is founded; that is, upon the necessity of defending the public liberty, entrusted to his care, from the usurpation of individuals; and punishments are just in proportion, as the liberty, preserved by the sovereign, is sacred and valuable." CESARE BECCARIA, AN ESSAY ON CRIME AND PUNISHMENTS (1819).

"As of June 30, 1999, the Alabama prison system held 24,211 inmates. By race and gender: 14,935 black males, 7,616 white males, 68 "other" males, 935 black females, 724 white females, and 5 "other" females. THE SENTENCING INSTITUTE, QUARTERLY STATUS REPORT (April-June 1999).

BACKGROUND READING: The following materials should be read as an introduction the our study of the law governing punishment. We may not discuss these code sections specifically, but the rules do introduce you to a proposed statutory punishment scheme.

MODEL PENAL CODE §§ 6.01, 6.03, 6.06, 6.08, 6.12 - T A46 - A51
U.S. CODE tit. 18 § 3553
ALA. R. CRIM. P. 26.8 (incl. commentary)
Kyzer v. State

SESSION 1 - The Purposes of Punishment - Retribution

T 1-11

SESSION 2 - The Purposes of Punishment - Deterrence

T 11-30

END OF PART TWO


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