CRIMINAL LAW

SECTION 1 - COLQUITT

FALL, 2002

Course Syllabus - Part Four

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.

OBJECTIVES: 1) To define, examine and distinguish particular mental states; 2) To align particular mental states with the proper elements of crimes; 3) To distinguish crimes not requiring a mens rea element; 4) To identify, define, analyze and critique strict liability crimes; 5) To continue the study of the concept of blameworthiness; 6) To note, evaluate and critique the mistake-of-fact concept; 7) To study the effect of lack-of-capacity on the mens rea requirement.

"THOUGHT STIMULATOR":

"Accountability plays an important role in criminal law. Morality plays an equally important role. If moral culpability is lacking, the actor should not be punished; notions of accountability cannot override this premise. This holds true no matter how repulsive the act or the actor. It is the responsibility and function of criminal law to fashion punishment so as not to exceed an individual's criminal culpability." David S. Rutkowski, A Coercion Defense for the Street Gang Criminal: Plugging the Moral Gap in Existing Law, 10 NOTRE DAME J. OF LAW, ETHICS & PUBLIC POL. 137, 226 (1996).

SESSION 10 - The Criminal Mind - Mens Rea

T 114-124
MODEL PENAL CODE § 2.02 - T A-19 - A-21
MODEL PENAL CODE § 2.05 - T A-22
ALA. CODE § 13A-2-4(a)-(b)

This reading assignment includes the following principal case:

Regina v. Faulkner - T 114-116

SESSION 11 - The Criminal Mind - Mens Rea (cont'd)

T 124-137

This reading assignment includes the following principal case:

Morissette v. United States - T 124-130

SESSION 12 - The Criminal Mind - Mens Rea (cont'd)

T 137-145

SESSION 13 - The Criminal Mind - Mens Rea (cont'd)

T 145-149

SESSION 14 - The Criminal Mind - Ignorance / Mistake

"THOUGHT STIMULATOR":

"It has been thought that to shoot at a block of wood thinking it to be a man is not an attempt to murder, and that to put a hand in an empty pocket, intending to pick it, is not an attempt to commit larceny, although on the latter question there is a difference of opinion." OLIVER WENDELL HOLMES, THE COMMON LAW (1881).

T 149-159
MODEL PENAL CODE § 2.04 - T A-21 - A-22
MODEL PENAL CODE § 213.6(1) - T A-68
ALA. CODE § 13A-2-6
McQuirk v. State

This reading assignment includes the following principal case:

State v. Fox - T 149-153

SESSION 15 - The Criminal Mind - Mistakes of Non-Criminal Law

"THOUGHT STIMULATOR":

"Ignorance of the law is no excuse for breaking it. . . . [E]veryone must feel that ignorance of the law could never be admitted as an excuse, even if the fact could be proved by sight and hearing in every case. . . . Public policy sacrifices the individual to the public good. . . . [T]o admit the excuse at all would be to encourage ignorance . . . ."" OLIVER WENDELL HOLMES, THE COMMON LAW (1881).

T 159-163
MODEL PENAL CODE § 2.04 - T A-21 - A-22 (review)
MODEL PENAL CODE § 3.09 - T A-35
ALA. CODE § 13A-2-6(b)-(d) (review)

SESSION 16 - The Criminal Mind - Mistakes of Non-Criminal Law (cont'd)

T 163-168

This reading assignment includes the following principal case:

State v. Woods - T 163-164

SESSION 17 - The Criminal Mind - Negligence

T 168-181

This reading assignment includes the following principal case:

Director of Public Prosecutions v. Smith - T 168-173

SESSION 18 - The Criminal Mind - Intoxication

T 181-193

This reading assignment includes the following principal case:

Director of Public Prosecutions v. Majewski - T 181-187

SESSION 19 - The Criminal Mind - Strict Liability

T 193-205

This reading assignment includes the following principal case:

United States v. Freed - T 193-196

END OF PART FOUR

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