CRIMINAL LAW

SECTION 1 - COLQUITT

FALL, 2002

Course Syllabus - Part Five


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.


ATTEMPTS

OBJECTIVES: 1) To seek to explain why attempts are punished as separate crimes; 2) To analyze why attempts are punished less severely than are completed crimes; 3) To identify and study the mens rea and actus reus elements of attempts; 4) To distinguish preparation from attempts.

"THOUGHT STIMULATOR":

"The law only deals with conduct. An attempt is an overt act." OLIVER WENDELL HOLMES, THE COMMON LAW (1881).

SESSION 20 - Attempt - The Required Conduct

T 216-232
MODEL PENAL CODE §§ 5.01 - T A-41 - A-43
MODEL PENAL CODE §§ 5.05 - T A-44 - A-45
MODEL PENAL CODE §§ 222.1 - T A-71 - A-72
ALA. CODE § 13A-4-2

The text assignment includes the following principal case:

United States v. Brown & Rouse - T 220-225

OPTIONAL READING:

ALA. CODE § 13A-8-43
ALA. CODE § 13A-8-40(b)
Ex parte James

SESSION 21 - Attempt - Mens Rea

T 236-248

The text assignment includes the following principal case:

People v. Thomas - T 236-241

SESSION 22 - Attempt - Mens Rea (cont'd)

Review previous assignment on Attempt - Mens Rea

SESSION 23 - Attempt - Impossibility

T 248-262

The text assignment includes the following principal case:

People v. Dlugash - T 248-253

SESSION 24 - Attempt - Abandonment

T 262-267

The text assignment includes the following principal case:

Ross v. Mississippi - T 248-253

END OF PART FIVE


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