Administrative-Master Syllabus form approved June/2006 revised Page 1 of 1

Transcription

1 revised Page 1 of 1

2 Administrative - Master Syllabus I. Topical Outline Each offering of this course must include the following topics (be sure to include information regarding lab, practicum, clinical or other non lecture instruction): revised Page 2 of 2

3 Week One: Separation of Powers Structure of the Court System Duties and Powers of the Judicial Branch Comparing Civil and Criminal Law. Week Two: Introduction to Criminal Law. Distinguishing between criminal law and criminal procedure. Purposes behind punishing violators Sources of Criminal law The common law Statutory law Constitutional Law. Week Two: Introduction to Criminal Law. Distinguishing between criminal law and criminal procedure. Purposes behind punishing violators Sources of Criminal law The common law Statutory law Constitutional Law. Week Three: The Two Essential Elements. Mens Rea Definition under common law Strict liability Proving mens rea Motive distinguished from mens rea Actus Reus Voluntariness requirement Thoughts/statements as 'act?' Personal status as an 'act?' Possession as an act Failure to act as an 'act?' Causation Week Four: Crimes Against the Person - Homicide. Pre-meditated murder Classifying murder by "degrees" Unlawful killing Of a human being by another With malice aforethought With deliberation, specific purpose or premeditation Motive Corpus delicti revised Page 3 of 3

4 Felony-Murder Doctrine Second Degree Murder or "Malice Murder" Manslaughter Voluntary Manslaughter Provocation How long does it take to "cool off?" Provocation by words alone? Involuntary Manslaughter Suicide "Assisted Suicide" and Dr. Kevorkian Week Five: Assault and Related Offenses. Assault fear or apprehension harmful or offensive contact Simple Battery unlawful vs. lawful touching harmful or offensive touching using objects to touch Aggravated Assault or Aggravated Battery Deadly weapons Special victims Domestic Violence Child Abuse Elder Abuse Mayhem Week Six: Kidnapping. Unlawful taking and confinement Asportation, by use of force, threat, fraud or deception Aggravating circumstances in kidnapping Lawful restraint FALSE IMPRISONMENT Lesser-included offenses STALKING The elements of stalking Cyber-Stalking Hate Crimes Week Seven: Rape. Gathering evidence in a rape prosecution Rape under the common law Psychological impact of the sexual assault Rape Shield Statutes Date rape Date Rape Drugs revised Page 4 of 4

5 OTHER SEXUAL OFFENSES Statutory rape Fornication Adultery Cohabitation Week Eight: Sex Crimes, continued. Sodomy Indecent exposure Incest Voyeurism or "Peeping Tom" statutes CHILD MOLESTATION Enticing a minor for immoral purposes Internet enticement of children Week Nine: Crimes Against Public Order, Morality & Prostitution Crimes Against Public Order Riot Disturbing the Peace Terroristic Threats Crimes Against Administration of Justice Perjury Tax Crimes Contempt Crimes Against Environment Clean Water Act Clean Air Act Week Ten: Crimes Against Property/Habitation. Arson Burglary Statutory vs. common law definitions Theft Crimes Larceny Embezzlement Receiving Stolen Property Robbery Extortion Computer Crimes Health Crimes Against Public Morality. Week Eleven: Principals, Accessories and Attempt. PRINCIPALS AND ACCESSORIES Principal in the first degree revised Page 5 of 5

6 Principal in the second degree Accessory before the fact Accessory after the fact Codefendants CONSPIRACY The Elements of a Conspiracy The Agreement Working together to carry out an illegal act The 'Overt Act' Week Twelve: Solicitation. Comparing Solicitation to Conspiracy ATTEMPT: WHEN THE CRIME IS NOT COMPLETED Substantial step Prosecuting a Charge of Attempt Defending a Charge of Attempt Week Thirteen: Rights Associated with the Trial. THE SIXTH AMENDMENT AND THE RIGHT TO ATTORNEY THE SIXTH AMENDMENT AND THE RIGHT TO TRIAL BY JURY The Right to a Public Trial Non-Unanimous Verdicts in Jury Trials OTHER RIGHTS GUARANTEED IN A TRIAL Confrontation Right of Cross-examination Defendant Has the Right to be Present at the Trial Putting the Defendant on Trial in Prison Clothes OTHER RIGHTS: THE PRESUMPTION OF INNOCENCE, ETC. Inferences and Presumptions Prosecutor Cannot Comment on the Defendant's Silence State Must Prove the Defendant is Guilty Beyond a Reasonable Doubt The Right to a Speedy Trial THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT TRIAL Gideon v. Wainwright OTHER RIGHTS: THE RIGHT TO PRESENT EVIDENCE AND WITNESSES Week Fourteen: The Trial. THE LAYOUT OF THE COURTROOM BEGINNING THE TRIAL Voir Dire or Jury Selection Jury Selection Peremptory Challenges revised Page 6 of 6

7 The Batson Case Challenge for Cause Preliminary Instructions to the Jury Jury Sequestration Opening Statements THE CASE-IN-CHIEF Direct Examination Cross-examination Re-direct Examination Resting the State's Case Motion for directed Verdict Defense Case-in-Chief Resting the Defense Case Rebuttal Closing the evidence Charge conference Closing Arguments Jury Instructions Jury Deliberations Mistrial Verdict Week Fifteen: Defenses. Presumption of innocence State's Burden of Proof Guilty, but not proven AFFIRMATIVE DEFENSES The Jury s function Notice requirements The Prosecution's responsibility to rebut Affirmative defense Specific Affirmative Defenses Alibi Self-defense -Use of deadly force -What constitutes deadly force? -Limitations on self defense: No self-defense claim for aggressor The state s burden when self-defense is raised How the jury evaluates the defendant s actions Victim s reputation for violence -Defendants with special abilities: black belts, etc. Mutual Combat revised Page 7 of 7

8 Duress, Necessity, Compulsion and Coercion Other Defenses: Mistake Other Defenses: Age Other Defenses: Entrapment Other Insanity Defenses: Diminished Capacity CONSTITUTIONAL AND STATUTORY DEFENSES Equal protection Due Process Double Jeopardy When Double Jeopardy attaches Double Jeopardy and Cases on Appeal Vagueness & Overbreadth II. Course Learning Outcomes Course Learning Outcome Method of Assessment 1. Exhibit working knowledge of the core legal areas 2. Exhibit the ability to assist with all stages of trial preparation 3. Complete individual assignments designed to test basic legal knowledge 4. Define and properly use terminology relating to criminal law 5. Locate and analyze cases and statutes relating to criminal law 6. Evaluate the role and ethical obligations of the paralegal relating to criminal law 7. Draft documents commonly used in criminal law Exams and Quizzes Drafting Exercises Participation in group projects Exams and Quizzes Exams and Quizzes Research Assignments Exams and Quizzes Drafting Exercises III. Required Text(s), Optional Text(s) and/or Materials to be Supplied by Student. Criminal Law and Procedure, Third Edition, Ronald J. Bacigal, West, ISBN revised Page 8 of 8

9 IV. Suggested Course Maximum - 30 V. List any specific spatial or physical requirements beyond a typical classroom required to teach the course. None VI. Course Requirements/Grading System Describe any course specific requirements such as research papers or reading assignments and the generalized grading format for the course 1. Midterm examination.35% 2. Final examination.35% 3. Assignments... 20% 4. Class Participation.10% VII. Curriculum Checklist - Academic General Education Course (from ACGM but not in WCJC Core) No additional documentation needed - Academic WCJC Core Course Attach the Core Curriculum Checklist, including the following: Basic Intellectual Competencies Perspectives Exemplary Educational Objectives - WECM Courses Attach the following: Program SCANS Matrix Course SCANS Competencies Checklist revised Page 9 of 9