COURSE SYLLABUS. SOCIOLOGY 485B: CRIMINAL LAW AND LEGAL ANALYSIS Professor Bruce Zucker Spring 2017

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1 COURSE SYLLABUS SOCIOLOGY 485B: CRIMINAL LAW AND LEGAL ANALYSIS Professor Bruce Zucker Spring 2017 Office: Sierra Hall 130V Telephone: (818) Class Hours: Tuesday/Thursday 11:00 a.m. to 12:15 p.m., Sierra Hall 225 Ticket Number: Office Hours: Tuesday and Thursday: 12:15 p.m. to 1:45 p.m. Course Description: This course creates a foundation in criminal law and legal procedure as applied to the criminal justice field. Rationales for punishing criminals, elements of crimes, and defense of the accused are covered. In addition, this course examines tensions between various state statutes, the common law, and the Model Penal Code. This course also emphasizes the ability to apply criminal law doctrine in order to make strong legal arguments as well as to engage in analysis of policy which embraces or criticizes current laws. Course Objectives: 1) This course provides a foundation for understanding criminal law and legal procedure in the criminal justice field. 2) This course provides skills in doing applied legal and policy analysis as well as application of legal insights in the context of criminal justice practice. 3) This course develops skill in writing and speaking to express legal argument and the results of applied legal and policy analysis. CJS Department Goals/SLO s that apply to this course In addition, this course is in accordance with these Department of Criminology and Justice Studies Student Learning Outcomes (SLOs): SLO 1A: Students will learn skills to apply core criminology and criminal justice principles to situations related to crime, criminal justice, and related areas of practice. SLO 1B: Students will effectively communicate in writing and speaking in the presentation of ideas and their application to issues and situations related to criminology and criminal justice. 1

2 Required Reading: Matthew Lippman, Contemporary Criminal Law, 4th Ed. 2016, Sage Publications. Thousand Oaks, California. ISBN-13: and ISBN-10: In addition, you must obtain and read Gideon s Trumpet by Anthony Lewis. Course Requirements 1) Two exams (midterm and final) will be required during the semester. Each is worth 25% of the final course grade (50% total). Exams are composed of multiple choice and essay questions which require students to analyze factual situations, identify issues and the relevant rules of law, and apply the law to these factual situations. 2

3 2) Term paper: Each student must research, draft, and submit a 12 to 15 page term paper which includes both library research and theory application. The paper will be based on a crime topic chosen by the student and approved by the professor. It must have current relevance and significance. Details on the methodology and process for researching and preparing the paper will be distributed during the fifth week of the semester. The term paper will comprise 35% t of the final course grade. It is due no later than May 11, 2017 at the beginning of class. 3) Participation and attendance. 15% of the final course grade is based upon class attendance, professionalism, and preparedness for class. The instructor will use the Modified Socratic Method to facilitate class learning and discussion which will involve the instructor calling on students randomly to argue points and answer questions. In addition, if the student misses more than four class sessions, the final grade in the course will be reduced one level. For example, if the student s total points equate to a C for the semester (including the 15 percent component for participation/attendance), it will be reduced to a C- if more than four class sessions are missed. If more than 50 percent of the total class sessions are missed, a final grade of F in the course will result. Grading Breakdown % = A 90-92%=A %=B %=B 80-82%=B %=C %=C 70-72%=C %=D %=D 60-62%=D- Below 60%=F Outline of Course Topics I. Introduction A. Nature of Criminal Law B. Categories of Crimes: Felonies, Misdemeanors, and Infractions C. Purpose and Principles of Criminal Law D. Sources of Criminal Law 1. Common Law 2. State and Federal Statutes; Case Law 3. Model Penal Code 3

4 II. III. IV. Constitutional Limits A. Rule of Lenity B. Bill of Attainder and Ex Post Facto C. Plain Meaning Rule D. Equal Projection and Due Process E. Freedom of Speech F. Right to Privacy Punishment and Sentencing A. Purposes of Punishment B. Sentencing 1. U.S. Sentencing Guidelines 2. Diversion 3. County Jail vs. Prison 4. Probation and Parole 5. Cruel and Unusual Punishment Actus Reus A. Criminal Act B. Status Crimes C. Failing to Act D. Possession V. Mens Rea A. Defined B. Purpose C. Intent, Knowledge, Reckless, Negligence, Strict Liability D. Causation VI. Parties to Crime A. Defined B. Accomplice Liability C. Accessories D. Vicarious Liability VII. Justification and Excuse: Defenses to Criminal Acts A. Justification 1. Mitigation 2. Self-Defense 3. Defense of Others 4. Necessity 5. Consent B. Excuse 1. Insanity Defense 2. Diminished Capacity 4

5 3. Intoxication 4. Age 5. Duress 6. Mistake of Law and Mistake of Fact 7. Entrapment 8. Cultural VIII. IX. Homicide A. Types B. Actus Reus C. Life Defined D. Murder: First and Second Degree E. Manslaughter: Voluntary and Involuntary Sex Crimes A. Rape B. Child Molestation C. Residency Restrictions D. Sexually Violent Predators and Civil Commitment E. GPS Monitoring X. Selected Crimes: A. Burglary B. Trespass C. Larceny D. Theft E. Robbery F. Carjacking XI. White Collar Crime A. Environmental Crimes B. Securities Fraud C. Mail and Wire Fraud D. Health Care Fraud E. Money Laundering F. Embezzlement G. Public Corruption H. Corporate Accountability 5

6 Reading List Week Assignment 1 Nature of Criminal Law Pages 1-12 Questions 1-13, p Constitutional Limits Pages Questions 1-9, p Punishment and Sentencing Pages Questions 1-16, pp Actus Reus and Mens Rea Pages Questions 1-5, p. 99 Questions 1-17, p Parties to the Criminal Justice System Pages Questions Justification and Excuse Pages Questions MT Exam: March 16, 2017 None 8 & 9 Homicide Pages Questions & 11 Sex Crimes Pages Questions Selected Crimes Pages ; Questions: None White Collar Crime Pages Questions 1-14 In Class Movie -- Enron: The Smartest Guys in the Room 15 Reserved None Final Exam: May 16,