Criminal Law Prof. Philip Meyer Syllabus Fall Criminal Law (Seventh Edition), Joshua Dressler (ISBN: )
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1 Criminal Law Prof. Philip Meyer Syllabus Fall 2018 Texts: Criminal Law (Seventh Edition), Joshua Dressler (ISBN: ) Understanding Criminal Law (Seventh Edition), Joshua Dressler (ISBN: ) Professor s Statement This syllabus provides a tentative schedule for your information and planning purposes. Coverage of many subjects may require classes in addition to those specified in this syllabus. I plan to use film fragments as visual hypotheticals and supplements to the cases and materials in Dressler s casebook. Also, I recommended strongly that you read the Notes and Questions that follow the assigned cases in Dressler s casebook; I will base class discussion upon these questions and materials. I hope you will share my enthusiasm for our exploration and survey of substantive criminal law. In style and substance it will be a course somewhat different from many you have had at VLS. I hope it will be an adventure for you; that, in addition to learning doctrinal criminal law, this course will engage your imagination and provide opportunities for creativity and critical thoughtfulness. Professor Philip Meyer 1
2 ASSIGNMENT # SUBJECT(S) ASSIGNMENT 1&2 Course Introduction Understanding Criminal Law, Pp. 1 9 and Proof of Guilt Pp Jury Nullification Casebook, Pp Owens v. State (Casebook, Pp.14 17) Note 1 (Casebook, P.17) State v. Ragland (Casebook, Pp ) Principles of Punishment Queen v. Dudley and Stephens (Casebook, Pp ) Understanding Criminal Law, Pp , People v. Superior Court (Casebook, Pp ) People v. Du (Casebook, Pp.58 60) 3&4 ACTUS REUS Voluntary Acts Model Penal Code, Section 2.01 (Casebook, P ) State v. Utter (Casebook, Pp ) Note 6 (Casebook, P.141) Understanding Criminal Law, Pp Omissions People v. Beardsley (Casebook, Pp ) Notes (Casebook, Pp ) Understanding Criminal Law, Pp Barber v. Superior Court (Casebook, Pp ) Notes 2 and 3 (Casebook, P. 154) 2
3 Social Harm Casebook, Pp Understanding Criminal Law, Pp MENS REA Cordoba Hincapie (Casebook Pp ) Intent Regina v. Cunningham (Casebook Pp ) Model Penal Code, Section 2.02 (Casebook Pp ) People v. Conley (Casebook, Pp ) Understanding Criminal Law, Pp Knowledge, Recklessness, Model Penal Code, Section 2.02 And Negligence (Casebook, Pp ) State v. Nations (Casebook, Pp ) Understanding Criminal Law, Pp MENS REA (continued) 7 MENS REA (continued) Strict Liability Model Penal Code, Section 2.05 (Casebook, Pp ) Morissette v. United States (Casebook, Pp ) Staples v. US (Casebook, Pp ) Garnett v. State (Casebook, Pp ) Understanding Criminal Law, Pp Mistake of Fact Model Penal Code, Section 2.04 (Casebook, P. 1022) People v. Navarro (Casebook, Pp ) Navarro Notes 3, 4, and 5 (Pp ) 3
4 Understanding Criminal Law, Pp Model Penal Code, Section 2.04 (Casebook, P. 1022) People v. Marrero (Casebook, Pp ) Note 1,2 (Casebook, Pp ) Understanding Criminal Law, Pp Mistake of Law Cheek v. United States (continued) (Casebook, Pp ) Note 1 (P. 226) Causation Velazquez v. State (Casebook, Pp ) Understanding Criminal Law, Pp Cause in Fact Oxendine v. State, Notes 1, 2 (Casebook, Pp ) Understanding Criminal Law, Pp Proximate Cause People v. Rideout (Casebook, Pp ) Understanding Criminal Law, Pp Velazquez v. State, (Casebook, Pp ) Concurrence State v. Rose, Note 1 (Casebook, Pp ) Understanding Criminal Law, Pp HOMICIDE Introduction Model Penal Code, Sections (Casebook, Pp ) Overview (Casebook, Pp ) The Human Being People v. Eulo (Casebook, Pp ) State v. Guthrie (Casebook, Pp ) 4
5 First Degree and Midgett v. State (Casebook, Pp ) Second Degree Murder State v. Forrest (Casebook, Pp ) Understanding Criminal Law, Pp Manslaughter Girouard v. State (Casebook, Pp ) Director of Public Prosecutions v. Camplins (Casebook, Pp ) Notes 4, 5 (Casebook, Pp ) Understanding Criminal Law, Pp Unintentional Killings People v. Moore & People v. Knoller (Casebook, Pp ) State v. Williams (Casebook, Pp ) Notes 7, 9 (Casebook, Pp ) 12 Homicide (continued) The Felony Murder Rule People v. Fuller (Casebook, Pp ) Roth & Sundby, The Felony Murder Rule (Casebook, Pp ) Crump & Crump, In Defense of the Felony Murder Doctrine (Casebook, Pp ) Understanding Criminal Law, Pp The Inherently People v. Howard (Casebook, Pp ) Dangerous Felon Limitation 13 The Felony Murder Rule Notes 4, 5, and 6 (Casebook, P. 352) (continued) 2.The Merger Doctrine People v. Smith (Casebook, Pp ) 3.Killings in Furtherance of State v. Sophophone (Casebook, Pp ) A Felony 5
6 Brain Teaser (3) Casebook, Pp RAPE Introduction Model Penal Code, Section (Casebook, P. 1063) Overview (Casebook, Pp ) Actus Reus Rusk v. State, State v. Rusk (Casebook, Pp ) State v. Alston (Casebook, Pp ) Note 5 No (or the absence of Yes ) as force? (Casebook, Pp ) In the Interest of M.T.S. (Casebook, Pp ) Understanding Criminal Law, Pp RAPE (continued) Mens Rea Commonwealth v. Lopez (Casebook, Pp ) Rape Shield Laws State v. Herndon (Casebook, Pp ) People v. Wilhelm (Casebook, Pp ) Notes 1 3 (Casebook, Pp ) Understanding Criminal Law, Pp THEFT & Larceny Model Penal Code, Sections (Casebook, Pp ) Lee v. State (Casebook, Pp ) Actus Reus: Taking and Carrying Lund v. Commonwealth Away Property (Casebook, Pp ) 6
7 People v. Brown (Casebook, Pp ) Mens Rea: People v. Davis (Casebook, Pp ) The Intent to Steal Property Embezzlement Rex v. Bazeley (Casebook, Pp ) Theft by False Pretenses People v. Ingram (Casebook, Pp ) People v. Whight (Casebook, Pp ) Understanding Criminal Law, Pp ATTEMPTS Introduction Model Penal Code, Sections 5.01, 5.05 (Casebook, Pp , ) The Mental State Requirement People v. Gentry (Casebook, Pp ) United States v. Mandujano, Pp Distinguishing Preparation from Commonwealth v. Peaslee Perpetration (Casebook, Pp ) People v. Rizzo (Casebook, Pp ) State v. Reeves (Casebook, Pp ) Understanding Criminal Law (Pp , , ) 19 ACCOMPLICE LIABILITY State v. Ward (Casebook, Pp ) An Introduction to Accomplice State v. Hoselton (Casebook, Pp ) Liability State v. V.T. (Casebook, Pp ) People v. Genoa (Casebook, Pp ) Understanding Criminal Law, Pp
8 20 SELF DEFENSE Introduction Model Penal Code 3.04 (Casebook, Pp ) United States v. Peterson (Casebook, Pp ) Understanding Criminal Law, Pp The Reasonable Belief Requirement People v. Goetz (Casebook, Pp ) Notes (Casebook, Pp ) Objective and Subjective Standards State v. Wanrow (Casebook, Pp ) Understanding Criminal Law, Pp SELF DEFENSE (continued) Defense of Others Model Penal Code, Section 3.05 (Casebook, Pp ) People v. Kurr (Casebook, Pp ) Understanding Criminal Law, Pp The Battered Wife Syndrome State v. Norman (North Carolina Court of Appeals Opinion) (Casebook, Pp ) State v. Norman (North Carolina Supreme Court Opinion) (Casebook, Pp ) Notes (Casebook, Pp ) Understanding Criminal Law, Pp INTOXICATION Model Penal Code, Section 2.08 Voluntary Intoxication (Casebook, P ) 8
9 United States v. Veach (Casebook, Pp ) Involuntary Intoxication Note 6 (Casebook, Pp ) Understanding Criminal Law, Pp NECESSITY and DURESS Introduction Model Penal Code, Section 2.09, (Casebook, P. 1027, ) Nelson v. State (Casebook, Pp ) General Principals United States v. Contento Pachon (Casebook, Pp ) People v. Unger (Casebook, Pp ) Understanding Criminal Law, Pp INSANITY Model Penal Code, Section (Casebook, Pp ) Casebook, Pp United States v. Freeman (Casebook, Pp ) State v. Johnson (Casebook, Pp ) Understanding Criminal Law, Pp Appreciating the Wrongfulness State v. Wilson (Casebook, Pp ) Of One s Actions Diminished Capacity Clark v. Arizona (Casebook, Pp ) Understanding Criminal Law, Pp
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