University of Washington School of Law Criminal Law, Law A505 C Professor Hardisty Syllabus and Reading Assignments for Spring Quarter 2012

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1 Revised 3/27/2012 University of Washington School of Law Criminal Law, Law A505 C Syllabus and Reading Assignments for Spring Quarter 2012 Class Schedule Class meets Monday, Tuesday, Wednesday, Thursday, and Friday, 10:30 a.m. 11:20 a.m. It meets in William H. Gates Hall, in Room 119. Casebook The casebook adopted for this course is Sanford H. Kadish, Stephen J. Schulhofer, and Carol S. Steiker, Criminal Law and Its Processes (Eighth Edition 2007). Please bring your casebook to every class. Disability-Related Needs: To request academic accommodations due to a disability, please contact Disability Resources for Students (DRS), 448 Schmitz, (206) (V), (206) (TTY). If you have a letter from DRS, please present the letter to so you and he can discuss the accommodations you might need in this class. Grades The grades for the course are based solely on the final examination. The final examination is closed book and four hours long. Exam4 is required for students using computers on the final examination. Attendance Class attendance is required in accordance with the law school attendance policy. However, for Criminal Law, students are deemed to be present in class for all classes from which they are actually absent due to illness or a medical appointment. Students are also deemed to be present in class on the day following the end of an illness even if they are actually absent. The burden is on the student to notify when an absence is due to illness or a medical appointment. If a student is not in his or her seat before the bell rings, the burden is on the student to notify after class that the student was present in class. Podcasts: Ordinarily classes will not be podcast and will not use a microphone. If a student will be missing a particular class session and requests to consent to the podcasting of that session, and if believes that the student s reason for missing class is a good reason, then will consent to the podcast being made. For a podcast to be made, the student must lawhelp requesting that a podcast be made and must notify of the request so that will know to use a microphone (which is necessary for his voice to be heard on the podcast). Ordinarily student voices cannot be heard on the podcast. This makes the podcast of limited value since Professor Hardisty teaches by discussion rather than by lecture.

2 Page 2 of 6 However, many of the tables that students sit at in Room 119 have table microphones with the word touch on them. If a student wants to talk, the student can touch that word and (if the microphone is working properly) a red light lights up, the microphone is active, and the student s voice can be heard on the podcast (and in the remote learning center but is not magnified in Room 119). If the student touches the word touch again, the red light goes off, the microphone is inactive, and the student s voice can no longer be heard on the podcast or in the remote learning center. Students should turn off their table microphone when they are done speaking or else the background noise from the table microphone will tend to drown out the professor s voice on the podcast. The making of the podcast does not affect the attendance rules. Cell Phones: Cell phones should not be used in the classroom before class, during class, or after class. Guests and Visitors: Neither guests nor visitors are allowed. (Under this rule neither prospective students nor admitted students nor visiting scholars nor children of students nor cousins of students are allowed to attend any classes.) Office Hours: Students are welcome to drop by s office at any time. Students who wish to be sure that will be available to talk with them should make an appointment with him. If his office door is closed, please knock. Contact Information s office is in William H. Gates Hall, Room 414. His telephone number is (206) His address is hardisty@u.washington.edu. Course Description An examination of the basic principles, concepts, and purposes of criminal law. Topics include legality, actus reus, mens rea, strict liability, causation, insanity, intoxication, mistake, justification, excuse, parties, attempt, conspiracy, and homicide. Reading Assignments Session Day, Date Casebook Page(s) 1 Monday, March 26 I. Institutions and Processes A. The Structure of the Criminal Justice System 1-7 B. Criminal Justice Procedures 7-11 C. The Process for Determining Guilt 1. Pleas and Trials Evidence (ending after note 4 on page 19) Burden of Persuasion 29-42

3 Page 3 of 6 2 Tuesday, March 27 II. The Justification for Criminal Law A. Punishment Defined B. Blame and Punishment C. The Purposes of the Criminal Law Retribution a. Defined b. Pro and Con Wednesday, March 28 c. Variations Deterrence Rehabilitation Incapacitation Thursday, March 29 III. Defining Criminal Conduct A. Introduction 133 B. Legality 1. Common Law Crime (ending before McBoye v. U.S.) Statutory Interpretation (ending before Keeler v. Superior Court) Friday, March Retroactivity Vagueness Monday, April 2 C. Culpability 1. Actus Reus a. Act Tuesday, April 3 b. Omission Wednesday, April 4 Omission (continued) c. Distinguishing Omission from Act Thursday, April 5 2. Mens Rea a. Basic Conceptions i. Common Law Friday, April 6 ii. Model Penal Code Monday, April 9 b. Mistake of Fact Tuesday, April 10 c. Strict Liability (ending before State v. Guminga) , (starting before Regina v. City of Sault Ste. Marie) Wednesday, April 11 d. Mistake of Law (ending after Cheek v. United States)

4 Page 4 of 6 14 Thursday, April 12 Mistake of Law (continued) (ending after first sentence on page 287) Friday, April 13 IV. Homicide A. Introduction B. Intended Killings 1. Premeditation Monday, April Provocation (ending before People v. Casassa) Tuesday, April 17 Provocation (continued) Wednesday, April 18 C. Unintended Killings 1. The Creation of Homicidal Risk a. Distinguishing Civil and Criminal Liability Thursday, April 19 b. Distinguishing Murder and Manslaughter Friday, April Felony-Murder a. The Doctrine Monday, April 23 b. Limitations Tuesday, April 24 D. The Death Penalty Wednesday, April 25 The Death Penalty (continued) Thursday, April 26 V. The Significance of Resulting Harm A. Causation Foreseeability Friday, April Subsequent Human Acts Monday, April 30 D. Attempt 1. Introduction Mens Rea Tuesday, May 1 3. Actus Reus Wednesday, May 2 Actus Reus (continued) Solicitation Thursday, May 3 5. Impossibility

5 Page 5 of 6 30 Friday, May 4 VI. Group Criminality A. Accountability for the Acts of Others Mens Rea 592 a. Mens Rea for Acts of the Principal Monday, May 7 Mens Rea for Acts of the Principal (continued) b. Mens Rea for Results and Attendant Circumstances Tuesday, May 8 2. Actus Reus The Relationship Between the Liability of the Parties Wednesday, May 9 B. Conspiracy The Consequences of Conspiracy Thursday, May Actus Reus Mens Rea Friday, May Single or Multiple Conspiracies Parties Monday, May 14 VII. Exculpation A. Introduction B. Justification 1. Self-defense Tuesday, May 15 Self-defense (continued) (ending after note 7) Wednesday, May 16 Self-defense (continued) Thursday, May Prevention of Crime Friday, May Choice of the Lesser Evil Monday, May 21 C. Excuse 1. Introduction Duress Tuesday, May Intoxication Wednesday, May Mental Disorder a. The Defense of Legal Insanity i. Competing Formulations (ending before Blake v. United States) Thursday, May 24 Competing Formulations (continued)

6 Page 6 of 6 45 Friday, May 25 ii. Wrong iii. Disease of the Mind Tuesday, May 29 b. Diminished Capacity Wednesday, May Changing Patterns of Excuse