CRIMINAL LAW (5020/9008) SYLLABUS (last modified: Jan. 4, 2001)
Prof. Edmundson
Spring, 2001
Wednesdays 6-8:45 pm; room 170
My office: #458; tel. 404-651-2136; e-mail wedmundson@gsu.edu
Text: S. Kadish & S. Schulhofer, Criminal Law and Its Processes (6th ed.)
On Reserve: W. LaFave and A. Scott, Criminal Law (2d ed.); J. Dressler, Understanding Criminal Law; examinations from past years
Web resources: Virtual Prison Tour; Ranking of State Criminal Codes
The Goals of this Course
The course has two overriding goals. The first is to familiarize you with the central concepts and doctrines in the field of substantive criminal law. The second, which is also a goal of the entire first-year curriculum, is to introduce you to the techniques of legal reasoning or, more bluntly, to teach you how to “think like a lawyer.”
How the Course Is Designed to Achieve Its Goals
This is not a survey course. Because of time constraints, a number of important topics in criminal law, such as rape and the theft offenses, will not be covered. Rather, as is customary in first-year courses in criminal law, we will explore fundamental legal concepts, such as mens rea, necessity and excuse, that apply across all the many categories of criminal offense. We will also intensively study the homicide offenses, which will serve to sharpen our grasp of these fundamental legal concepts and to illustrate how a department of criminal law is put together.
Our focus will be the common law as it has evolved in England and (under the influence of the Bill of Rights) in the United States. We will frequently refer to the Model Penal Code, a modern effort to synthesize and in many respects to reform the common law of crimes. From time to time we will focus on the law as it exists in particular jurisdictions, but only to illustrate core concepts and issues that underlie legal developments in practically all Anglo-American jurisdictions.
This will not be a lecture course. Rather, it will be taught by the “Socratic” method that is traditional in the first-year law school curriculum. “To think like a lawyer” is, as Thomas L. Haskell has put it,”to internalize a social landscape of potential critics.” Being part of that landscape must become habitual with you and your classmates as you develop the following lawyerly skills: recognizing pertinent legal and factual issues, analyzing statutory language, articulating the holdings of cases, defending your formulation of legal rules, reconciling adverse precedent, and recognizing and making use of the underlying, often conflicting, social values which shape the rules of law.
The Grading System Explained
Your final grade will be based largely upon a final examination. The only other factor that may influence your final grade is class participation. Due to the size of enrollment, class participation is difficult for me to record and will therefore count for less than it should.
The final will be a closed-book, closed-notebook, blind-graded, essay-style examination. It will cover only the material included in this syllabus. It will test your ability to identify and analyze legal issues in one or more detailed hypothetical situations. It is not intended to test your ability merely to memorize by rote or to philosophize. Sample examination questions are on reserve in the library.
In a recent year, the average grade in the several sections of Criminal Law was 78. The average grade in this course is likely to be in the same general vicinity.
Assignments
Week Dates
1 1/10
Topic: Principles of Punishment
Reading: pp. 97-153; 282-94
2 1/17
Topic: “Actus Reus”: The Act Requirement
Reading: pp. 171-203
3 1/24
Topic: “Mens Rea”: The Culpability Requirement
Reading: pp. 204-25
4 1/31
Topic: Mistake of Fact
Reading: pp. 225-35; 320-32
5 2/7
Topic: Strict Liability; Mistake of Law
Reading: pp. 235-44; 254-77
6 2/14
Topic: Vagueness; Grading Intentional Homicides
Reading: pp. 294-314; 385-405 (282-94 for background)
7 2/21
Topic: Manslaughter; Negligent Homicide
Reading: pp. 405-27; 432-68
8 2/28
Topic: The Felony Murder Rule
Reading: pp. 468-503
SPRING BREAK
9 3/14
Topic: Attempt
Reading: pp. 581-633 (617-23 for background)
10 3/21
Topic: Aiding and Abetting
Reading: pp. 641-83
11 3/28
Topic: Conspiracy
Reading: pp. 720-64
12 4/4
Topic: Justification: Defense of Persons and Property
Reading: pp. 801-14; 826-68 (pp. 868-80 optional)
13 4/11
Topic: Excuses: Duress and Intoxication
Reading: pp. 893, 896-929
14 4/18
Topic: The Insanity Defense
Reading: pp. 932-48 (pp. 248-66 optional)
Deviations from this schedule are likely to occur.
Attendance policy
Roll will be taken at each class meeting. Two or more unexcused absences will be grounds for the assignment of a failing grade. Please also note that class nonparticipation may influence your final grade.
Office Hours
I have an “open door” policy on meeting outside class. I encourage you to thrust yourselves past the bodyguards at the fourth floor security checkpoint at any time or, if you like, call me to make an appointment. My number is 651-2136, and I can be found in office 458, all day, Monday through Friday. I can be reached by e-mail anytime, and I check my e-mail continuously throughout the day.
E-mail Discussion List
There is an e-mail discussion list for this course. You are strongly advised to open a “panther” or other e-mail account and to subscribe to the list by sending a message to:
with no subject or signature and the following body:
subscribe law5020wae youremailaddress
If you are late in subscribing, and want to see what has transpired, the list archive can be found at:
Except for personal matters, please direct all e-mail to me in care of the list.