CRIMINAL LAW (5020/14073) SYLLABUS (last modified: December 14, 2004)
Prof. Edmundson
Spring, 2005
Tuesdays 6 – 8:45 pm; room TBA
My office: #458; tel. 404-651-2136; e-mail wedmundson“at”gsu.edu
Text: S. Kadish & S. Schulhofer, Criminal Law and Its Processes (7th ed., 2001)
On Reserve: W. LaFave and A. Scott, Criminal Law (2d ed.); J. Dressler, Understanding Criminal Law; examinations from past years
Web resources:
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 point of departure will be the common law as it 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. Although the law of crimes today is almost entirely statutory, it is subject to judicial interpretation that is often informed by commonlaw traditions. 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 e-reserve and are also linked here. Consult the Registrar if you need to arrange a make-up exam.
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 1; Jan. 11
Topic: Principles of Punishment I
Reading: pp. 95-135; 156-171
Break
Topic: Principles of Punishment II
Reading: pp. 135-56; 278-90; Lawrence v. Texas (The opinion for the Court, and sections II, III, IV and the last half of section V of Justice Scalia’s dissent; click link to read on-line or download)
Week 2; Jan. 18
Topic: “Actus Reus”: The Act Requirement
Reading: pp. 173-82
Break
Topic: Omissions and Duties to Act
Reading: pp. 182-202
Week 3; Jan. 25
Topic: “Mens Rea”: The Culpability Requirement
Reading: pp. 203-24
Break
Topic: Mistake of Fact I
Reading: pp. 225-35
Week 4; Feb. 1
Topic: Mistake of Fact II: The Case of Rape
Reading: pp. 351-63
Break
Topic: Strict Liability
Reading: pp. 235-44; 253-55
Week 5; Feb. 8
Topic: Mistake of Law
Reading: pp. 255-78
Break
Topic: Vagueness
Reading: pp. 290-312
Week 6; Feb. 15
Topic: Grading Intentional Homicides
Reading: pp. 387-405
Break
Topic: Victim Conduct and the Defendant’s Story
Reading: pp. 405-24
Week 7; Feb. 22
Topic: Negligent Homicide
Reading: pp. 425-39
Break
Topic: Reckless Homicide
Reading: pp. 439-47
Week 8; March 1
Topic: The Felony Murder Rule I
Reading: pp. 448-63
Break
Topic: The Felony Murder Rule II
Reading: pp. 464-82
Week 9: SPRING BREAK
Week 10; March 15
Topic: Attempt
Reading: pp. 554-69
Break
Topic: Attempt, Impossibility
Reading: pp. 569-92
Week 11; March 22
Topic: Aiding and Abetting I
Reading: pp. 603-15
Break
Topic: Aiding and Abetting II
Reading: pp. 615-28
Week 12; March 29
Topic: Aiding and Abetting III
Reading: pp. 628-44
Break
Topic: Conspiracy
Reading: pp. 671-94 (up to but not including Interstate Circuit)
Week 13; April 5
Topic: Defense of Persons I
Reading: pp. 749-63
Break
Topic: Defense of Persons II
Reading: pp. 763-96
Week 14; April 12
Topic: Defense of Property, Necessity
Reading: pp. 796-817; 827-32
Break
Topic: Excuses: Duress and Intoxication
Reading: pp. 842-73
Week 15; April 19
Topic: The Insanity Defense I
Reading: pp. 879-96
Break
Topic: The Insanity Defense II
Reading pp: 905-09
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 come by my office 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. To access, click here (or enter http://gsulaw.gsu.edu/wedmundson/forums/law5020wae/ in the address field of your web browser) and follow the instructions.
Except for personal matters, please direct all e-mail to me in care of the list.
University Policies
The course syllabus provides a general plan for the course; deviations may be necessary. You should be aware of the University Policy on Academic Honesty and the College of Law Honor Code.