POLS Y227; Section 26468

CRIMINAL LAW

POLS Y227; Section 26468

IUPUI

Dr. David L. WeidenSpring 2008

Office: Cavanaugh 503EThursday 6-8:40 p.m.

Office phone: 278-7558Nursing 214

Office hours: TR 4-5:30 p.m., or by appointment

Course Description

This course will provide an analysis of the American criminal justice system and the principles of criminal law. We will begin by critically examining the major components and processes of the criminal justice system. Then, we will delve into the specifics of the criminal law by reading and discussing cases. Also, each student will take part in a role-playing exercise that will enable students to better understand the dynamics of the legal process. One major theme of the course will be the ethics of the criminal justice system. To this end, all students will write a paper examining some ethical aspect of the criminal law and justice system. By the end of the semester, students will have gained a factual overview of the criminal justice system and an understanding of the criminal law. Furthermore, students will have deliberated on the flaws in the process and possible solutions. Finally, students will have considered the ethical and moral dilemmas that exist within the system.

A mixture of lecture and discussion formats will be used in this course. Active learning will be stressed and participation by all will be required in order for the class to be successful.

Readings

There are two required texts for the class:

(1) Joel Samaha, Criminal Law, 9th ed. Wadsworth Publishing Co., 2008. ISBN: 0-495-38193-4.

(2) Paul H. Robinson, Criminal Law Case Studies, 3d ed. West Group, 2007. ISBN: 978-0-314-17617-2.

Course Requirements

Your grade will be determined as follows:

-Midterm exam:15%

-Jury forms 10%

-Case study simulation:25%

-Ethics paper:20%

-Final examination:20%

-Class participation:10%

Midterm Exam

The midterm examination will consist of multiple choice, short answer and essay questions. The exam will account for 15 percent of your final grade.

Jury Forms

The jury forms are shortexplanations of how you would decide the case study for the week if you were a member of the jury. Later in the semester, we will spend the second hour of the class discussing the assigned case study (found in the Robinson book) for the week. You should read the case study, and then answer the question or questions in the book. For example, in the first case study that we will read (Case of DeSean McCarthy), you are asked these questions: “Would you convict McCarthy for the death of Officer Laura? If so, what amount of punishment would you impose?” In several paragraphs, you should state whether or not you would convict the defendant and also the punishment you would impose; most importantly, you should give the reasons for your sentence. These papers are due on Thursday in class. You do not have to submit a jury form for the case that you are acting as an attorney. Please note: the jury forms are due at the beginning of class; if you turn in a jury form to me after class is over, you will be assessed a late penalty. The jury forms will account for 10 percent of your grade.

Case Study Simulation

In the case study simulation, students will play the roles of attorneys arguing a criminal case (found in the Robinson text). You will be assigned to represent either the prosecution or defense for a particular case study. You will turn in a three-page written brief outlining your main arguments on Tuesday, the class day before the simulation. On the day of the simulation, each side will make a short argument defending its position, followed by the opposing counsel’s arguments. Then, there will be a brief period for rebuttal and questions from myself and the class. The class will act as the jury and vote on guilt or innocence. Then, I will disclose how the judge and jury actually ruled in the case. Half of your simulation grade will be based on your written brief and the other half will be based on your oral argument. Overall, the simulation is worth 25 percent of your final grade.

A few notes on the case study simulation:

-When writing your brief, use the existing law at the time of the case, not the current law that would be applied were the case prosecuted today.

-When giving your presentation, the prosecution will go first, and will give a short summary of the facts of the case. Then, the defense will present its arguments. (If there is sufficient enrollment in the course, you will be divided into teams of two.)

-Each attorney should begin by stating, “May it please the Court. My name is X, and I represent the prosecution/defense.”

Ethics Paper

The ethics paper will require you to research and write on a topic of your choosing regarding some aspect of ethics in the criminal justice system. Some examples are: plea bargaining; racial discrimination by police officers; jury nullification; etc. You will be required to turn in a proposed topic to me, which I will approve. In your paper, you should take a position on the ethical dilemma and present your thoughts on the problem and possible solutions. The final paper should be 8-10 pages long (not including cover pages and bibliography), and follow standard citation format. The paper will count for 20 percent of your course grade.

Final Examination

The final exam will be cumulative and cover material from the entire course. It will account for 20 percent of your final course grade.

Class participation

All students are expected to have done the reading before class and to actively participate in class discussions. Your class participation grade will be based on both the frequency and quality of your participation, as well as attendance. The discussion regarding the focus cases will heavily influence your participation grade. Class participation will account for 10 percent of your final course grade.

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Grading Policy

Here are the grading standards that will be used:

A+ (98-100%)

A (93-97%)

A-(90-92%)

B+(87-89%)

B(83-86%)

B-(80-82%)

C+(77-79%)

C(73-76%)

C-(70-72%)

D+(67-69%)

D(63-66%)

D-(60-62%)

F(<60%)

A: Demonstrates exceptional preparation for class; class leader in discussion. Exhibits excellent synthesis of course work and original thinking on course themes on exams and assignments. Superior performance.

B: Demonstrates thorough preparation for class; active participant in class discussions. Shows solid understanding of course work and ability to effectively analyze course themes on exams and assignments.

C: Demonstrates adequate preparation for class and frequently participates in class discussions. Exhibits good basic understanding of course work and major themes on exams and assignments.

D: Demonstrates poor preparation for class; infrequent participation in class discussions. Shows weak understanding and application of course principles and themes on exams and assignments.

F: Demonstrates inadequate class preparation and lack of understanding of course themes on exams and assignments.

Course Policies and Student Responsibilities

Students are expected to do all of the readings before class and to attend every class. I will touch on the readings and expand upon them but will not review them in class. So, it is extremely important that you have done the reading ahead of time and thought about the issues. Students are expected to participate in class discussions; there will be a friendly, relaxed atmosphere during the class sessions and all viewpoints will be respected.

PLEASE, turn off all cell phones before class and do not engage in text-messaging while class is ongoing. Also, you are welcome to use a laptop computer to take notes in class, but please do not surf the Web while class is in session.

I am here to help you, so please come see me during office hours if you are having difficulty in the course. Also, feel free to e-mail or call me with any questions.

Any student needing to arrange a reasonable accommodation for a documented disability should contact Adaptive Educational Services at 274-3241.

Cheating in any form, including plagiarism, will not be tolerated. Plagiarism has been defined asArepeating another=s sentences as your own or presenting someone else=s line of thinking in the development of a thesis as though it were your own.@ It is your responsibility to know the standards regarding plagiarism and cheating; please refer to the IUPUI policy and the Student Codeor see me if you have any questions about plagiarism or citation of sources. Serious offenses of cheating or plagiarism will result in failure of the course as well as possible University disciplinary action.

All written assignments must be original for this course. This means that all written assignments cannot be, or have been, submitted to other courses. If you have any questions on this, please see me.

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Late papers will be assessed a penalty of five percentage points per day that they are late. If you have a valid excuse, please see me in advance of the deadline. Although I will accept late papers electronically, please be aware that it is your responsibility to ensure that I receive the paper. In other words, if you send me a late paper by e-mail and I do not receive it for whatever reason, the late penalty will continue to accrue until I receive the paper. There will be no exception made for any computer or e-mail problems that you may claim to have.

The IUPUI attendance policy will be enforced. You are expected to attend each scheduled class, but you may miss three classes without any excuse or reason. You are expected to attend for the entire class period, if you do not stay for the entire time you will be counted as absent, unless you speak with me first. If you miss more than three classes without a legitimate excuse, your final grade may be lowered.

Technology Statement

All students must obtain an IUPUI e-mail address, because I will send any messages to your IUPUI account. Because of past difficulties with the Oncourse system, I will use Oncourse only to post course documents, such as the syllabus. Please do not send e-mail to me via Oncourse or post messages there for me; rather, please e-mail me directly.

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Course Schedule

This schedule should be viewed as a rough guide only. Inevitably, some adjustments will be made during the semester.

DateTopicReading Assignment

Week One:

1/10Syllabus/Overview

Week Two:

1/17The Criminal Justice System Samaha, chapter 1

Week Three:

1/24Courts, Police, Corrections

Week Four:

1/31Introduction to Criminal LawSamaha, chapter 2

Focus case (be prepared to discuss in class): Griswold v. Connecticut

Week Five:

2/7Actus ReusSamaha, chapter 3

Focus case: Brown v. State

Week Six:

2/14Mens ReaSamaha, chapter 4

Focus case: Koppersmith v. State

Week Seven:

2/21Defenses: JustificationsSamaha, chapter 5

Focus case: People v. Goetz

Week Eight:

2/28Defenses: ExcuseSamaha, chapter 6

Focus cases: Oliver v. State; DePasquale v. State

Week Nine:

3/6MIDTERM EXAM

Week Ten:

3/13NO CLASS—SPRING BREAK

Week Eleven:

3/20Complicity and Vicarious Liability Samaha, chapter 7

Focus case: State v. Chism

Week Twelve:

3/27Inchoate CrimesSamaha, chapter 8

Focus case: People v. Kimball

Week Thirteen:

4/3HomicideSamaha, chapter 9

Focus case: Commonwealth v. Schnopps

Week Fourteen:

4/10Sex Offenses and AssaultSamaha, chapter 10

Focus case: Commonwealth v. Berkowitz

Week Fifteen:

4/17Crimes against PropertySamaha, chapter 11

Focus case: Jewell v. State

Ethics paper due, April 17

Week Sixteen:

4/24NO CLASS—INSTRUCTOR AT CONFERENCE

FINAL EXAMINATION: Thursday, May 1, 5:45-745 p.m.

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