Criminal Law
POLI/CJUS 213
Professor Todd C. Peppers Classroom: West Hall 210
Department of Public Affairs E-mail: p
Roanoke College Phone: (540) 375-2417
Office: West Hall 212 Office Hours: Wed, 2-4
"Ignorance of the law is no excuse for breaking it. . . . [E]veryone must feel that ignorance of the law could never be admitted as an excuse, even if the fact could be proved by sight and hearing in every case. . . . Public policy sacrifices the individual to the public good. .. . [T]o admit the excuse at all would be to encourage ignorance . . . ."
~ Oliver Wendell Holmes, Jr.
Introduction
This course will examine what conduct society has decided to prohibit and punish (substantive criminal law) as well as the procedures that shape the investigation and prosecution of crime (criminal procedure). Specifically, we will explore the elements composing various crimes, the legal defenses available to defendants charged with specific crimes, and the procedural rules that criminal investigators, prosecutors, defense attorneys, and judges must follow. While our primary focus will be on the laws, defenses, and procedures themselves, during the semester we will periodically stop and examine/debate the values underlying these laws and procedures as well as the impact they have on society.
Readings
Daniel E. Hall. 2004. Criminal Law and Procedure (4th Ed.)
Additional class handouts and on-reserve videos, if necessary.
Grading
Your final grade will be calculated as follows:
Class participation and attendance: 10%
Examination on Legal System: 10%
Class Project: 20%
Midterm Examination 25%
Final Examination: 35%
Class Attendance & Participation
Note that class participation and attendance constitute 10% of your final grade. My course lectures are designed to build upon, not repeat, the reading assignments, and consistently missing class will deprive you of lectures and discussion that are critical to both your understanding of the course and to success on examinations. Each student has two (2) unexcused absences this semester. You may use them without having your class participation and attendance grade affected. All other absences must be excused by the instructor or your participation and attendance grade will be lowered. If you are not in your seat at the beginning of the day’s lecture, you will be counted absent. Note: if you have more than three (3) unexcused absences, I reserve the right to drop you from the class without notice.
If the quality of class participation and discussion is poor, I reserve the right to administer “pop” quizzes. Your quiz grade will be factored into your class attendance and participation grade. A word to the wise should be sufficient.
Membership on Athletic Team
If you are a member of an athletic team or other college club and know that you will be missing class in the coming semester, then consult your team schedule and please let me know immediately – I will be much more willing to accommodate your absences if I am informed at the beginning of the semester.
Learning or Physical Disability
If you are a student who has a learning or physical disability which requires special testing conditions, please let me know at the beginning of the semester. Your disability will be treated confidentially, of course, but I will need sufficient warning to make the necessary arrangements.
Academic Integrity
As a teacher, it is my responsibility to instill in my students a sense of personal honor and integrity. Cheating of any form or degree will not be tolerated. Please familiarize yourself with Roanoke College’s Academic Integrity System which can be found in the Student Handbook. Pay special attention to the discussion on plagiarism. It is your responsibility to know the rules regarding Academic Integrity.
Cell Phones, Pagers, Etc.
All cell phones, pagers, and other electronic communication devices must be turned off before the start of class. The first time one of these devices interrupts class, the offending party is buying donuts for the entire class; the second time, the offending party will be asked to excuse him/herself from the class lecture.
Course Schedule
Week 1: Introduction to Course
(Sept. 1-3)
Juan Williams. “Eyes on the Prize: The Truths of American Race Relations.” Thursday, September 2nd, at 7:30 p.m. in Olin Hall. You will receive five bonus points on first examination for attending lecture and writing 1-2 page paper critiquing the talk. Paper due on Tuesday, September 7th
Week 2: Introduction to the Legal System
(Sept. 6-10) (Hall, Chapter 1)
Week 3: Introduction to Criminal Law and Procedure
(Sept. 13-17) (Hall, Chapter 2 & 10)
Week 4: Substantive Criminal Law Principles
(Sept. 20-24) (Hall, Chapter 3)
Examination on the Legal System: Sept. 21st
Week 5: Crimes Against the Person, Property, and Habitation
(Sept. 27 - Oct. 1) (Hall, Chapter 5-6)
Week 6: Crimes Against the Public; Factual & Statutory
(Oct. 4-8) Defenses
(Hall, Chapters 7-8)
Week 7: Midterm Examination on October 14th
(Oct. 11-15)
Week 8: FALL BREAK
(Oct. 18-22)
Week 9 Constitutional Defenses
(October 25-29) (Hall, Chapter 9)
Jack Greenberg. “The Meaning of Brown v. Board of Education Decision” Olin Theatre on Wednesday, October 27th at 7:30 p.m. You will receive five bonus points on midterm examination for attending lecture and writing 1-2 page paper critiquing the talk. Paper due on Tuesday, November 2nd.
Week 10: Constitutional Aspects of Criminal Procedure
(Nov. 1-5) (Hall, Chapters 11-12)
Week 11: Searches, Seizures and Arrests
(Nov. 8-12) (Hall, Chapter 12 continued)
Week 12: Interrogation and Confessions
(Nov. 15-19) (Hall, Chapter 13)
Research project due Thursday, Nov. 18th
Week 13: The Pretrial Process
(November 22-26) (Hall, Chapter 14)
Week 14 The Criminal Trial
(Nov. 29 to Dec. 3) (Hall, Chapter 15)
Week 15: Sentencing and Appeal
(December 6-10) (Hall, Chapter 16)
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