CRIJ 3326-Criminal Law

Fall 2017 – Section 002 – LEC – Regular

Thursday 6:00 p.m. to 8:45 p.m.

Faculty: J. D. Robertson, M.S., B.S., A.A.S.

Office: BUS 260

Phone: (512) 963-3603

Email:

Office Hours: Thursdays by Appointment and via Zoom for Longview students

Course Website:

Required Texts:

Lippman, M. (2017). Essential Criminal Law (2nd ed.). Los Angeles, CA: Sage Publications, Inc. ISBN: 9781506349039.

Supplemental Reading Materials: Course relevant reading materials as posted on the Course Website:

Handouts: Course relevant material for class discussion, e.g., government reports, documents, news articles and Power Point presentations.

Course Description:

This course is designed to be an in depth study of criminal law as it relates and applies to the U. S. criminal justice system. During this course of study, the curriculum is designed to expand students understanding of the development and history of criminal law and applicable definitions associated with criminal offenses. Subjects to be covered will include the elements of offenses, criminal defenses, parties to offenses and criminal responsibility as it applies to the Texas Penal Code. Emphasis will be placed on providing students with the foundation of the development of criminal law for use in other courses of study or in a career within the criminal justice system.

Student Learning Outcomes:

  1. Define a crime and distinguish between civil and criminal law.
  2. The student will be able to demonstrate an understanding of criminal law, criminal conduct and criminal responsibility, and the defenses to prosecution of criminal offenses.
  3. The student will be able to demonstrate an understanding of the elements of criminal offenses, parties to offenses, criminal attempt and criminal solicitation.
  4. The student will be able to demonstrate familiarity and understanding of specific criminal laws as related to criminal responsibility and criminal intent.
  5. The student will be able to explain the different elements of criminal conduct as related to specific criminal laws.

Student Conduct:

Class Participation: It is expected that you will be present for regularly scheduled class meetings. You are allowed two absences during the semester. Any absence in excess of two will result in a point deduction from your class participation grade. It is expected that you read the assigned material prior to the scheduled class date as indicated in the course outline. You will receive class participation points if you are prepared for class lectures, are able to answer questions when called upon and participate in the discussion in a thought provoking and meaningful way.

Class Decorum: It is expected that students will arrive on time for class and be seated at the scheduled start time. Cell phones should be turned to the silent mode so as not to disrupt the class. Students should refrain from texting, emailing, twitter, social media and surfing the web during class, as it is disruptive. If your conduct becomes disruptive to the point of notice by the instructor, you will receive a verbal warning. A second infraction results in a point deduction from your class participation grade. In the unlikely event of a third infraction, the student will be asked to leave class and will receive a zero for class participation.

Respect: Criminal Justice is made up of professionals. For example, judges, law enforcement officers, lawyers, counselors, probation and parole and many others. These professionals often disagree on a variety of issues philosophically, practically and theoretically. It is important that you learn to dialogue with colleagues on a professional level. For example, judges generally do not tolerate disrespectful behavior in court. The penalties for such can be severe; to include fine and/or jail time. It is important that you be respectful of the opinions of your classmates as well as that of your instructor. Open dialogue is encouraged, but personal attacks will not be tolerated. That especially includes among other things shouting someone down and not letting them speak when you don’t agree with them. It is expected that you show each other and your instructor respect during discussions.

Late Work: As a general rule, late work is not accepted. Assignments and due dates are posted well in advance allowing you time to plan accordingly. Make up exams are not offered. I do understand that emergencies such as illness and family emergencies do happen. If you provide advance notification and provide documentation of the emergency, it will be handled on a case by case basis.

Plagiarism: Many students do not fully understand plagiarism. Plagiarism is using someone else’s ideas, thoughts and words as your own without giving them proper credit. It is academic theft. In the Sociological and Behavioral Sciences, which includes Criminal Justice, we use APA (American Physiological Association) format. The below listed links will provide some additional assistance in writing and citing under the APA format. If you are still unsure about plagiarism, or you need additional assistance, you can contact the UT Tyler writing center at . More information on student academic conduct can be found on page 8 and 9of the syllabus.

How to Contact Me:

The preferred method of contact is the University email system. () I will generally answer emails within 24-48 hours. In an emergency you may contact me by the phone number listed at the beginning of the syllabus. If you desire a one on one meeting, please email me at least 24 hours in advance, and set up an appointment on Thursday prior to class start time.

Course Outline:

This course will include class lectures and discussion on all relevant material related to each chapter contained in the required text book. Your progress and understanding of the material will be assessed with two written exams, two writing assignments and class participation. It is expected that you will read the material ahead of each class meeting and make a meaningful contribution to the class discussion. You will be given class time to conduct research and independent study in order to assist in the completion of the two writing assignments. Specific complex subject areas may be addressed by a guest speaker as time and schedule allows.

Week One:(August 31st) Course Introduction-Chapter1 and 2

Introduction withsyllabus review, review of expectations, course schedule and grading requirements. Lecture and discussion on Chapter 1.

Chapter 1-Lecture-Nature, Function and Purpose of Criminal Law

Chapter 2-Lecture-Constitutional Limitations

Week Two: (September 7th) Chapter 2 and 3

Chapter 2-Lecture-Constitutional Limitations Continued

Chapter 3-Lecture-Elements of Crimes

Week Three:(September 14th) Chapter 4 and 5

Chapter 4-Lecture-Parties to Crime

Chapter 5-Lecture-Attempt, Solicitation, and Conspiracy

Week Four:(September 21st) Chapter 5 and 6

Chapter 5-Lecture-Attempt, Solicitation, and Conspiracy Continued

Chapter 6-Lecture-Criminal Defenses: Justifications and Excuses

Special Project Discussion and Assignment

Week Five:(September 28th) Chapter 6 and 7

Chapter 6-Lecture-Criminal Defenses: Justifications and Excuses Continued

Chapter 7-Lecture-Homicide

Week Six:(October 5th) Chapter 7 and 8

Chapter 7-Lecture-Homicide

Chapter 8-Lecture-Sex Offenses and Crimes against Persons

Week Seven:(October 12th) Review Chapter 8

Special Projects Discussion

Chapter 8-Lecture-Sex Offenses and Crimes against Persons Continued

Week Eight:(October 19th) Chapter 9 and 10

Chapter 9-Lecture-Crimes Against Property

Chapter 10-Lecture-White Collar and Organized Crime

Week Nine:(October 26th) Course Work and Special Project

Special Project

Writing Assignment Discussion and Research methods

Week Ten: (November 2nd) Chapter 11

Chapter 11-Lecture-Crimes Against Public Order and Morality

Exam 1 Review (Chapters 1-10)

Special Project Due

Week Eleven:(November 9th) Chapter 11 and 12

Exam 1-

Chapter 11-Lecture-Crimes Against Public Order and Morality Continued

Chapter 12-Lecture-Crimes Against Social Order and Morality: Alcoholism, Gambling and Drug Offenses

Week Twelve: (November 16th) Chapter 12 and 13

Chapter 12-Lecture-Crimes Against Social Order and Morality: Alcoholism, Gambling and Drug Offenses

Chapter 13-Lecture-Offenses Against Public Administration and Public Corruption

Week Thirteen: (November 23rd)

Thanksgiving Holiday-Read Chapter 14 and Complete Writing Assignment

Week Fourteen:(November 30th) Chapter 14

Chapter 14-Lecture-Crimes Against the State

Writing Assignment Due-Literature Review

Week Fifteen: (December 7th) Final Exam Preparation and Review

Final Examination Review

Week Sixteen: (December 14th) Final Exam

Final Exam

Writing Assignments:

Literature Review

Grachek, J. (2006). The insanity defense in the twenty-first century: How recent United States Supreme Court Case law can improve the system. Indiana Law Journal, 81 (4), 1479-1501.

Locate and review the article above from the Indiana Law Journal. Read, review, and summarize this article. How does this article complement or contradict what you have read in Chapter six of the assigned text book? This paper should be at least 2 pages in length (does not include cover page and reference page), maximum 12-point font, 1-inch margins, include an APA formatted cover page, reference page and utilize proper APA (American Physiological Association) citation format for the body of the paper. This assignment is due by the end of the class period during Week fourteen.

Special Project:

During week four, you will be assigned four Essay questions covering chapters 3-10 of the assigned text book. This paper should be written to APA (American Physiological Association) guidelines, maximum 12-point font, 1-inch margins, include an APA (American Physiological Association) formatted cover page, reference page and utilize proper APA (American Physiological Association) citation format for the body of each question. This is an open book assignment involving independent research. You may use your assigned text book, or peer reviewed articles to answer these questions. Wikipedia is never an approved source for a writing assignment or citation in this course. Each question should be fully answered. If you reference the text book or an outside source, remember to provide the proper citation and reference on the reference page. Each question is worth 25 points each and partial credit can be awarded. This assignment is due by the end of the class period during Week ten.

Evaluation:

Grading Scale:

A= 900 Points or Above

B=899-800 Points

C=799-700 Points

D=699-600 Points

F=599 points or less

Exam 1-300 Points

Special Project-100 Points

Literature Review-100 Points

Class Participation-200 Points

Final Exam-300 Points

Total-1000 Points

Rubric:

The grading rubric for the Special Project and Literature Review assignments will be posted in the course web site:

Changes:

Any part of this syllabus can be changed at any time. Adequate notice of changes will be distributed in sufficient time to allow you to plan accordingly. It is important that you monitor announcements in Canvass as well as class announcements in order to stay current.

UNIVERSITY POLICIES AND ADDITIONAL INFORMATION

UT Tyler Honor Code

Every member of the UT Tyler community joins together to embrace: Honor and integrity that will not allow me to lie, cheat, or steal, nor to accept the actions of those who do.

Students Rights and Responsibilities

To know and understand the policies that affect your rights and responsibilities as a student at UT Tyler, please follow this link:

Campus Carry

We respect the right and privacy of students 21 and over who are duly licensed to carry concealed weapons in this class. License holders are expected to behave responsibly and keep a handgun secure and concealed. More information is available at

UT Tyler a Tobacco-Free University

All forms of tobacco will not be permitted on the UT Tyler main campus, branch campuses, and any property owned by UT Tyler. This applies to all members of the University community, including students, faculty, staff, University affiliates, contractors, and visitors.

Forms of tobacco not permitted include cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff, chewing tobacco, and all other tobacco products. There are several cessation programs available to students looking to quit smoking, including counseling, quitlines, and group support. For more information on cessation programs please visit

Grade Replacement/Forgiveness and Census Date Policies

Students repeating a course for grade forgiveness (grade replacement) must file a Grade Replacement Contract with the Enrollment Services Center (ADM 230) on or before the Census Date of the semester in which the course will be repeated. Grade Replacement Contracts are available in the Enrollment Services Center or at Each semester’s Census Date can be found on the Contract itself, on the Academic Calendar, or in the information pamphlets published each semester by the Office of the Registrar.

Failure to file a Grade Replacement Contract will result in both the original and repeated grade being used to calculate your overall grade point average. Undergraduates are eligible to exercise grade replacement for only three course repeats during their career at UT Tyler; graduates are eligible for two grade replacements. Full policy details are printed on each Grade Replacement Contract.

The Census Date is the deadline for many forms and enrollment actions of which students need to be aware. These include:

  • Submitting Grade Replacement Contracts, Transient Forms, requests to withhold directory information, approvals for taking courses as Audit, Pass/Fail or Credit/No Credit.
  • Receiving 100% refunds for partial withdrawals. (There is no refund for these after the Census Date)
  • Schedule adjustments (section changes, adding a new class, dropping without a “W” grade)
  • Being reinstated or re-enrolled in classes after being dropped for non-payment
  • Completing the process for tuition exemptions or waivers through Financial Aid

State-Mandated Course Drop Policy

Texas law prohibits a student who began college for the first time in Fall 2007 or thereafter from dropping more than six courses during their entire undergraduate career. This includes courses dropped at another 2-year or 4-year Texas public college or university. For purposes of this rule, a dropped course is any course that is dropped after the census date (See Academic Calendar for the specific date).

Exceptions to the 6-drop rule may be found in the catalog. Petitions for exemptions must be submitted to the Enrollment Services Center and must be accompanied by documentation of the extenuating circumstance. Please contact the Enrollment Services Center if you have any questions.

Disability/Accessibility Services

In accordance with Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA) the University of Texas at Tyler offers accommodations to students with learning, physical and/or psychological disabilities. If you have a disability, including a non-visible diagnosis such as a learning disorder, chronic illness, TBI, PTSD, ADHD, or you have a history of modifications or accommodations in a previous educational environment, you are encouraged to visit and fill out the New Student application. The Student Accessibility and Resources (SAR) office will contact you when your application has been submitted and an appointment with Cynthia Lowery, Assistant Director of Student Services/ADA Coordinator. For more information, including filling out an application for services, please visit the SAR webpage at the SAR office located in the University Center, # 3150 or call 903.566.7079.

Student Absence due to Religious Observance

Students who anticipate being absent from class due to a religious observance are requested to inform the instructor of such absences by the second class meeting of the semester. Revised 05/17

Student Absence for University-Sponsored Events and Activities

If you intend to be absent for a university-sponsored event or activity, you (or the event sponsor) must notify the instructor at least two weeks prior to the date of the planned absence. At that time the instructor will set a date and time when make-up assignments will be completed.

Social Security and FERPA Statement

It is the policy of The University of Texas at Tyler to protect the confidential nature of social security numbers. The University has changed its computer programming so that all students have an identification number. The electronic transmission of grades (e.g., via e-mail) risks violation of the Family Educational Rights and Privacy Act; grades will not be transmitted electronically.

Emergency Exits and Evacuation

Everyone is required to exit the building when a fire alarm goes off. Follow your instructor’s directions regarding the appropriate exit. If you require assistance during an evacuation, inform your instructor in the first week of class. Do not re-enter the building unless given permission by University Police, Fire department, or Fire Prevention Services.

Student Standards of Academic Conduct

Disciplinary proceedings may be initiated against any student who engages in scholastic dishonesty, including, but not limited to, cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student or the attempt to commit such acts.

i. “Cheating” includes, but is not limited to:

  • copying from another student’s test paper;
  • using, during a test, materials not authorized by the person giving the test;
  • failure to comply with instructions given by the person administering the test;
  • possession during a test of materials which are not authorized by the person giving the test, such as class notes or specifically designed “crib notes”. The presence of textbooks constitutes a violation if they have been specifically prohibited by the person administering the test;
  • using, buying, stealing, transporting, or soliciting in whole or part the contents of an unadministered test, test key, homework solution, or computer program;
  • collaborating with or seeking aid from another student during a test or other assignment without authority;
  • discussing the contents of an examination with another student who will take the examination;
  • divulging the contents of an examination, for the purpose of preserving questions for use by another, when the instructors has designated that the examination is not to be removed from the examination room or not to be returned or to be kept by the student;
  • substituting for another person, or permitting another person to substitute for oneself to take a course, a test, or any course-related assignment;
  • paying or offering money or other valuable thing to, or coercing another person to obtain an unadministered test, test key, homework solution, or computer program or information about an unadministered test, test key, home solution or computer program;
  • falsifying research data, laboratory reports, and/or other academic work offered for credit;
  • taking, keeping, misplacing, or damaging the property of The University of Texas at Tyler, or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct; and
  • misrepresenting facts, including providing false grades or resumes, for the purpose of obtaining an academic or financial benefit or injuring another student academically or financially.

ii. “Plagiarism” includes, but is not limited to, the appropriation, buying, receiving as a gift, or obtaining by any means another’s work and the submission of it as one’s own academic work offered for credit.