8/18/03 – Administrative
Business, about TWEN, preview of the class, what we will study
8/19/03 – What is a crime? Hart’s
four conditions for an effective criminal law, Dershowitz’s Rules of the
Justice Game, burden
of proof, the Winship doctrine, the meaning of
8/25/03 – Theories
of punishment, why we punish, distributive justice, utilitarianism,
differences between the theories, The
Queen v. Dudley and Stephens
8/26/03 – Model Penal Code §1.02,
v. Du, United
States v. Jackson
8/29/03 – The principle of
v. Mochan, the doctrine of lenity, Keeler
v. Superior Court
9/2/03 – In re Banks,
the “Peeping Tom” statute, the abominable
and detestable crime against nature, the
crime of ogling
“Beginning to build the house”, actus reus, the elements of a crime, Martin v.
State, punishing thoughts, time framing, voluntary acts, State v.
Utter, the Model Penal
Code on “acts”, People v. Decina, two forms of omission liabilty
9/8/03 – People
v. Beardsley, Barber
v. Superior Court, questions to ask about a voluntary act or omission, social harm
9/9/03 – Mens rea,
v. Cunningham, People v.
Conley, transferred intent (and why it’s stupid), general versus
9/12/03 – Model Penal
Code § 2.02, problems on culpability
9/15/03 – State v.
States v. Morris, the Model Penal
Code approach to culpability (§ 2.02)
9/16/03 – People v.
Navarro, mistake of fact analysis, Regina v. Prince and the
“moral wrong” doctrine, the “legal wrong” doctrine, People v.
Marrero and mistake of law, the Model Penal
Code approach to mistake (§ 2.04)
The Weiss statute, Cheek
v. United States, textual analysis of statutes
v. State, actual cause, proximate cause, Kibbe v.
Henderson, coincidental and responsive intervening causes, the intended
Criminal homicide, State v.
Schrader, the Model Penal Code on criminal homicide, Schrader in Michigan,
Midgett and Forrest
9/26/03 – Girouard
v. State, malice, adequate provocation, the reasonable man, Director
of Public Prosecutions v. Camplin
9/29/03 – People v.
Casassa, extreme mental or emotional disturbance at common law and in
the Model Penal Code, O Pioneers! and some exam advice
Unjustified risks, Berry
v. Superior Court, express and implied malice, the Learned Hand formula
in criminal law, “substantial and unjustifiable risk”, State v.
Hernandez, some issues of evidence
10/3/03 – A
police interrogation, State v.
felony-murder rule, People v.
The “inherently dangerous felony” limitation – People
v. Burroughs, note 4A, the “independent felony” or “merger” limitation
v. Smith, note 2, the writing assignment
v. Alston, social science
10/17/03 – State v. Rusk
trial, comparison to past “trials”, the adversarial system and cognitive
dissonance, why this wasn’t realistic, the jury process, strategy, judging the
victim, the resistance requirement, the common law rule of resistance
Estrich again, T.S. Eliot problem, Susan Ager—The Incident, Commonwealth
10/21/03 – State
of New Jersey in the Interest of M.T.S., the New
Jersey statute, statutory interpretation,
“permission”, “freely given”
Rape and mistake of fact, Commonwealth
v. Sherry, rape shield laws
Categories of defenses, self-defense,
notes on Peterson,
four theories of justification
Model Penal Code § 3.04, People v.
Goetz, what is a reasonable belief?
10/31/03 – State
v. Norman, the Model Penal Code formulation of self-defense
Justification defenses, Nelson v. State, the Model Penal Code on
necessity: § 3.02, Model Penal Code commentary, The Queen v. Dudley and
Stephens, hypotheticals, pp. 547-548
11/4/03 – Excuse,
States v. Contento-Pachon, People v.
More on People v.
Anderson, Ted Bundy, insanity
11/10/03 – A
hypothetical, excuse defenses – a laundry list, new excuses, rotten
social background defense, cultural defenses, State v.
Inchoate offenses, conspiracy and solicitation, attempt, McQuirter v. State,
how much punishment? Objectivism versus
subjectivism, People v. Gentry
Actus reus of attempt, tests for
attempt, drawing the preparation-perpetration line, State v. Reeves
Defenses to attempt, People v. Thousand, Jaffe, factual
impossibility versus legal impossibility
11/21/03 – State v.
Hoselton, common law versus the Model Penal Code, People v.
12/1/03 – State v.
Foster, State v.
Linscott, natural and probable consequences doctrine
Presence, State v. Vaillancourt, Wilcox v. Jeffery, State v.
Helmenstein, People v. Genoa
12/4/03 – Bailey v. Commonwealth, State v. Hayes,
12/8/03 – People v. McCoy, conspiracy
liability, Pinkerton v. United States, Kotteakos v. United States
12/9/03 – What Dressler looks for
on tests, the exam instructions, the exam itself, exam taking do’s and don’ts,
outlining on the exam, writing an exam question, multi-party cases, multi-crime
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