Cal Northern School of Law

CAL NORTHERN SCHOOL OF LAW

SYLLABUS: FALL 2015 - SPRING 2016 (Revised)

COURSE: Criminal Law

COURSE NO: 102 A/B

TIME: Tuesdays - 6:30 pm to 9:30 pm

PROFESSOR: Kory L. Honea, Attorney at Law

Office Hours: Immediately following class and by appointment.

Phone: (530) 538-6759

E-Mail :

REQUIRED TEXT & MATERIALS:

California Criminal Law – Cases, Problems and Materials (2nd Edition)

By John E.B. Myers

West Academic Publishing (2015)

COURSE DESCRIPTION:

Criminal Law is a course which provides the law student with the fundamental knowledge of criminal law based on the common law and on modern California criminal law. The course will examine the definitions of crimes and defenses to crimes. The students will learn how to apply the criminal law principles to common legal issues.

COURSE GOALS AND STUDENT LEARNING OUTCOMES

Course Goals:

I. Doctrinal Knowledge

a. Substantive Law

b. Underlying policy and jurisprudence

II. Critical Thinking

a. Statute & Case Analysis – comprehending and evaluating arguments, comparing and contrasting cases, and synthesizing law

b. Problem Analysis – application of law to new factual contexts

c. Problem Solving – creative thinking, analogizing, recognizing policy objectives

III. Communication Skills

a. Oral/Written Communication – Ability to orally and/or in writing present factual information and to persuasively argue the law as applied to facts

IV. Professionalism

a.  Ethical obligations, appropriate demeanor, rules of civility

STUDENT LEARNING OUTCOMES:

Specific student learning outcomes shall include the following:

1. Students will demonstrate an understanding of the rules and requirements of Criminal Law under the both the Common Law and the modern California statutory modifications.

2. Students will identify and explain underlying public policy concerns as it relates to the topic.

3. Students will demonstrate the ability to analyze cases and/or statutes.

4. Students will demonstrate the ability to apply the law to new factual contexts using the traditional IRAC format.

GRADING: The student’s final grade will be based upon a combined total of the midterm examination, the final examination and completion of all the assigned written case briefs and simulated problems:

·  Midterm Examination (1) – consisting of two essay questions, each accounting for 12.5% of your grade, for a total of 25%.

·  Final Examination (1) – consisting of two essay questions, each accounting for 25% of your grade, for a total of 50%.

·  Written Case Briefs (50) – Completion of all written case briefs will account for 5% of the overall grade.

·  Simulated Problems (10) – Completion of all simulated problems will account for 20% of the overall grade.

ATTENDANCE: Attendance will be taken at the beginning of each class and submitted immediately. Regular and punctual attendance is required. The school’s policy for attendance should be consulted if there are questions.

CLASS: Class instruction will involve lecture, discussion of assigned reading materials, case analysis, practical exercises and ongoing assessment of the student’s mastery of key concepts. Please be prepared to participate in class discussion by having read and/or completed the assigned course work. Class participation is required in order to achieve Course Goal and Student Learning Outcomes II and III.

KEY TO SUCCESS:

In 1860, while in the practice of law, Abraham Lincoln was asked what he believed to be the “the best mode of obtaining a thorough knowledge of the law.” In response, Lincoln said, “the mode is very simple, though laborious and tedious. It is only to get the books, and read and study them carefully….work, work, work is the main thing.”

ASSIGNMENT KEY:

1)  Reading assignments are found in the California Criminal Law – Cases, Problems & Materials text book.

2)  Written case briefs are also assigned from the text book. Use the format found in Attachment “A”

3)  Simulated assignments will be provided in class. Students will need to research and complete the assignment and be prepared to present the assignment in class.

FALL SEMESTER 2015

DATE / TOPIC / SUBJECT MATTER / ASSIGNMENT / OBJECTIVE
11/3 / Class overview, Outline &
Chapter 1- Intro to Criminal Law / Read Chapter 1
Case Brief(s):
People v. Barao - pg.33 / I, II, III, IV
11/10 / Chapter 1(cont.)
Simulated Problem 1
“Draft a Criminal Complaint” / Complete & Discuss
Simulated Problem 1
(see pgs. 24-25) / I, II, III
11/17 / Chapter 2 - Actus Reus
Simulated Problem 2
“Draft PC 995 Motion” / Read Chapter 2
Case Brief(s):
In re David W. – pg.50
People v. Ross – pg.52
People v. Newton – pg.55
Complete & Discuss
Simulated Problem 2
(see People vs. Hernandez
90 Cal. App. 3d 309) / I, II, III
11/24 / Chapter 3 - Mens Rea
Simulated Problem 3
“Draft a Trial Memo” / Read Chapter 3
Case Brief(s):
In re Jorge M. – pg.75
Complete & Discuss
Simulated Problem 3 / I, II, III
12/1 / Chapter 4 – Causation
Simulated Problem 4
“Draft Proximate Cause Memo” / Read Chapter 4
Case Brief(s):
People v. Dawson – pg.90
Complete & Discuss
Simulated Problem 4
(see U.S. v. Pineda
614 F.3d 1019) / I, II, III
12/8 / No Class
Winter Recess
12/14/2015 – 01/14/2015 / I, II, III

SPRING SEMESTER 2016

DATE / TOPIC / SUBJECT MATTER / ASSIGNMENT / OBJECTIVES
1/5 / Chapter 5 – Criminal Homicide
(Homicide, Murder, Felony Murder Rule, Degrees of Murder, Depraved Heart Murder,
Manslaughter, Involuntary and Voluntary)
Simulated Problem 5
“Pick a Death Penalty Jury” / Read Chapter 5
Pgs. 97 - 153
Case Brief(s):
People v. Taylor–pg.108
State v. Sophopone-pg.116
Girourd v. State-pg.132
People v. Berry-pg.136
Walker v. Sup. Ct.-pg.141
People v. Mehserle-pg.144
Complete & Discuss
Simulated Problem 5 / I, II, III
1/12 / Chapter 6 – Rape & Sex Offenses
Simulated Problem 6
“You be the Judge” / Read Chapter 6
Case Brief(s):
People v. Ireland-pg.160
People v. Barnes-pg.166
Complete & Discuss
Simulated Problem 6 / I, II, III
1/19 / Chapter 7 – Accomplice Liability / Read Chapter 7
Case Brief(s):
People v. Beeman-pg.188
People v. McCoy-pg.192
U.S. v. Figueroa-pg.197
People v. Medina-pg.201
People v. Ogg-pg.204
People v. Rolon-pg.208
State v. Helmenstine-pg.213 / I, II, III
1/26 / Chapter 7 – (cont.)
Simulated Problem 7
“Motion for New Trial” / Complete & Discuss
Simulated Problem 7 / I, II, III
2/2 / Chapter 8 – Incohate Crimes
(Solicitation & Conspiracy) / Ready Chapter 8
Pgs. 217 – 242
Case Brief(s):
Comm. v. Azim-pg.221
People v. Swain-pg.222
People v. Lauria-pg.230
Pinkerton v. U.S.-pg.235
People v. Zielesch-pg.237 / I, II, III
2/9 / Chapter 8 – (cont.)
(Attempt) / Ready Chapter 8
Pgs.242-271
Case Brief(s):
People v. Staples-pg.244
People v. Decker-pg.248
People v. Smith-pg.255
People v. Stone-pg.259
People v. Pham-pg.262 / I, II, III
2/16 / Chapter 8 – (cont.)
Simulated Problem 8
“Diagram a Conspiracy”
Class Led Midterm Review / Complete
Simulated Problem 8
Prosecution vs. Defense
Team Presentations
Review for Midterm / I, II, III
2/23 / MIDTERM EXAMINATION / III
3/1 / Midterm Review
Chapter 9 – Defenses
(Mistake of Fact, Mistake of Law, and Ignorance of Law) / Read Chapter 9
Pg.273-311
Case Brief(s):
Dixon v. U.S.-pg.281
People v. Navarro-pg.284
People v. Lawson-pg.285
People v. Mayberry-pg.290
Ppl v. Hernandez-pg.296
People v. Hana-pg.299
People v. Chacon-pg.306 / I, II, III
3/8 / Chapter 9 – (cont.)
(Self-Defense, Defense of Others, Defense of Property, Necessity, Duress and Intoxication) / Read Chapter 9
Pg.311-357
Case Brief(s):
U.S. v. Peterson-pg.311
Ppl v. Humphery-pg.326
Ppl v. Randle-pg.334
Nelson v.State-pg.339 / I, II, III
3/15 / NO CLASS – SPRING BREAK
3/22 / Chapter 9 – (cont.)
(Insanity, Entrapment, Infancy and Cultural Defense)
Simulated Problem 9
“Self-Defense Memo” / Read Chapter 9
Pg.357-404
Case Brief(s):
People v. Mills-pg.357
State v. Johnson-pg.362
Clark v. Arizona-pg.368
Sorrels v. U.S.-pg.378
U.S. v. Cromitie-pg.382
Ppl v. Watson-pg.392
Ppl v. Romero-pg.398
Complete
Simulated Problem 9
Discuss in Class / I, II, III
3/29 / Chapter 10 – Theft & Robbery / Read Chapter 10
Case Brief(s):
People v. Williams-pg.405
People v. Davis-pg. 408
People v. Bell-pg. 412
People v. Williams-pg.415
People v. Mungia-pg.420
People v. Ashley-pg.425
People v. Davis-pg.463 / I, II, III
4/5 / Chapter 11- Sentencing
Butte County Jail & DRC Tour
CLASS TO MEET IN OROVILLE / Read Chapter 11 / I
4/12 / Discussion of Sentencing Law
Chapter 10 – (cont.)
Simulated Problem 10
“Bottomry & Repondentia Contract Fraud” / Complete & Discuss
Simulated Problem 10 / I, II, III
4/19 / Class Led Final Examination Review / I

Attachment A

Case Brief Format - Example

Student’s Name

Chapter 1

People v. Barao (2013) 218 Cal. App. 4th 769

Procedure:

Defendant appealed his conviction at trial after the trial court refused to accept a negotiated plea bargain and denied the prosecution’s motion to amend the information.

Facts:

Defendant was charged with murder and other offenses related to robbery and carrying a weapon. Defendant was a “three strikes” offender. The prosecutor and defense counsel entered into a plea agreement under which the defendant would plead guilty to voluntary manslaughter and other offenses, and accept a prison term of 41 years. The trial judge refused to approve the agreement and the case went to trial. The defendant was convicted of second degree murder and other offenses. The trial judge sentenced the defendant to 75 years to life in prison.

Issue:

Did the trial court err by refusing to approve the plea agreement and was the plea bargain barred by PC 1192.7?

Holding:

Trial court did not err, because it was barred by PC 1192.7 and would have resulted in a drastic reduction in the possible sentence.

Crim Law Syllabus Revised, Page 1 of 6