Criminal Law
Spring 2017
Professor Ekow N. Yankah
Syllabus
The following is a tentative schedule of the Criminal Law curriculum for the semester. While rigorous preparation is required, one is cautioned from reading too far ahead, as the syllabus is subject to change as the semester progresses.
Objectives
The objective of this course is primarily to learn and engage in the general law and principles of substantive criminal law. In particular, students will gain knowledge of the principles underlying the definition of crime such as the requirements of actus reus and mens rea. These principles are refined and tested against ideas of liability for omissions and strict liability, deepened in understanding and the principles governing murder and other homicides, in particular, felony murder. The general doctrines of provocation, ignorance of fact and ignorance of law and causation are also explored. Conversely, principles of justification and excuse necessity, intoxication, insanity, diminished capacity are explored. On a deeper level, emphasis is placed on the basic theory of the criminal law and the relationship between doctrines and the various justifications for imposition of punishment as a state power.
Required Materials
Kadish, SchulhoferBarkow, Criminal Law and its Processes: Cases and Materials (10th ed.). Any additions will be announced well in advance or provided during the course of the term.
Office Hours
You are always welcome to drop by my office or to make an appointment to see me, either in person or by e-mail. I can be reached at .
Examination
The examination for Criminal Law will be limited open book. Every student will be permitted to bring in five (5) pages of outline- one sided - or any other material they choose substantially of their own creation. In addition, you will be permitted to bring your text. Additionally, the exam is typically has a word limit that is indicated by instructions.
Class Participation
Class participation is strongly encouraged. Class participation will be measured not merely by frequency, but by evidence of preparation, discipline and insight brought to bear. Class participation may be used to modify one’s grade upwards.
Laptops
Laptops are permitted in class for the purposes of note taking only. Using your computer for other purposes, especially surfing the web, is both distracting and disrespectful to the discussion occurring in the classroom. As the school progresses towards wireless Internet, it is incumbent upon each student to continue to act appropriately and remain respectful of the classroom. If a student is found using their laptop for inappropriate purposes, that student will be asked to close his/her laptop. A second violation will result in that student being excused from the classroom. A third violation will result in that student being prohibited from using a laptop in class for the reminder of the semester. I reserve the right to prohibit all students from bringing laptops to class.
Class 1Voluntariness(pp. 221-234, 1072-1075)
Class 2Acts and Omissions (pp.234-258)
Class 3Causation (pp. 603-619)
Class 4Causation (cont.) (pp. 619-641)
Class 5Fault and Mental States (pp. 258-280)
Class 6Fault and Mental States (cont.) (pp. 280-287, Holloway v. U.S.)
Class 7Mistake of Fact (statutory rape) (pp. 287-303)
Class 8Strict Liability (pp. 303-325)
Class 9Mistake of Law (pp. 325-350)
Class 10Fault for Murder (pp. 451-462)
Class 11Provocation (pp. 462-490)
Class 12 Fault for Manslaughter (pp. 490-517)
Class 13Felony Murder (pp. 517-530)
Class 14Felony Murder (cont.)(pp. 530-552)
Class 15Intoxication (pp. 1004-1018)
Class 16 Rape (pp. 364-396)
Class 17 Rape (pp. 396-426, R. v. Morgan)
Class 18Self-Defense (pp. 869-886)
Class 19 Self-Defense (cont.) (pp. 887-916)
Class 20Self-Defense (cont.) (pp. 916-930)
Class 21Insanity (pp. 1018-1033)
Class 22Insanity (cont.) (pp. 1033-1050)
Class 23Insanity and Diminished Capacity (pp. 1051-1072)
Class 24Fault in Attempt (pp. 641-672)
Class 25Solicitation and Impossibility (pp. 672-690)
Class 26Groups and Accomplices (pp. 691-713)
Class 27Groups and Accomplices (cont.) (pp. 713-727)
Class 28Groups and Accomplices (cont.) (pp. 727-744)
Class 29 Conspiracy(pp. 744-766)
Class 30Conspiracy (cont.) (pp. 766-784)
Class 31Duress (pp. 985-1004)