The Ohio State University Moritz College of Law

Criminal Law Fall 2016 Professor Douglas A. Berman

COURSE DESCRIPTION

Course Materials and Assignments:

!Kaplan, Weisberg & Binder, Criminal Law: Cases & Materials (7th ed. 2012)

!Additional materials at class blog (

!Sections of the Model Penal Code (which appear in Appendix B of the text, pp. 1051-1102)

!Sections of theOhio Revised Code (criminal law provisions will be distributed in handouts)

A course outline is attached to this memo, which gives you an overview of the topics to be covered in this class. In addition, you should also have picked up a detailed (partial) syllabus, which lists the assignments for the first part of the semester. A second assignment sheet will be distributed later in the term.

On reserve,you can findUnderstanding Criminal Law by Professor Joshua Dressler, the secondary source that I recommend if you seek another presentation of the materials and ideas discussed in class. In my view, avoiding commercial outlines and similar study aids, especially during your first year, will actually enhance your chances for success in law school.

Class Time and Participation:

!We are in Room 245 meeting Monday/Wednesday/Friday from 1:30B2:45pm

!Attendance and participation are essential; quality participation requires preparation

(I subscribe to the Class Attendance Policy announced in accordance with College Rule 11-05.)

!Each class runs 75minutes to Amake up@ time for future class cancellations

I will expect everyone to be prepared and ready to participate in class, and I will call upon a number of students each class to help develop our discussion of the assigned materials. In addition, voluntary participation is both encouraged and expected; it will also significantly decrease (though not eliminate) the possibility of being called upon in any particular session.

When circumstances leave you unprepared, give me a note before class and I will be sure not to call on you that session. If submitted infrequently, this note requires no explanation; but you will need to provide some reason if you are often unprepared (or regularly absent).

I would appreciate a concerted effort on your part to arrive to class on time. I will reciprocate by making a similar effort to end class on time at 2:45pm. We will have the occasional (sometime optional) extended class or extra class in part to “make up” for classes that may be cancelled later in the semester (all of which will be announced way in advance– so, for example, I am now announcing that we will probably have our class extended until 3:30pm on August 26 and September 16).

Exam(s) and Grading:

!The final exam will be open-book and last between three and four hours

!A mid-term exam and class participation will comprise up to 35% of your final grade

!Grades will conform to the College=s grade distribution policy

Your final grade will be based primarily upon your performance on the final exam, though your performance on the mid-term exam and through class participation could improve your final grade considerably. I will provide more specifics about all grading matters as the semester progresses. The mid-term is now tentatively scheduled for in-class on Wednesday, October 12.

Class participation can improve your grade on the basis of truly distinguished participation through the semester. ADistinguished participation@ relates to the quality and not the quantity of a student=s comments; penetrating insights offered once a week are greatly preferred over pedestrian commentary offered each day. Class participation will not result in the lowering of one’s grade, unless a student disregards the rules regarding attendance and preparation (see above).

Finding Me:

!Room 313

!Phone: (614) 688-8690

!E-mail:

!Office Hours: Monday afternoons from 3:00B4:00pm, and by appointment

In addition to my formal office hours, I will try to be available immediately following our class meetings. You should also feel free to stop by my office at any time during the school day, though my availability can only be ensured with an appointment. In the case of an absolute emergency, you may try to reach me at home (614-760-8734) if you cannot find me at the College.

A Word of Advice:

!RELAX!!

Despite the horror stories, law school can and should be both enlightening and enjoyable. With your help (and as long as we do not get too stressed or start taking ourselves too seriously), I am confident that this class can achieve these goals.

I look forward to working with all of you and getting to know you well this Fall and throughout your coming years as a member of the Moritz College of Law community.

The Ohio State University Moritz College of Law

Criminal Law Fall 2016 Professor Douglas A. Berman

COURSE OUTLINE

I.The Purposes and Limits of Criminal Punishment

A.Forward-Looking, Utilitarian Justifications for Punishment

B.Backward-Looking, Desert-Based Justifications for Punishment

C.Additional Theories and Considerations

II.The Criminal Offense and Requirements for Criminal Liability

A.The Conduct Requirement

1.Requiring an Actus Reus

2.Omissions

3.Voluntariness

B.The Guilty Mind Requirement

1.Requiring a Mens Rea

2.Categories of Culpability

3.Mistakes

4.Capacity

C.Causation

III.Specific Offenses

A.The Law of Homicide

1.Intentional Homicide Offenses

2.Unintentional Homicide Offenses

B.The Law of Rape

IV.Defenses

A.Assessing and Distinguishing Justification and Excuse

B.Defensive Force

C.Necessity and Duress

D.Insanity

V.Attribution of Criminality

A.Attempt

1.Ascribing Mens Rea and Actus Reus

2.Impossibility

B.Complicity

C.Conspiracy