|
|
WEEK
I |
|
|
Introduction |
Read
11-15, 18-20, 38-40, 59-69 |
|
A.Proof
Beyond Reasonable Doubt
B.Evidentiary
Burdens
C.
Role of Jury
|
, |
|
|
WEEK
2 |
|
|
Establishing
Culpability |
|
|
A.
Actus Reus
|
Read
171-181 |
|
1.Comission
v omissions
|
Read
181-191 |
|
2.
Exceptions to general rule
|
Read
191-200 |
|
|
WEEK
3 |
|
|
B.
Mens Rea
|
|
|
1.Introduction
to Concepts: Code and Common Law
|
Read
204-208 |
|
2,
Baseline Requirements: to each material element
|
Read
209-215 |
|
3.
General Intent v. Specific Intent
|
Read
215-220 |
|
|
WEEK
4 |
|
|
Defenses
to Mens Rea |
|
|
A.
Ignorance and problem of deliberate ignorance
|
Read
220-226 |
|
B.
Mistake of fact in mal in se crimes
|
Read
226-234 |
|
1.
Strict Liablity -- and its limits
|
Read
235-247 |
|
|
WEEK
5 |
|
|
a.Strict
Liability as to
b.
Actus Reus 7 c.Academic Debate
|
Read
247-250, 254-257 |
|
C.
Mistake of Law as a Defense to Mens Rea
1.
General Rule of No defense
|
Read
257-265 |
|
a.Exception
when negates mens rea
|
Read
265-270 |
|
|
WEEK
6 |
|
|
b.Requirement
of wilful when affirmitive law
|
Read
274-277, 281-282 |
|
2.
Special issue Cultural Defense
|
|
|
Crimes:
Rape: Overview of Elements |
Read
320-330 |
|
A.
Mens Rea as to Consent
1.
Relation to Mistake of Fact
|
|
|
a.
Debate
|
Read
331-332 |
|
|
WEEK
7 |
|
|
B.Actus
Reus: Force and Threat
|
Read
333-342 |
|
Crimes:
Homicide -- overview of grades |
Read
385-395 |
|
A.
Premeditation and Murder
|
Read
394-405 |
|
B.
Manslaughter intentional
|
Read
405-408 |
|
|
WEEK
8 |
|
|
1.
Provocation and justification for defense
|
Read
409-416 |
|
2.
Maher Approach: factual question
|
Read
416-420 |
|
3.
Code Approach
|
Read
420-425, 427-430 |
|
4.
Diminished Capacity
|
Read
431-436 |
|
|
Week
9 |
|
|
C.
Unintentional Homicide: Crim. v. Civil and gross Negligence
|
Read
437-442 |
|
1.
Subjective v. Objective Measure
|
Read
445-456 |
|
D.
Unintentional Murder
|
Read
456-462 |
|
|
Week
10 |
|
|
Felony
Murder Rule |
Read
468-476 |
|
A.
Limitations: Inherently Dangerous
B.
Independent Predict offense
|
Read
481-485, 488-492 |
|
Causation |
Read
547-564 |
|
|
Week
11 |
|
|
Attempt |
Read
581-593 |
|
A.Mens
Rea and Requirement of Purpose
|
|
|
B.
Actus Reus and Line Between Preparation and Attempt
1.Proximity
Test
|
Read
593-600 |
|
a.
abandonment as Defense
|
|
|
2.
Last Step
3.
Equivocality
4.
Code
|
Read
601-614 |
|
|
Week
12 |
|
|
Defenses
and Excuses
A.
Self-Defense and Elements
1.
Special Case of Battered Women or Men
|
Read
801-807, 809-820 |
|
B.
Necessity Defense
|
Read
860-868 |
|
C.
Excuse of Duress
|
Read
896-909 |
|
|
Week
13 |
|
|
D.
Insanity Defense
|
Read
929-934 |
|
1.
Code Approach v. Traditional
a.
eliminating mens rea all crimes
|
Read
945-949,
1028-1039 |
|
|
Week
14 |
|
|
Why
Do we Punish |
Read
102-125, 131-136 |
|
A.
Are traditional justifications coherent?
|
|
|
B.
What to Punish?
|
Read
153-162 |
