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Fall 2021 Course Syllabus
Course: CRIJ-1310- Section: 71 Fundamentals of Criminal Law |
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| Instructor Information | |||||||||||
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| Instructor | Doneane Beckcom | ||||||||||
| beckcomde@lamarpa.edu | |||||||||||
| Phone | (409) 984-6548 | ||||||||||
| Office |
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| COVID 19 Information | The Lamar State College Port Arthur (LSCPA) Student Code of Conduct COVID 19 Policy requires students who have been exposed to COVID 19 or diagnosed with COVID 19 to report their condition on the COVID 19 Notification Form (available via a link on the Student Code of Conduct COVID19 webpage). This information will be provided to the Dean of Student Services. In addition, this policy requires all students to wear face coverings in compliance with the criteria included in the policy. For more information please refer to the COVID 19 link on the LSCPA website. | ||||||||||
| Course Information | |||||||||||
| Description | This course is the study of criminal law including application of definitions, statutory elements, defenses and penalties using Texas statutes, the Model Penal Code, and case law. The course also analyzes the philosophical and historical development of criminal law and criminal culpability. | ||||||||||
| Prerequisites | None | ||||||||||
| Learning Outcomes |
Course Learning Outcomes: 1. Describe the History and Philosophy of the American Criminal Justice System. 2. Explain the nature and extent of Crime in America. 3. Analyze the impact and consequences of crime. 4. Evaluate the development, concepts, and functions of law in the criminal justice system. 5. Describe the structure of contemporary federal, state, and local justice agencies and processes. |
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| Core Objectives |
* Communication skills: Students will demonstrate effective written, oral and visual communication. * Critical Thinking Skills: Students will engage in creative and/or innovative thinking, and/or inquiry, analysis, evaluation, synthesis of information, organizing concepts and constructing solutions. * Empirical and Quantitative Skills: Students will demonstrate applications of scientific and mathematical concepts. * Teamwork: Students will demonstrate the ability to work effectively with others to support a shared purpose or goal and consider different points of view. * Social Responsibility: Students will demonstrate intercultural competency and civic knowledge by engaging effectively in local, regional, national and/or global communities. * Personal Responsibility: Students will demonstrate the ability to connect choices, actions and consequences to ethical decision-making. |
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| Program Student Learning Outcomes | |||||||||||
| Textbooks |
Textbook Purchasing Statement: A student attending Lamar State College Port Arthur is not under any obligation to purchase a textbook from the college-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer.
Criminal Law, 13th Edition Thomas J. Gardner Terry M. Anderson ISBN-10: 1285458419 | ISBN-13: 9781285458410 |
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| Lecture Topics Outline |
Chapter 1: Criminal Law: Purposes, Scope, and Sources Important Concepts In Criminal Law Substantive Criminal Law Criminal Law and Moral Law Goals and Purposes of Criminal Law The Permissible Scope of Criminal Laws in the United States The Use and Limitations of the Police Power to Maintain Public Order The Principle of “No Punishment Without a Law for It” Classifications of Crimes Felony and Misdemeanor General Constitutional Limitations on Criminal Laws Ex Post Facto Laws Bills of Attainder The Second Amendment and Gun Control Due Process, “Void for Vagueness,” and the “Overbreadth” Doctrine Status Crimes Equal Protection of the Laws Sources of Criminal Law Common Law Crimes Statutory and Administrative Crimes Summary Case Analysis and Writing Exercises Chapter 2: Jurisdiction Jurisdiction of the Federal Government to Enact Criminal Laws The Commerce Clauses Federal Crimes Frequently Used to Support State and Local Enforcement The Federal Domain—One-Third of America Nation-to-Nation Jurisdiction International Criminal Law Jurisdiction of the Sea Approaches to the Continental United States The Crimes of Piracy, Felonies Committed on the High Seas, and Offenses Against the Law of Nations The Military, Martial, and War Powers Jurisdiction of the Federal Government Jurisdiction of Military Courts When U.S. Citizens or Military Are in a Foreign Country The Use of National Guard Troops and Curfews to Assist Police with Riots and Disorders The Crime of the Improper Use of National or State Guard Troops Indian Tribes Within the United States Summary Case Analysis And Writing Exercises Chapter 3: Essential Elements of a Crime True Crimes and Strict Liability Crimes Crimes Requiring Proof of Mental Fault Actus Reus: The Forbidden Act or Omission Mens Rea: The Guilty Mind Proving Criminal Intent or Criminal State of Mind The Requirement of Scienter The “Willful Blindness” Rule The Motive for Committing a Crime Strict Liability Crimes Strict Liability Laws That Seek to Protect Children Proximate Cause or Causation The Ancient Year-and-a-Day Murder Rule Possession Alone as a Crime The Possession Of Illegal Contraband Inference The Use of Presumptions and Inferences in Criminal Law Functions of Presumptions and Inferences The Presumption That All Persons Are Sane, Normal, And Competent Summary Case Analysis And Writing Exercises Chapter 4: Criminal Liability Preliminary, Anticipatory, and Inchoate Crimes Solicitation or Incitement to Commit a Crime Conspiracy to Commit a Crime The Requirement of an Overt Act The Crime of Attempt Impossibility in Attempt Cases Parties to the Principal Crime Theories of Criminal Liability Liability for Crimes Other than the Planned and Intended Offense: Conspiracy Post-Crime Offenses Summary Case Analysis and Writing Exercises Chapter 5: Criminal Responsibility and the Capacity to Commit a Crime Ancient Concepts of Criminal Responsibility Infancy and Criminal Responsibility The Juvenile Court System The Insanity Defense Insanity at the Time of the Criminal Incident Tests Used to Determine Insanity The M’Naghten Case and the “Right and Wrong” Test The “Product-of-Mental-Illness Rule” and “Irresistible Impulse” The Model Penal Code “Substantial Capacity” Test The Plea and Verdict of Guilty but Mentally Ill Mental Conditions That Do Not Satisfy the Insanity Defense The Defense of Diminished Capacity The Requirement of Competency to Stand Trial The Criminal Liability of Corporations Summary Case Analysis and Writing Exercises Chapter 6: The Law Governing the Use of Force Self-Defense and the Defense of Others The Use of Deadly Force in Self-Defense or the Defense of Others Loss of Self-Defense Privilege for a Wrongdoer or an Aggressor The “Castle” Doctrine and the Minority Duty-to-Retreat Exception to That Doctrine Battered Women and Domestic Homicides The Use of Force in the Defense of Property The Use of Force in Making an Arrest Using Reasonable Force to Obtain Evidence of Drunk or Drugged Driving Standards for the Use of Deadly Force Established by the U.S. Supreme Court Use of Force in Resisting an Unlawful Arrest The Use of Tasers and Other Force in Traffic Stops Disciplining Children Summary Case Analysis and Writing Exercises Chapter 7: Other Criminal Defenses Affirmative Defenses Immunity as a Defense Diplomatic Immunity Legislative Immunity Witness Immunity Mistake or Ignorance of Fact as a Defense Strict Liability Crimes and the Defense of Mistake Mistake or Ignorance of Criminal Law Intoxication or Drugged Condition as a Defense Duress, Coercion, or Compulsion as a Defense Necessity or Choice of Evils Defense Can One Kill to Save Oneself? Alibi as a Criminal Defense Alibi Notice Statutes The Defense That the Defendant Was Acting Under the Authority, Direction, or Advice of Another The Defense of Double Jeopardy The Times When Jeopardy Attaches Prosecution by Both State and Federal Governments The Meaning of “Separate Offense” Entrapment and Outrageous Government Conduct as Defenses The Defense That Another Person Committed the Crime The Right to a Speedy Trial as a Defense The Statute of Limitations as a Defense Summary Case Analysis and Writing Exercises Chapter 8: Criminal Punishments Punishments Used in Early England Practices Used in England to Avoid Severe Penalties Punishment Used in Early America The Constitutional Limitation on Punishment Sentencing and Jury Trials Corporal Punishment The Use of Corporal Punishment in Schools The Use of Corporal Punishment in Prisons Capital Punishment Death Penalty Laws After Furman v. Georgia Imprisonment as Punishment Can Indigents Be Held in Jail to Work Off Their Money Fines? Fines and Forfeiture as Punishment Career Criminals and the Repeat Offender “Three Strikes” Laws Summary Case Analysis and Writing Exercises Chapter 9: Free Speech, Public Order Crimes, and the Bill of Rights Belief—Speech—Action: When Speech May Be Regulated The “Clear and Present Danger” Test Fighting Words When Does Vulgar, Insulting Language to a Police Officer Constitute Fighting Words? Convictions Upheld Convictions Overturned Obscene Communications Inciting and Urging Unlawful Acts Defamation: Libel and Slander Symbolic Speech and the First Amendment Flag Burning and Cross Burning as Symbolic Speech Threats of Violence as Crimes Using the U.S. Mail, Telephones, the Internet, Or E-Mail to Threaten Another Person Bullying: Not A Crime, but It Can Consist of Criminal Conduct Loud Noise or Nuisance Speech Regulating the Use of Public and Private Places The Crimes of Unlawful Assembly and Rioting Obstruction of the Law Enforcement Process Public Nuisances as Civil or Criminal Offenses The Crime of Stalking and Violation of Protective Orders Crime on City Streets Gun Ownership and Registration Laws Regulating Guns After Heller The Free Exercise of Religion The Right of Privacy Summary Case Analysis and Writing Exercises PART TWO: CRIMES AGAINST THE PERSON Chapter 10: Homicide Homicide in General The Corpus Delicti Requirement Proving Corpus Delicti in “No Body” Cases Body Without Proof of the Cause of Death Cases The Common Law “Born Alive” Requirement and the Crime of Feticide (Fetal Murder) Proof That the Victim Was Alive at the Time of the Defendant’s Unlawful Act When Is a Person Legally Dead? The Causation Requirement Causation and Proximate Cause The Year-and-a-Day Rule Murder Intent-to-Kill and Premeditated Murder The “Deadly Weapon” Doctrine Transferred Intent Intent-to-Do-Serious-Bodily-Harm Murder Depraved-Mind or Depraved-Heart Murder Felony Murder Manslaughter Definition of Manslaughter Voluntary Manslaughter Heat of Passion Manslaughter Imperfect or Unlawful Force in Self-Defense Charged as Manslaughter Involuntary Manslaughter Suicide, Assisting Suicide, and Euthanasia Murder, Suicide, or Neither? The Oregon “Death with Dignity” Law Summary Case Analysis and Writing Exercises Chapter 11: Assault, Battery, and Other Crimes Against the Person The Crime of Assault Assault with a Deadly or Dangerous Weapon Battery Offensive Touching Under Sexual Assault and Sexual Battery Statutes Sports Injuries When Force Exceeds the Rules of the Game Other Physical Contact Without Consent Felonious and Aggravated Assaults and Batteries Mayhem and Malicious Disfigurement Hate Crime Laws Child Abuse and Neglect Offenses Against the Liberty of a Person: Kidnapping Kidnapping and Hostage Taking False Imprisonment Parental Kidnapping or Child Snatching The National Child Search Assistance Act Family Violence and Disturbances Domestic Violence and Women Abuse of the Elderly Violence in the Workplace Road Rage: Violent Aggressive Driving Summary Case Analysis and Writing Exercises Chapter 12: Sexual Assault, Rape, Prostitution, and Related Sex Crimes Sexual Relations in the United States Today Rape or Sexual Assault The Importance of Corroborative Evidence in a Rape Case Possible Responses to a Threat of Rape The “Force” Required in Rape or Sexual Assault The Report of Rape Rule and the Effect of Delay in Reporting Rape Shield Laws Statutory Rape The Crime of Incest HIV and AIDS-Related Crimes Laws That Require Registration for Sex Offenders (Megan’s Law) Civil Commitment of Sexually Dangerous Offenders Prostitution The Crimes of Procuring, Promoting, and Pimping for the Practice of Prostitution Crimes That Require Proof That the Crime Was Committed in a Public Place Touching or Other Conduct Done to Arouse Sexual Desire Protecting Children Against Sexual Exploitation: Child Pornography Movies, Videos, and Photographs “Sexting,” and Nude Photos of Children Taken by Family Members Voyeurism and Other Criminal Invasions of Privacy Summary Case Analysis and Writing Exercises PART THREE: CRIMES AGAINST PROPERTY Chapter 13: Theft General Property Concepts Theft or Larceny The Taking Defining What Property Can Be Stolen Property of Another Intent to Steal Shoplifting Taking and Carrying Away in Shoplifting Proving the Crime of Shoplifting When the Suspect Has Not Left the Store The Requirement of Probable Cause Based on Personal Knowledge Criminal or Civil Prosecution of Shoplifters? Other Retail Theft Crimes Fraudulent Use of Credit Cards Credit Card Theft and Obtaining Credit Cards and Bank Cards for Fraudulent Use Check Violations The Crime of Uttering The Crime of Forgery Operations of Check-Forging Rings Passing Forged Checks and Other Counterfeit Securities in Interstate Commerce Check Kiting Summary Case Analysis and Writing Exercises Chapter 14: Robbery, Burglary, and Related Crimes Robbery Changes in Bank Robbery Distinguishing Robbery from Theft or Larceny Carjacking: A New Name for an Old Crime Home Invasion Robberies Purse Snatching, Pickpocketing, and Other Thefts from a Person Extortion Extortion by Intimidation Burglary Breaking Unlawful Entry Into Premises The Dwelling House of Another Nighttime Intent to Commit a Felony Proof of Burglary When Other Crimes Are Committed The Crime Of Trafficking In Stolen Goods The Fence And Fencing Stolen Property When Property Loses Its Character As Stolen Goods Possession Of Criminal Or Burglary Tools Destroying or Damaging the Property of Another Trespass The Crime of Defiant Trespass Summary Case Analysis and Writing Exercises Chapter 15: White-Collar Crime, Cybercrime, and Commercial Crime White-Collar Crime Fraud and Fraudulent Practices Bank Fraud Health Care Fraud Intellectual Property Fraud Fraud and Corruption in Government Stock Market and Financial Market Frauds Other Fraud Statutes in the Federal Criminal Code The Crime of Identity Theft and False Identification Documents Counterfeiting of Money and Commercial Products Counterfeiting of Currency Other Counterfeiting Problems Computer Crime or Cybercrime Arson Essential Elements of Arson Product Tampering Summary Case Analysis and Writing Exercises PART FOUR: OTHER CRIMINAL CONDUCT Chapter 16: Drug Abuse and Alcohol-Related Crimes Drug Abuse The Frightening Drug Problem Illegal Drug Users Drug Laws in the United States The Uniform Controlled Substances Act Types of Possession of Controlled Substances To Convict of Possession of an Illegal Drug, Must the State Present a "Usable Amount" as Evidence? Delivery of Controlled Substances State–Federal Clash over the Medical Use of Marijuana Controlled Substances Used in Religious Ceremonies Drug Rip-Off Cases and Simulated Drugs Criminal Liability for Drug-Induced Deaths Possession or Sale of Drug Paraphernalia Alcohol-Related Crimes Alcohol’s Relation to Crimes and Deaths Drunk Driving: The Criminal Homicide Causing the Most Deaths Elements and Defenses in Drunk-Driving Prosecutions “Booze It and Lose It” Laws When Is a Person Driving, Operating, or “In Physical Control” of a Vehicle? Summary Case Analysis and Writing Exercises Chapter 17: Terrorism Terrorism Early Terrorist Acts International and Domestic Terrorism in Recent Years Criminal Charges Against Terrorists Terrorism, Terrorist Threats, and Support of Terrorism The 804 Terrorism Prosecutions from 2001 to 2009 Where Did the 804 Persons Charged Come From? What Were the Most Common Categories of Criminal Charges Brought by the Prosecutors? What Conduct Constituted a Violation of a “Terrorist Statute”? What Conduct Constituted Violation of “National Security Statutes”? Were Terrorism Actions Used for Sentence Enhancement Purposes? What Conduct Did the Study Include Under “Domestic Terrorism”? How Many Prosecutions Involved Weapons of Mass Destruction? Financing Terrorism: Where Does The Money Come From? Moving Money into and out of the United States International Criticism of Aspects of the U.S. War Against Terrorism Summary Case Analysis and Writing Exercises Chapter 18: Organized Crime and Gangs Organized Crime and Criminal Gangs Federal and State Laws Passed After 1970 to Fight Organized Crime Limits on Federal Jurisdiction and RICO Prosecutions The Federal Witness Protection Program and the Crime of Witness Tampering The Crime of Money Laundering Transactions Covered by the Federal Money Laundering Statutes Currency Transaction Reports and the Crime of Smurfing Other Criminal Laws Used to Fight Gangs and Organized Crime The Travel Act Extortion Bribery Kickbacks Mail Fraud Honest Services Fraud Summary Case Analysis and Writing Exercises Chapter 19: Immigration Crimes, Contempt, and Other Crimes Against Government Immigration Crimes Criminal Charges for Illegal Immigration Offenses Contempt Civil Contempt Criminal Contempt Contempt Is a Specific Intent Crime That Requires Proof of Intentional Wrongdoing Language by a Witness or Attorney That Would Justify a Contempt Finding Contempt and the Crime of Failure to Appear (Bail Jumping) Crimes By Public Officials Some Crimes Committed by Public Officials and Others Crimes Against Government Espionage Obstruction of Justice Tax Evasion Other Criminal Violations Summary Case Analysis and Writing Exercises |
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| Major Assignments Schedule |
We will typically cover two chapters per week. Since this class is online, you are able to move through the materials at your own pace; however, it is not suggested that you get more than one chapter ahead. There are approximately 13 weeks of instruction in the semester to allow for review for finals. We are covering 19 chapters in the textbook, so this is about two chapters per week. You will need to keep up with the reading and discussion assignments each week or you WILL get behind! There will be a written discussion board assignment each week from the topic of each chapter/week. Discussion posts are due every Friday at NOON, no exceptions (unless Blackboard goes down). Your responses will be graded for accuracy, writing proficiency, and content. This is a way for us to do writing assignments for a grade while developing good writing and communication skills. You will receive more instruction for each discussion assignment as each one is posted. Tests will generally occur every 4 weeks throughout the semester, with a review prior to each exam. You will be given the dates the test will be open and when it will close at least one week prior so that you can plan accordingly. Tests will cover: Test 1: chapters 1 - 4 Test 2: chapter 5 - 9 Test 3: chapters 10 - 15 Final: chapters 16 - 19 |
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| Final Exam Date | December 6, 2021 - 8:00 AM Through December 10, 2021 - 12:00 PM | ||||||||||
| Grading Scale | 90 - 100=A 80 - 89=B 70 - 79=C 60 - 69=D Below 59 = F | ||||||||||
| Determination of Final Grade |
Tests - 70% Discussions (blackboard) - 30% Your lowest graded non-final test will be dropped from your grade calculation, if you miss a test that grade will be dropped. |
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| Course Policies | |||||||||||
| Instructor Policies | The best way to reach me is by email. If you would like to see me in person please schedule an appointment. | ||||||||||
| Attendance Policy | As this is an online class, you MUST log into the course on Blackboard at least once per week to be counted present for the week. Regular prompt attendance is required. Excessive absences will result in reduced grades and/ or failure. You must enter into discussions, answer questions posed, engage in discourse with the instructor and post information that demonstrates a knowledge of the subject matter being examined when discussions are posted. ANSWERS ARE REQUIRED AND WILL BE GRADED. Answers simply agreeing with or acknowledging the statement, unless followed by an extensive explanation, are not acceptable. In addition you must demonstrate that your answers are academically related to the subject matter. | ||||||||||
| Academic Honesty | Academic honesty is expected from all students, and dishonesty in any form will not be tolerated. Please consult the LSC-PA policies (Section IX, subsection A, in the Faculty Handbook) for consequences of academic dishonesty. | ||||||||||
| Facility Policies |
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| Important Information | |||||||||||
| ADA Considerations | The Americans with Disabilities Act (ADA) is a federal anti-discrimination statute that provides comprehensive civil rights for persons with disabilities. Among other things, this legislation requires that all students with disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation, please contact the the Office for Disability Services Coordinator, Room 231, in the Madison Monroe Building. The phone number is (409) 984-6241. | ||||||||||
| MyLSCPA | Be sure to check your campus E-mail and Course Homepage using MyLSCPA campus web portal (My.LamarPA.edu). When you've logged in, click the email icon in the upper right-hand corner to check email, or click on the "My Courses" tab to get to your Course Homepage. Click the link to your course and review the information presented. It is important that you check your email and Course Homepage regularly. You can also access your grades, transcripts, and determine who your academic advisor is by using MyLSCPA. | ||||||||||
| Other | The best way to reach me is via email to beckcomde@lamarpa.edu. In emergencies you may text me 409-718-8613. Example of an emergency: while taking an online test blackboard or internet crashes. DO NOT TEXT ME AFTER 7PM OR BEFORE 7AM PLEASE!! | ||||||||||
| HB 2504 | This syllabus is part of LSC-PA's efforts to comply with Texas House Bill 2504. | ||||||||||
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