Instructor: John Sullivan, J.D.

Contact Information John Sullivan Phone:

Grading Discussion Boards: 1. Postings demonstrate critical thought 2. Postings are in the 100-word range, 3. At least 2-postings made per discussion thread (one in response to question and one responding to another student’s posting), 4. All postings made prior to the conclusion of each unit. It should be noted that you will not be able to post messages after the conclusion of each unit.

Grading Seminars Try to be on time. Try to participate as much as possible. In seminars we should vigorously debate the points but make sure to stay on topic. Use net etiquette. You are required to remain respectful of others at all times.

Grading Papers There are four papers and a Powerpoint Project in this course. They are not very long, but they are worth over half of the total points for the course. Unit 2, Unit 4, Unit 6 (Powerpoint), Unit 7, Unit 9. Good news, there is no midterm in Unit 5/

Grading Unit 2 paper: Words, about one page on criminal intent. (90 points) Unit 4 paper: 2-4 pages on Elements of Attempt Murder and impossibility defense. (90 points) Unit 6 project: 4 Slides of Content Powerpoint about a case you research concerning federal and state jurisdiction. (90 Points). Unit 7 paper: 3-4 pages on the Juvenile death penalty (80 points) Unit 9 Final: 3-5 pages discussing various crimes (110 points)

Grading The moral of the story is start working on these papers now. This is not a class where you can fall way behind and catch up easily. You should plan to use the midterm week to work ahead on your Unit 6,7 and 9 assignments.

Unit 1: The Nature, Purpose, and Constitutional Context of Criminal Law and Actus Reus Post Introduction (Course Home) Attend Seminar Read Chapters 1 & 4 Respond to Discussion Question & other student’ responses Review Supplemental Material in Unit 1 Take Quiz

SURVIVAL OF THE FITTEST

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” Declaration of Independence, 1776

COMMON LAW Originated with Judges/Courts in England Adopted by Judges in the United States Most States replaced Common Law with Criminal Codes

Criminal Law or Civil Law? Some have defined Criminal law as those laws prohibiting conduct that will result in the “formal and solemn pronouncement of the moral condemnation of the community.” Civil Laws are those laws that primarily deal with wrongs committed against an individual rather than against society’s interests.

Criminal Law or Civil Law The Burden of Proof, Can anyone tell me the different burdens of proof in Civil cases and Criminal cases?

Criminal Law or Civil Law Civil Law cases only have to be approved by a preponderance of the evidence. Criminal Law cases require proof beyond a reasonable doubt.

Criminal Law Professors Jerome Hall14 and Wayne R. LaFave15 identify the basic principles that comprise the general part of the criminal law. Think of the general part of the criminal law as the building blocks that are used to construct specific offenses such as rape, murder, and robbery.

Criminal Law Criminal Act. A crime involves an act or failure to act. You cannot be punished for bad thoughts. A criminal act is called actus reus. Criminal Intent. A crime requires a criminal intent or mens rea. Criminal punishment is ordinarily directed at individuals who intentionally, knowingly, recklessly, or negligently harm other individuals or property. Concurrence. The criminal act and criminal intent must coexist or accompany one another/

Criminal Law Causation. The defendant’s act must cause the harm required for criminal guilt, death in the case of homicide, and the burning of a home in the case of arson. Responsibility. Individuals must receive reasonable notice of the acts that are criminal so as to make a decision to obey or to violate the law. In other words, the required criminal act and criminal intent must be clearly stated in a statute.

Criminal Law Defenses. Criminal guilt is not imposed on an individual who is able to demonstrate that his or her criminal act is justified (benefits society) or excused (the individual suffered from a disability that prevented him or her from forming a criminal intent).

Different Categories of Crime Why is it necessary to categorize crime? How do we classify crimes?

Felony or Misdemeanor Felonies are punishable by more than a year in jail or death. Some felonies are referred to as capital felonies – they are the offenses that can result in the death penalty or life in prison in those States that do not have the death penalty. Misdemeanors are punishable up to a year in jail.

Mala in se. / Mala Prohibita Mala in se = crimes that are inherently evil Mala Prohibita = crimes considered wrong only because they are prohibited by statute

Can anyone give any examples of mala in se crimes? Can anyone give any example of mala prohibita crimes?

Property Crimes / Crimes against the Person Property Crimes = Burglary, criminal damage, trespassing, theft, forgery, etc. Crimes Against the Person = Murder, manslaughter, rape, battery, assault, kidnapping, false imprisonment, sexual offenses, robbery, etc.

Classification of Crimes The textbook is organized in accordance with the subject matter of crimes, the scheme that is followed in most state criminal codes. There is disagreement, however, concerning the classification of some crimes. Robbery, for instance, involves the theft of property as well as the threat or infliction of harm to the victim, and there is a debate about whether it should be considered a crime against property or against the person.

Classification of Crimes Why does it matter? Does it matter? What do you think?

Classification of Crimes Felony v. Misdemeanor A felony can really ruin your life. A misdemeanor usually can be expunged.

Classification of Crimes Sex Crimes and Sex Offender Registration This has become a real problem that Criminal Justice professionals across the country are trying to deal with. Can anyone think of why?

Classification of Crimes Jaycee Dugard- Kidnapped at 11 years old and kept in a California Backyard for 18 years. Why didn’t the police raid the backyard of this convicted rapist when they learned there were kids in it? Because his rape conviction was not for the rape of a child and the classification did not prevent him from having contact with children.

Classification of Crimes What about an 18 year old having sex with a 16 year old? Is this person a sex offender? How do we classify it?

Substantive Law / Criminal Procedure Can anyone tell me the difference?

Good Luck I am here to help. This is a very interesting course and we cover a lot of ground. This course is the foundation for much of what you will do with your career at Kaplan and beyond. Please do not hesitate to contact me with any concerns or questions.

Unit 1: The Nature, Purpose, and Constitutional Context of Criminal Law and Actus Reus Post Introduction (Course Home) Attend Seminar Read Chapters 1 & 4 Respond to Discussion Question & other student’ responses Review Supplemental Material in Unit 1 Take Quiz