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Instructor: John Sullivan, J.D.
GradingDiscussion 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.
GradingSeminarsTry 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.
GradingPapersThere 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/
GradingUnit 2 paper: 300-500 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)
GradingThe 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 SeminarRead Chapters 1 & 4Respond to Discussion Question & other
student’ responsesReview Supplemental Material in Unit 1Take Quiz
SURVIVAL OF THE FITTEST
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 LawThe Burden of Proof,Can anyone tell me the different burdens of
proof in Civil cases and Criminal cases?
Criminal Law or Civil LawCivil Law cases only have to be approved by a
preponderance of the evidence.Criminal Law cases require proof beyond a
reasonable doubt.
Criminal LawProfessors 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 LawCriminal 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 LawCausation. 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 LawDefenses. 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 CrimeWhy is it necessary to categorize crime?
How do we classify crimes?
Felony or MisdemeanorFelonies 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 CrimesThe 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 CrimesWhy does it matter?
Does it matter?
What do you think?
Classification of CrimesFelony v. Misdemeanor
A felony can really ruin your life.A misdemeanor usually can be expunged.
Classification of CrimesSex 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 CrimesJaycee 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 CrimesWhat 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 LuckI 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 SeminarRead Chapters 1 & 4Respond to Discussion Question & other
student’ responsesReview Supplemental Material in Unit 1Take Quiz
