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First Assignment Spring 2015

Criminal Law

LAW 506 Section 2

Peter D. Garlock


Assignment details

1. The casebook for the course is Kadish, Schulhofer, & Steiker, Criminal Law and Its Processes (8th ed., 2007). You must have the 8th ed. (not the 9th ed.). The CSU bookstore will have ample used copies of the 8th ed., and I assume copies are available on line as well.

2. Before class pick up a copy of the Course Syllabus on the front counter of the Student Services Center and read it carefully. The Syllabus is available today, Wednesday, Jan. 7.

3. For Monday, Jan. 12: Introduction; Purposes of Punishment

(1) Read for background: Casebook, 1-10, bott 15-top 17, 67-mid 73.

(2) For class discsussion: Excerpts by Greenawalt, Punishment, and Moore, The Moral Worth of Retribution, appended to the Course Syllabus. 

(3) For class discussion: Casebook, 79-top 82, 85-mid 86, mid 91-95, 112-114.

Questions: What are the characteristics of retributionist and utilitarian theories of punishment? What criticisms might be made of these theories? Would you consider yourself primarily a utilitarian or a retributionist? Why? On the basis of these theories, how should the sentencing Problem (p. 85) be decided? What about Jackson (p. 112)?

4. For Wednesday, Jan. 14: Culpability--Actus Reus: Casebook, 133, 182-192