Criminal Law
LAW 506 Section 5, 6
Peter D. Garlock
1. The casebook for the course is Kadish, Schulhofer, Steiker, & Barkow, Criminal Law and its Processes (9th ed., 2012) You must have the 9th ed.; no other edition will do. The CSU bookstore has ample used copies of the 9th ed. for purchase or rental.
2. Before class pick up a copy of the Course Syllabus at the front desk of the Student Services Center and read it carefully. The Syllabus should be available by Friday, Jan. 8.
For Tuesday, Jan. 12: Introduction; Purposes of Punishment
(1) Read for background: Casebook, 1-top 12, mid 17-top 19, 75-82.
(2) For class discussion: Excerpt by Greenawalt, Punishment, appended to the course Syllabus.
(3) For class discussion, read in Casebook in the following order:
(a) Utilitarianism and Deterrence: bott 89-mid 93, mid 111-113 (thru n.3)
(b) Retribution, Retaliation, Vengeance: mid 93-top 96, 99-top 102,130-top 133
Questions: What are the characteristics of retributive and utilitarian theories of punishment? What criticisms might be made of these theories? Would you consider yourself primarily a utilitarian or a retributivist? Why? On the basis of these theories, how should the sentencing Problem (p. 101) be decided? What about Jackson (p. 112)?
For Thursday, Jan. 14: Culpability--Actus Reus
Casebook, 149, 205-top 218