Criminal Law
LAW 506 Section 4, 5
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. 6.
For Monday, Jan. 9: 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 characterisctics or utilitarian and retributive 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. 130)?
For Wednesday, Jan 11: Culpability--Actus Reus
Casebook, 149, 205-top 218