Criminal Law
LAW 506 Section 2
Peter D. Garlock
1. The casebook for the course is Kadish, Schulhofer, Barkow, Criminal Law and its Processes (10th ed., 2017). You must have the 10th ed.; no other edition will do, and you must have a hard copy of the casebook, not electronic. The CSU bookstore has ample used copies of the 10th ed. for purchase or rental.
2. Before our first class read the Course Syllabus, which I will send to you as an email attachment during the week before classes begin. I will also place hard copies at the library circulation desk.
For Monday, Jan. 9: Introduction; Purposes of Punishment
(1) Read for background: Casebook, 1-mid 18, mid 23-top 25, 81-top 89
(2) For class discussion: Excerpt by Greenawalt, Punishment (which I will send you as an email attachment, and which will also be appended to the hard copy of the Syllabus)
(3) For class discussion: Read in the casebook in the following order (and see Questions below):
(a) Why Punish? Utilitarianism and Deterrence: 96-99, mid 118-121 (up to n.4)
(b) Retribution, Retaliation, Vengeance: bott 99-102 (up to Note), mid 105 (from Note)-108, 138-mid 141
(c) Mixed Theories: bott 113-mid 116
Wednesday, Jan. 11: Culpability: Actus Reus-Voluntary Action
157, mid 221-top 234
Questions for Monday: What are the characteristics of 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 bases of these theories, how should the sentencing Problem (108) be decided? What about Jackson (138)?