| dataset_desc |
This document is a comprehensive course outline fo This document is a comprehensive course outline for "Criminal Law" taught by Professor Rachel Barkow during the Spring 2014 semester. The text serves as a structural and substantive guide to the criminal justice system, covering both the theoretical underpinnings and practical applications of criminal law. It begins with a critical analysis of the "Criminal Justice System in the US," focusing on mass incarceration, its disproportionate impact on people of color, and the vast powers held by prosecutors and juries. The outline then transitions into the doctrinal "Building Blocks" of criminal law, such as legality, the elements of an offense (actus reus and mens rea), and the grading of offenses like homicide and rape. Further sections explore complex areas including attempts, group criminality (conspiracy and accomplice liability), general defenses (justifications and excuses like insanity and self-defense), and the imposition of punishment. Throughout, the text integrates key legal cases and policy discussions regarding plea bargaining, jury nullification, and the philosophies of punishment (utilitarianism vs. retribution).
TOPIC 1: MASS INCARCERATION & THE ROLE OF THE PROSECUTOR
KEY POINTS:
Mass Incarceration: The US has a massive prison population with a disproportionate impact on people of color; roughly 33% of African Americans aged 20-29 are under criminal supervision.
Causes: Driven by "tough on crime" policies, the War on Drugs, mandatory minimum sentences, and the private prison industry.
Prosecutorial Discretion: Prosecutors have immense, often unchecked power to decide who to charge, what to charge them with, and whether to offer a plea deal.
Plea Bargaining: 95% of state and 96% of federal convictions result from guilty pleas, not trials.
Trial Penalty: Defendants face significantly harsher sentences if they exercise their right to a trial and lose, effectively coercing pleas.
Key Case: Bordenkircher v. Hayes – The Supreme Court ruled that prosecutors can legally threaten a defendant with a much harsher sentence if they refuse to plead guilty.
EASY EXPLANATION:
The criminal system is currently locking up too many people, especially minorities, largely due to harsh drug laws and the profit motive of private prisons. The most powerful person in the system is often the prosecutor, who can threaten defendants with extremely long prison sentences unless they agree to plead guilty. This means that almost no one actually gets a trial; they just plead guilty to avoid the risk of a disastrous outcome at trial.
TOPIC 2: THE JURY SYSTEM & NULLIFICATION
KEY POINTS:
Right to Jury Trial: Guaranteed by the 6th Amendment for "serious" crimes (potentially punishable by more than 6 months in jail), per Duncan v. Louisiana.
Jury as Safeguard: Juries act as a check on the government and biased judges; they can be more lenient than judges when they disagree with the law.
Jury Nullification: The power of a jury to acquit a defendant who is clearly guilty because they believe the law itself is unjust or the application of the law is unfair.
Key Case: U.S. v. Dougherty – The court held that judges do not have to inform juries of their power to nullify. While the power exists, it is kept secret to prevent "chaos."
EASY EXPLANATION:
Juries are supposed to be the community's shield against government overreach. Technically, a jury can refuse to convict someone even if the evidence proves they broke the law, simply because the jury thinks the law is wrong (this is called nullification). However, judges usually hide this power from jurors because they are afraid it will lead to unpredictable outcomes.
TOPIC 3: THEORIES OF PUNISHMENT
KEY POINTS:
Utilitarianism (Forward-Looking): Punishment is justified only if it creates a greater good for society.
Specific Deterrence: Stopping this criminal from doing it again.
General Deterrence: Scaring everyone else from doing it.
Formula: Punishment is valid if the pain of the penalty outweighs the pleasure of the crime.
Retribution (Backward-Looking): Punishment is justified because the offender "deserves" it.
Focuses on moral culpability and "just deserts."
Regardless of whether it deters future crime, society has a moral imperative to punish wrongdoing.
Incapacitation & Rehabilitation: Locking people up so they can't commit more crimes (Incapacitation) or fixing them so they won't want to (Rehabilitation).
EASY EXPLANATION:
Why do we punish people? There are two main camps. The Utilitarians say we punish to stop future crime (by scaring the criminal or the public). The Retributivists say we punish simply because the person did something bad and deserves to pay for it, regardless of whether it stops future crime.
TOPIC 4: LEGALITY & THE BUILDING BLOCKS OF A CRIME
KEY POINTS:
Legality:
No Retroactive Laws: You cannot be punished for an act that wasn't a crime when you did it (Ex Post Facto).
Vagueness: Laws must be clear so people know what is prohibited. Vague laws allow for arbitrary police enforcement.
Rule of Lenity: If a criminal law is ambiguous, it must be interpreted in favor of the defendant.
Actus Reus (The Guilty Act):
Requires a voluntary bodily movement.
Key Case: Martin v. State – A man cannot be guilty of being "drunk in public" if the police carried him there against his will; the act must be voluntary.
Mens Rea (The Guilty Mind):
The mental state required for a crime (e.g., purposely, knowingly, recklessly, negligently).
Mistake of Fact: If you are honestly mistaken about a fact, you might lack the required intent (e.g., taking someone else's umbrella thinking it was yours).
EASY EXPLANATION:
To convict someone of a crime, the government must follow strict rules. They can't make up new laws to punish old actions (Legality). They must prove the person did a physical action on purpose (Actus Reus)—you can't be punished for just "being" somewhere if you were forced there. Finally, they usually have to prove the person had a "guilty mind" (Mens Rea), meaning they intended to do wrong or were reckless.
POTENTIAL PRESENTATION/DISCUSSION QUESTIONS
Question: If 95% of cases end in plea bargains, does the right to a "trial by jury" still exist in practice, or is it just a theory?
Question: Which theory of punishment do you think is more effective for society: Utilitarianism (deterrence) or Retribution (just deserts)?
Question: Why does the legal system hide the power of "jury nullification" from jurors? Do you think jurors should be explicitly told about this power?
Question: In Martin v. State, the court ruled you can't be guilty of a crime if your physical act wasn't voluntary. Can you think of other situations where someone might be technically "guilty" of an act but lacked the volition to be a criminal?... |