Instructor: Phyllis B. Gerstenfeld, J.D., Ph.D.
Office: C213G
Phone: 667-3229
Email: phyllisg@toto.csustan.edu

Required Reading: The required readings are on reserve in the library. It is strongly recommended that you make copies of the readings for your personal use.

Course Purpose and Objectives:
This course will consist of small amounts of lecturing combined with large amounts of discussion and analysis. Students will be expected to:
o Describe the historical roots of American Criminal Law, especially British common law
o Describe the ways in which American Criminal Law has deviated from its common law origins
o Recognize and critically analyze the major issues in modern criminal law, and understand how those issues are reflective of society's concerns in general
o Critically analyze the major constitutional and policy considerations of criminal law today
o Understand the ways in which society and criminal law affect one another
o Critically examine the likely future of criminal law, and propose ways in which criminal law ought to change to meet current and future needs

Grading:
Grades in this course will be based on the following criteria:
Midterm:  30%
Final Exam:  30%
Term Paper:  40%

90 to 100 points A
80 to 89 points  B
70 to 79 points  C
60 to 69 points  D
below 60 points F
 

Exams: Each exam will consist of essay questions on topics from class discussions and readings. Students will be expected to demonstrate a thorough understanding of the material, as well as the ability to critically analyze relevant issues.

Study questions

Term paper: Each student will choose, with the instructor's approval, a contemporary topic in criminal law. A few examples of such topics might be gun control legislation, "three strikes" laws, hate crime laws, or curfews. The student will write an approximately 20-page paper which describes the topic's scope and history, summarizes the relevant research and case law, and discusses the policy issues. The paper will be typed (double-spaced) and will contain a references page with at least 5 scholarly references in proper format. This paper is due May 15.

In addition, each student will choose published readings on the topic which total approximately 20 printed pages. The other students will be given these readings at least two weeks in advance, and then each student will lead a class discussion on his or her topic.

Other requirements: Students will be expected to attend all classes, unless extraordinary circumstances prevent them from doing so. They will also be expected to participate actively and meaningfully in class discussions. Students who do not meet these requirements will not receive a passing grade in the course.

Modern "Conveniences":

Cell Phones, Beepers, etc.:
It is annoying and distracting when cell phones and other electronic marvels beep, ring, or otherwise sound out in class. This is inconsiderate to both the instructor and your classmates. If you must bring one of these to class, turn off the sound. Anyone whose gizmo makes noise in class will be required to complete an extra assignment of the instructor’s choosing; failure to complete the assignment in a satisfactory way will adversely affect your grade.

FAX, email, etc.:
All papers MUST be turned into the instructor in hard copy format. Papers will NOT be accepted via FAX, email, or floppy disk. However, you are welcome to contact the instructor via email if you have any questions about the class or the assignments.

Week One: Introduction and review of general principles of criminal law
Date: February 20
Readings:

• Raymond, W.D. Jr., & Hall, D.E. (1999). California criminal law and procedure, pp. 23-79. Albany, NY: West.
• Weaver, R.L., Burkoff, J.M., Hancock, C., Reed, A., & Seago, P.J. (1998). Readings in criminal law, pp. 1-13; 130-134. Cincinnati: Anderson.

Week Two: Historical roots of American Criminal Law---Common law in Britian and America
Date: February 27
Readings:

• Terrill, R.J. (1999). World criminal justice systems (4th Ed.), pp. 1-11; 49-71. Cincinnati: Anderson.
• Friedman, L.M. (1993). Crime and punishment in American history, pp. 19-58. New York: Basic Books.

Weeks Three and Four: Whom do we punish?—Criminal liability, "special" defendants, corporate defendants, and criminal defenses
Dates: March 6 & 13
Readings:

• Assorted articles on juvenile justice
• Assorted articles on corporate crime
• Robinson, D.N. (1996). Wild beasts and idle humors, pp. 141-182. Cambridge, MA: Harvard.

Week Five: What do we punish?—The choice of which acts to criminalize
Date: March 20
Readings:

• Merlo, A.V., & Benekos, P.J. (2000). What's wrong with the criminal justice system: Ideology, politics, and the media, pp. 1-28. Cincinnati: Anderson.
• Walker, S. (2001). Sense and nonsense about crime and drugs: A policy guide (5th ed.), pp. 3-25. Belmont, CA: Wadsworth.

Week Six: Midterm Exam
Date: March 27

Week Seven and Eight: Constitutional and policy issues of modern criminal law
Date: April 10-17
Readings:

• Dorsen, N. (2000). Flag desecration in courts, congress, and country. T. M. Cooley L. Rev., 17, 417-442.
• Sedaghati, L. (2001). Megan's Law: Does it serve to protect the communinity or punish and brand sex offenders? J. Legal Advoc. & Prac., 3, 27-39.
• Adler, A. (2001). The perverse law of child pornography. Colum. L. Rev., 101, 209-273.

Week Nine and Ten: The future of American criminal law
Date: April 24-May 1
Readings:

• Thomas, D. & Loader, B.D. (Eds., 2000). Cybercrime, pp. 1-13. New York: Routledge.
• Katyal, N. K. (2001). Criminal law in cyberspace. U. Pa. L. Rev., 149, 1003-1114.
• Combs, C.C. (1997). Legal perspectives on terrorism, pp. 148-168. Upper Saddle River, NJ: Prentice Hall.
• Assorted articles on counter-terrorism laws.

Weeks Eleven and Twelve: Student presentations on contemporary criminal law topics
Dates: May 8-May15
Readings:

• TBA

Week Thirteen: Final Exam
Date: May 22

CJ Home Page
Courses Page