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Model Penal Code

Assignments

Monday, August 25:

K: 73-78 (starting with Dudley) D: Chapters 1-3
H: Topic 1 ("The Common Law and the Penal Code")(pp. 2-7)
H: Topic 2 ("Theories of Punishment")(p.8)
H: Cases 1 ("Responsibility")(pp. 63-64)

Wednesday, August 27:

K: 182 (starting with Martin) - 192 D: Chapter 9
M: § 1.13 (pp. 4-5) § 2.01 (p. 6)
(Note that Model Penal Code §§ 1.13 and 2.01 can also be found in the back of your casebook in K: 1080-81)

Wednesday, September 3:

K: 192-207

H: Topic 3 (“Proposed Bad Samaritan Law: First Draft”) (p. 9)
H: Recent Cases 2 (“Omissions”) (pp. 65-66)
H: Recent Cases 3 (“The Kitty Genovese case”) (pp. 67-73)

M: § 1.13 (pp. 4-5); § 2.01 (p. 6)
(Note that Model Penal Code §§ 1.13 and 2.01 can also be found
in the back of your casebook in K: 1080-1081)

Monday, September 8:

K: 213-223 D: Chapters 10 and 11

H: Topic 4 (“Analyzing Crimes Under the Common Law and the Model Penal Code”)
(pp. 10-25)
H: Topic 5 (“Problems with the Model Penal Code”) (pp. 26-31)
H: Recent Cases 4 (“Motive vs. Intent”) (pp. 74-76)

M: §§ 1.13 (9)-(10) (pp. 4-5); § 2.02 (1); §§ 2.02 (2) (a)-(d); §§ 2.02 (3)-(4) (pp. 7-9)
(Note that Model Penal Code §§ 1.13 (9)-(10) and 2.02 (1)-(4) can also be found in the back of your casebook in K: 1080-1082).

**Be sure to read Dressler’s chapters first, before reading the casebook.

Wednesday, September 10:

K: 223-229 (Please focus on the exercises on pages 226-227).

M: §§ 1.13 (9)-(10) (pp. 4-5); § 2.02 (1); §§ 2.02 (2) (a)-(d); §§ 2.02 (3)-(4) (pp. 7-9)
(Note that Model Penal Code §§ 1.13 (9)-(10) and 2.02 (1)-(4) can also be found in the back of your casebook in K: 1080-1082)

Monday, September 15:

K: 234-239 (down to Olsen)
D: Chapters 12 and 13
H: Topic 6 (“Mistake of Fact and Mistake of Law” (pp. 32-37)
H: Topic 7 (“Mismatches of Mens Rea and Actus Reus”) (pp. 38-41)
M: §§ 2.02 (1) - (4) (pp. 7-9), § 2.04 (p. 12)
(Note that Model Penal Code §§ 2.02 (1) - (4) and § 2.04 can also be found in the back of your casebook).

Be sure to read Dressler’s chapters first, before reading the casebook.

Wednesday, September 17:

K: 239-243 (down to B (A Minor))

Monday, September 24:

K: 267 (starting with Marrero) - 275 (ending with Cheek)
279 (starting with note 1) - 284
288-290 (The "Cultural Defense")
M: §§ 2.02 (1) - (4) (pp. 7-9), § 2.04 (p. 12)
(Note that Model Penal Code §§ 2.02 (1) - (4) and § 2.04 can also be found in the back of your casebook).

Wednesday, September 26:

K: 291-311 (down to Notes)
D: Chapter 33 (excluding §§ 33.06-33.07)
H: Recent Cases 5 (“Rape of Women by Men”) (pp. 77-81)
H: Recent Cases 6 (“Sexual Assault of Men by Women or by Men”) (pp. 82-98)
M: §§ 213.0 - 213.6 (pp. 53- 59), §§ 2.02 (1) - (4) (pp. 7-9), § 2.04 (p. 12)
(Note that all Model Penal Code sections can also be found in the back of your casebook).

Monday, September 29:

K: 311 (starting with Notes) - 323 (ending with Note), 342-348 (ending with Notes on Mistake)
M: §§ 213.0 - 213.6 (pp. 53- 59), §§ 2.02 (1) - (4) (pp. 7-9), § 2.04 (p. 12)
(Note that all Model Penal Code sections can also be found in the back of your casebook).

Wednesday, October 1:

K: 348 (starting with Notes) - 354 (ending with A Statutory Solution), 373 - 385 (down to and including Note 2 on p. 385)
D: Chapter 31
H: Topic 8 (“Criminal Homicide: From the Common Law to the Model Penal Code”)
(pp. 42-43)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 213.0 - 213.6 (pp. 53- 59), (pp. §§ 2.02 (1) - (4)
(pp. 7-9), § 2.04 (p. 12)
(Note that all Model Penal Code sections can also be found in the back of your casebook).

Please note: If you do not want to be called on to discuss a rape case, let me know either by phone or by e-mail. You need not explain why.

Monday, October 6:

K: 385 (starting with Note 3) - 398 (down to Note 4 on page 398)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.)

Wednesday, October 8:

K: 398 (starting with Note 4 on p. 398) - 410, 418 (starting with Williams) - 421 (down to Notes)
H: Recent Case 7 (pp. 99-103)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.

Monday, October 13: Columbus Day (School holiday)

Tuesday, October 14: A Monday schedule

K: 421 (starting with Notes) - 430, 433 (starting with note 3) - 435,
438 (starting with Stamp) - 446
H: Topic 9 (“Common Law Felony Murder”) (pp. 44-47)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.)

Wednesday, October 15:

K: 447-457 (ending with Introductory Note)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.)

Monday, October 20:

K: 457 (starting with Note) - 466
H: Recent Case 8 (“Felony Murder”) (pp. 104 - 114)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.)

Wednesday, October 22:

K: 499-508 & ftn. 54 on p. 484, 509-510, 518 (starting with note 2) - 523
D: Chapters 14 (causation) and 15 (concurrence of elements)
H: Topic 10 (“The Emphasis on the Result Element”) (p. 48), Topic 11 (“Methods of Execution by State”) (p 49), and Recent Case 9 (“The Death Penalty”) (p. 115)
M: §§ 210.0 - 210.6 (pp. 39-48), §§ 2.02 (1) - (4) (pp. 7-9)
(Note that all Model Penal Code sections can also be found in the back of your casebook.)

Monday, October 27:

K: 523-533, 737-749
D: Chapters 16-19 (all on defenses)
H: Topic 12 (“Self Defense: Limits on the Use of Deadly Force”) (p. 50) and Recent Case 10 (“Self Defense”) (p. 124)
M: All relevant Model Penal Code sections

Wednesday, October 29:

K: 750-769 (down to Notes), 774-776
M: All relevant Model Penal Code sections

Monday, November 3:

K: 777-786 (down to Ceballos), 798-801 (ending with Notes)
D: Chapters 22 (necessity) and 23 (duress)
M: All relevant Model Penal Code sections

Wednesday, November 5:

K: 833-843 (down to Fleming), 850 (starting with Intoxication) - 860 (down to Kingston)
D: Chapter 24 (intoxication)
M: All relevant Model Penal Code sections

Monday, November 10:

K: 869 (starting with Notes) - 885 (down to note 6), 897-902
D: Chapters 25 (insanity) and 26 (diminished capacity)
H: Topics 13 (“The Different Tests of Insanity” ) (p. 53), Topic 14 (“The Defenses”) (p. 56), Recent Case 11 (“The Insanity Defense”) (p. 129)
M: All relevant Model Penal Code sections

Wednesday, November 12:

K: 544-558
D: Chapter 27 (attempts)
M: All relevant Model Penal Code sections

Monday, November 17:

K: 575-582, 592 (starting with Mens Rea) - 597 (down to Notes and Questions)
D: Chapter 30 (complicity)
H: Topic 15 (“A Problem on Attempted Arson”) (p. 59), Topic 16 (“Complicity Under the Common Law and the Model Penal Code”) (p. 60), Recent Case 12 (“Attempt and Preparation”) (p. 134), and Recent Case 13 (“Impossibility”) (p. 143)
M: All relevant Model Penal Code sections

Wednesday, November 19:

K: 610 (starting with McVay) - 630 (down to Notes)
M: All relevant Model Penal Code sections

Monday, November 24:

K: 668 (beginning with Notes) - 671 (ending with Notes), 677-679 (ending with Bridges), 690-700 (down to Notes)
D: Chapter 29 (conspiracy) (excluding § 29.07)
H: Topic 17 (“Conspiracy Under the Common Law and the Model Penal Code” (p. 61)
M: All relevant Model Penal Code sections

Wednesday, November 26:

Thanksgiving (University Closed)

Monday, December 1:

Review of my two most recent prior exams, and answering questions from the class. This class, which is mandatory, will be held at the same time and place as your regular Monday class session.

Wednesday, December 3:

Review of my other recent prior exams and answering questions from the class. This class, which is mandatory, will be held at the same time and place as your regular Wednesday class session.

Mock criminal law exam from 4:00 pm until 6:00 pm in Room 311. Because of the extraordinary space limitations in this building, this was the only time and place I could find to administer the exam on a Wednesday. There will be another professor’s class in Room 311 before 3:50 pm and another professor’s class starting at 6 pm on December 3, so it will be necessary for everyone to be in their seats and ready to begin the exam precisely at 4:00 pm to enable you to have two full hours. For the mock exam, I will be giving you the two-hour essay portion of my fall 2007 exam, which I purposely withheld from your Handbook on Criminal Law. Please take note that participation in the mock exam is optional.

Thursday, December 4:

Optional review session: 4:00 pm - 6:00 pm in Room 430 BC.

Monday, December 8:

Optional review session: 10:00 am - noon in Room 430 BC. After this review session any and all communications between us will end until I have submitted your grades to the Registrar’s Office. If you have a question or concern after this point, please contact Dean Nitza Escalera at x 6818.

Wednesday, December 10:

Your criminal law exam at 1:30 pm. Details to follow.

Newspaper Articles

December 1, 2008 Questions and Answers