UNIVERSITY OF SOUTHERN MAINE

COLLEGE OF ARTS, HUMANITIES AND SOCIAL SCIENCES

DEPARTMENT OF CRIMINOLOGY

SPRING SEMESTER 2013

COURSE—CRM 340

CLASS NUMBER—6322

INSTRUCTOR—ERIC E. WRIGHT, LECTURER III TIME AND PLACE—THURSDAYS, 5:35-8:05 P. M.

211 Payson Smith Hall

TEXTS:

(1) Criminal Law by Joycelyn M. Pollock, Anderson Publishing Co. (10th ed. 2013).

(2) Maine Criminal Statutes, compiled and edited by John N. Ferdico,

(2012-2013 ed.).

COURSE DESCRIPTION: This course will provide the student with a thorough understanding of

the principles that constitute substantive criminal law. This is not a course in criminal procedure or criminal constitutional law, although we

will talk about those topics to the extent that the form an integral part of substantive criminal law. We will discuss the historical background (particularly the English common law) and modern changes and

implementation of the criminal law in America, with emphasis on the Maine Criminal Code (Title 17-A of the Maine Revised Statutes). Among subjects to be covered will be common law principles, constitutional

requirements affecting the criminal law, criminal liability, mens rea, actus reus, corpus delicti, burdens of proof, affirmative defenses and

burdens, parties to crime, included offenses, inchoate crimes, crimes against persons, property, the family, society, morality, and the justice

system, state of mind defenses, defenses of justification and excuse, and sentencing.

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COURSE OBJECTIVES:

(1) To understand the sources and development of, and reasons for,

principles of modern criminal law. (2) To familiarize the student with the structure and substance of the

Maine Criminal Code and an overview of the Juvenile Code.

(3) To develop awareness of what an individual might appropriately be charged with in particular circumstances. (4) To appreciate defenses available to charged individuals.

(5) To provide a general working knowledge of how a criminal case develops and may be concluded.

(6) To consider the different, and sometimes competing, rationales and justifications for sentencing of criminal offender.

ATTENDANCE:

Students are expected to make every effort attend classes as scheduled, but you are not required to do so. You are adults and can decide for

yourselves what you wish to get out of the course. You obviously will not get as much out of the course if you do not attend. In class you will be encouraged to participate in and contribute to class discussions, and you

cannot participate and contribute if you do not attend. Regular participation, especially quality participation, will be a part of one’s final

grade for the course.

GRADING:

Beginning with the second or third week, there will be roughly biweekly

take-home quizzes. Any material covered in the course up to the time of each quiz, not just material covered since the last quiz, is fair game.

There will be a take-home mid-term examination and a take-home final examination. The final will concentrate primarily on topics covered after the mid-term, but will also include to some extent important concepts

from before the mid-term. The quizzes and mid-term exam will be due at the beginning of the next following class session. (If you are unable to attend a class when a quiz or the midterm is due, you must make

arrangements with me to receive the quiz or exam before the class that you will be missing.) The final exam will be due by 7:15 p. m. on the last

scheduled class date.

You will receive no credit for a quiz or exam not turned in on time.

Because the quizzes and exams are take-homes, there should be a need to consider the possibility of make-ups only in extraordinary

circumstances, and only upon making prior arrangements with me.

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You will earn your grade according to the following:

Class participation: 15% Mid-term exam: 25%

Biweekly quizzes: 25% Final exam: 35%

Should a student do especially well in one or another of the bases for a

grade, such that it seems apparent that the excellent performance better reflects how much one has gotten out of the course, I will weigh that in the student’s favor. You should not take this, however, as any

encouragement that class participation is less valuable. Those who care about such things will readily see that class participation can be an easy

way to add significantly to one’s grade.

Note: A grade of C or better is required to use this course for

Criminology major or minor credit.

PLAGIARISM/CHEATING POLICY:

If I have any doubt that any of you are not completing your quizzes or exams independently, the privilege of the take-home procedure may be terminated. You are not to do your quiz and exam work in consultation

with other students. Students are cautioned that they are required to comply with state law and University policy regarding plagiarism and

cheating. None will be tolerated. Any violation will be taken seriously and dealt with in accordance with established University policy and could result in dismissal from the University system.

WITHDRAWAL AND DROP:

Merely not attending class does not constitute a withdrawal. It is each

student’s responsibility to be aware of deadlines and to drop the course officially through the Registrar’s office.

ACADEMIC SUPPORT INFORMATION:

If you need adaptations or accommodations because of a disability, please let me know as soon as possible. If at any point in the semester

you encounter unusual difficulty with the course or feel you should be performing at a higher level, please consult with me. Students may experience difficult with me. Students may experience difficult in

courses for a variety of reasons. For problems with writing skills or time management, make an appointment to see a student tutor at the The

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Learning Center, Learning Commons, Glickman Library (780-4228).

Help is also available through the Counseling Center, 105 Payson Smith Hall (780-4050), and the Office of Support for Students with Disabilities,

242 Luther Bonney Hall (780-4706).

CONSULTATION: I work regularly at the Maine Bureau of Consumer Credit Protection in

Gardiner. I generally can be reached between 8:00 a. m. and 5:00 p. m. at 624-8517 or at any time on my cell phone, 751-1493, and by e-mail at

eric.e.wright@maine.gov (during business hours) or rlleew66@gwi.net (at home) or wrighte@maine.edu. I welcome your calls or e-mails. If you wish to meet with me on campus, please call or e-mail me to make

arrangements. I will always try to answer questions or be available to discuss issues relating to the course.

CLASS ASSIGNMENTS:

Subject to some modification, based on class discussion and the need for

flexibility, the material to be covered each week is set forth below.

Necessarily, we will not be able to cover every bit of the Maine Criminal Code or other statutes in Maine that define conduct as criminal.

Week 1, January 17th—Origins and purposes of the criminal law; constitutional requirements and limitations; treatment of

juveniles

Pollock, ch. 1, §§ 1.1-1.9, 1.12; Ferdico, 15 M.R.S. §§ 3101-3105-A; 17-A M.R.S. § 1-10-A

Week 2, January 24th—Introduction to Maine Criminal Code; general principles of criminality; causation; burdens of production

and proof; culpable mental states; actus reus; the corpus delicti of crime; corpus delicti rule; affirmative defenses generally; statutes of limitation

Pollock, ch. 1, §§ 1.10, 1.11; ch. 2, §§ 2.1, 2.3-2.8, 2.12;

ch. 3, §§ 3.10, 3.11 Ferdico, 17-A M.R.S. §§ 12, 32-35, 101

Week 3, January 31st—Parties to crime; principals and accomplices; strict and vicarious liability; lesser included offenses; inchoate crimes: conspiracy, attempt, and solicitation

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Pollock, ch. 2, §§ 2.2, 2.9-2.11, ch. 4, §§ 4.1-4.5 Ferdico, 17-A M.R.S. § 13, 13-A, 34, 57, 151-154

Week 4, February 7th—Crimes against persons: assault, elevated

aggravated assault, aggravated assault; criminal threatening;

terrorizing; stalking, reckless conduct crimes; assisted suicide; murder; manslaughter

Pollock, ch. 5, §§ 5.1-5.7 Ferdico, 17-A M.R.S. §§ 201-204, 207-211-A, 213, 752-A

Week 5, February 14th—Crimes against persons: robbery; extortion;

kidnapping; criminal restraint

Pollock, ch. 5, § 5.8; ch. 8, §§ 8.3, 8.6

Ferdico, 17-A M.R.S. §§ 301-303, 355, 651

Week 6, February 21st—Winter vacation Week 7, February 28th—Crimes against persons and society: sexual

offenses and registration; endangering; disorderly conduct; harassment; protection from harassment and domestic

abuse; obscenity Pollock, ch. 6, §§ 6.1-6.7; ch. 9, §§ 9.4, 9.5; ch. 10, §§ 10.1-

10.3, 10.9(B) Ferdico, 17 M.R.S. §§ 2911-2913; 17-A M.R.S. §§ 251, 253-

254-A, 255-A, 501-A-512, 551-556; 5 M.R.S. §§ 4651-4660-A; 19-A M.R.S. §§ 4001-4014; 34 M.R.S. §§ 11201-11203, 11221-11224, 11225-A-11226. 11252,

11256 Week 8, March 7th—Mid-term exam to be handed out

Crimes against property: theft; forgery and uttering; fraud

Pollock, ch. 8, §§ 8.1, 8.2, 8.4, 8.5, 8.7-8.9 Ferdico, 17-A M.R.S. §§ 351-354-A, 356-A, 357, 358-361-A,

701-705, 708

Week 9, March 14th—Mid-term exam due at beginning of class

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Crimes against property: burglary; criminal trespass; arson;

criminal mischief; causing a catastrophe

Pollock, ch. 7, § 7.1-7.8 Ferdico, 17-A M.R.S. §§ 401-405, 802, 803-A-806

Week 10, March 21st—Crimes against the public and the justice system: bribery; perjury and false swearing; witness tampering;

hindering and obstructing justice; escape; contempt

Pollock, ch. 8, § 8.11; ch. 11, §§ 11.1-11.9

Ferdico, 17-A M.R.S. §§ 451-457, 601-609, 751, 751-B, 753- 756, 757-757-B, 758, 760, 904

Week 11, March 28th—Spring break

Week 12, April 4th—Drug and weapons offenses Pollock, ch. 10, § 10.6

Ferdico, 15 M.R.S. § 393; 17-A M.R.S. §§ 1051-1058, 1101- 1104, 1105-A-1106-A, 1107-A-1112, 1114-1118

Week 13, April 11th—State of mind defenses: competency to stand trial; infancy; intoxication; abnormal conditions of mind (including

cultural defenses, syndromes, and automatism); insanity (criminal responsibility)

Pollock, ch. 3, §§ 3.1-3.3, 3.12 Ferdico, 17-A M.R.S. §§ 37-40

Week 14, April 18th—Defenses of justification: self-defense; defense of third persons, property, and premises; consent Pollock, ch. 3, § 13.6 Ferdico, 17-A M.R.S. §§ 101-102-A, 104-110

Week 15, April 25th—Final exam to be handed out

Defenses of justification: competing harms (necessity, choice

of evils) and duress; excuse defenses (mistake, ignorance,

impossibility, involuntary conduct); alibi; entrapment

Pollock, ch. 3, §§ 3.4, 3.5, 3.7-3.9, 3.11 Ferdico, 17-A M.R.S. §§ 36, 103-103-B

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Week 16, May 2nd—Sentencing: incarceration; fines; restitution;

probation; sentencing enhancements

Pollock, none Ferdico, 17-A M.R.S. §§ 9-A, 257, 1151, 1152, 1158-A, 1201-1204, 1251-1252-A, 1301-1304, 1321-1325

Week 17, May 9th—Final exam due no later than 7:15 p.m.