TEXT, REFERENCES AND SUPPLIES:

TEXT - REQUIRED: Texas, State of Texas. Texas Criminal Laws. Current Edition. (Preferred book:  from Gould Publishing; available in College Bookstore);

NOT REQUIRED, BUT SUGGESTED:

Student Outline/Study Guide, available on line at link for 1310 study guide. This contains the study questions for the major examinations.
A legal dictionary or dictionary of criminal justice

REFERENCE MATERIALS USED BY INSTRUCTOR:
State of Texas. (Current ed.). Texas Code of Criminal Procedure.
State of Texas. (Current ed.). Texas Rules of Criminal Evidence.
McClung, P.J., Daniel, M.G., and Gill, R.K. (1997). Texas Criminal Lawyer’s Handbook. Ca.: James Publishing.
Attorney General of Texas. Published opinions of the Attorney General.
Applicable federal and state case law
Assorted texts and reference materials

SUPPLIES:

Students will bring notebooks, pens, pencils, and Scantron® sheets for examinations to class. It is recommended that the student purchase five regular and five mini-blue book Scantron sheets for the semester, and bring them to class in the event a quiz is given.


COURSE GOALS/ OBJECTIVES:

Upon successful completion of this course, the student will be able to:

Define and use various terms relevant to the course

(Being able to define and use jargon improves professionalism and communication between police the courts)

Discuss the goals and characteristics of criminal law

(Understanding criminal law facilitates application of law to police work, and investigations in particular)

Explain the adversary system and sources of criminal law

(Knowledge of the legal system and law makes applying it easier to understand)

Discuss the philosophical and historical development of law, and the role of the judiciary in criminal law

(Understanding historical aspects of law and the judiciary facilitates understanding of application of law to situations encountered in police work)

Classify crimes according to severity

(Classifications of crimes affect elements of offenses, procedures affecting a case, and evidentiary considerations)

Explain the concept of lesser included offenses

(Understanding lesser included offenses gives police officers greater discretion in charging offenders)

Identify elements of offenses against the person, property, morals, and inchoate crimes

(Elements of crimes must be proved to get convictions; identifying elements ensures that police officers properly charge offenders)

Explain capacity to commit crime, causation and responsibility

(Capacity, causation and responsibility affect decisions to arrest, charge, and try defendants in court)

Explain defenses, justifications, and the use of force

(Defenses and justifications affect decisions to arrest or charge suspects; they also affect the officers’ decisions and right to use force against other persons)

Explain culpable mental states as they relate to Texas law

(Culpable mental states are included in the elements of offenses; they affect criminal responsibility and the decision to charge offenders)

Explain punishments in Texas

(Knowledge of punishments improves officers’ understanding of the outcomes of cases, and can improve relationships between officers, suspects, victims and courts, as officers can discuss possible sentences with everyone involved in a case)

ACTIVITY: students will identify crimes from a set of facts provided them in the form of a story.

STUDENT CONTRIBUTIONS AND CLASS POLICIES:

Each student should anticipate at least one hour out of class preparation for each lecture hour, plus study time preparing for examinations. Attendance is important in this class.

Portable cellular phones, beepers, and similar paging devices may be disruptive to the class, and you are encouraged NOT to bring them into the classroom. If you do bring them to class, please make sure they are turned off. Should they become a nuisance, you may be asked to remove them from the classroom.

Students missing a major examination must make the exam before the next class period unless special arrangements are made. Make-up examinations may be the same as, or different from, the examination given in class. Make-up examinations will cover the same material as the scheduled examination. Failure to make up an examination will result in a grade of zero for the missed exam.

Final exams are not given early or late.
The instructor reserves the right to give quizzes, announced or unannounced, at any time. There is no opportunity to make up quizzes that are missed.

NOTICE: The instructor reserves the right to drop students who stop attending or have an excessive number of absences. As a rule, however, the instructor does not drop students, and it is your responsibility to drop a class if you no longer plan to attend and complete the semester. Check the Midland College catalog for last day to drop.

EVALUATION OF STUDENTS:

See information included in the student outline. The evaluation as given in the outline is subject to change at the instructor's discretion.

COURSE SCHEDULE:

The class meets for three lecture hours per week.
An outline of the course is included. This is a guide and is subject to change at the instructor's discretion.

SCANS INFORMATION:

The following SCANS are taught and/or reinforced in this course:

Information: Acquires and uses information. Students will: learn concepts and applications of criminal law and apply them to various legal situations and scenarios presented in class.

Technology: Works with a variety of technologies. Students will: use statutes and case law to understand legal issues and solve problems presented in class.

Reading: Locates, understands, and interprets written information. Students will: demonstrate the ability to read and interpret statutes and apply information to class discussion.

Writing: Communicates thoughts, ideas, information and messages in writing. Students will: complete a written assignment applying current criminal law to given situations.

Arithmetic: Performs basic computations. Students will: use statutes and information given in class to calculate punishment ranges based on property values and aggregation of vale.

Listening/Speaking: Receives, attends to, interprets, and responds to verbal messages in ways appropriate to the purpose; organizes ideas and communicates appropriate messages. Students will: participate in class discussion, answer questions directed at them, participate in reviews and ask questions as necessary to clarify material.

*SCANS are workplace competencies established by the federal government; documentation of them is required in each program.

INSTRUCTOR INFORMATION:

Instructor: Robert W. Peetz
Office: 174 TC
Telephone: (432) 685-4685
E-mail: rpeetz@midland.edu
Fax:: (432) 685-4761
Division: Business Studies
Chair: Mr. Gavin Frantz
Secretary: Ms. Mia Olvera
Office: 142 TC
Phone: (432) 685-4656

Office Hours: Subject to change each semester, office hours are posted and announced in class.

PRINCIPLES OF EDUCATION

Two principles should guide you through your education. First, from your education you should learn "how to think, not what to think." The second is from Dr. Gennaro Vito (1999), and has 10 parts:

1. Work is good. Hard work is even better.
2. Preparation is the key to success.
3. Quality and presentation count.
4. Revision improves all things.
5. Learn to use all the tools available to you.
6. Work must be completed on time.
7. Time is more valuable than money.
8. Do not become an educated fool.
9. Nothing stays the same. Either you get better or your get worse.
10. The classroom is no place for democracy.

COURSE OUTLINE - Spring 2008 Semester - Monday, Wednesday and Friday from 10:00 - 10:50 am. This outline is a guide and is subject to change.

STUDY GUIDE FOR EXAMINATION 1
REMEMBER - THE FINAL EXAMINATION IS COMPREHENSIVE

1. Define crime and laws.
2. What punishments are available to criminal courts?
3. What are the stated purposes, effects and objectives of the Texas Penal Code?
4. Explain stare decisis.
5. How and why must one approach the study of criminal law?
6. Distinguish between mala in se and mala prohibita offenses.
7. Under federal law, how are felonies distinguished?
8. What are Ex post facto laws and bills of attainder?
9. What is jurisdiction, and how many types are there?
10. What is the corpus delicti of a crime?
11. What is extradition?
12. What are the elements of crimes?
13. Explain when multiple prosecutions are, and are not, double jeopardy.
14. Where in the Texas Penal Code are punishments addressed?
15. Explain how corporations are punished under Texas law.
16. Discuss the repeat and habitual offender statutes in Texas, for both felons and misdemeanants.
17. What are the ranges of punishments for offenses under Texas law?

STUDY GUIDE FOR EXAMINATION 2
REMEMBER - THE FINAL IS COMPREHENSIVE. YOU ARE CUMULATIVELY RESPONSIBLE FOR ALL MATERIAL.

1. Distinguish between criminal attempts, criminal conspiracies, and criminal solicitations.
2. What are the tests for insanity, and how does Texas determine if a defendant is insane?
3. What is the purpose of the defense of entrapment?
4. How, in Texas, are inchoate offenses punished?
5. Explain the defense of renunciation.
6. Explain Texas’ approach to accomplices, accessories and principals.
7. What are the culpable mental states recognized in Texas, and how are they defined?
8. What types of crimes cannot be attempted?
9. Differentiate between general and specific intent.
10. Explain the concept of transferred intent.
11. Proof, in criminal cases, must rise to what level?
12. List the defenses to criminal conduct in Texas.
13. List the justifications available to defend criminal conduct in Texas.
14. Explain Texas law as it pertains to age of criminal responsibility.
15. Briefly discuss Roman law’s approach to juveniles.
16. What is the significance of the statute of limitations?
17. List the six categories of defenses
18. What two things are required in every crime?

STUDY GUIDE FOR EXAMINATION 3
REMEMBER - THE FINAL IS COMPREHENSIVE. YOU ARE CUMULATIVELY RESPONSIBLE FOR ALL MATERIAL.

1. Define homicide, sexual assault, aggravated sexual assault, assault, aggravated assault, and forcible rape.
2. Explain what elevates murder to capital murder in Texas.
3. What are the various degrees of homicide in Texas, and what are the requisite culpable mental states.
4. Under Texas law, what constitutes battery?
5. What groups of people in Texas are afforded special protection under the law, and why?
6. Define the sex crimes addressed in Chapter 21, Texas Penal Code.
7. Distinguish between manslaughter and criminally negligent homicide.
8. Distinguish between restrain and abduct.
9. What are the criteria used to classify assaults.
10. Explain the value ladder used in Title 7 of the Texas Penal Code.
11. What two crimes are always included in a robbery?
12. What conduct escalates burglary to a 1st degree felony?
13. What offenses in Title 7 are also included in §19.03?
14. Explain aggregation of value as it applies to Title 7.

STUDY GUIDE FOR EXAMINATION 4
REMEMBER - THE FINAL IS COMPREHENSIVE. YOU ARE CUMULATIVELY
RESPONSIBLE FOR ALL MATERIAL.

1. List the principle common law offenses created to maintain integrity of the law and the administration of justice.
2. Why was the offense of bribery created?
3. Explain the crime of perjury.
4. Explain what makes a statement material.
5. Why is the proper place to challenge the police in the courtroom, not on the street?
6. Explain the difference between escape and resisting arrest.
7. Under §39.04, who can be an actor?
8. Generally, under Chapter 42, offenses fall into what category?
9. Differentiate between § 42.01(12) and § 21.08.
10. Under Ross v. State, what are fighting words?
11. What are the defenses to riot?
12. Define prostitution.
13. Under Williams v. Mississippi, how was “obscene” defined?
14. How has this definition changed over the years?
15. Under Miller v. California, how did the Court define obscenity?

STUDY GUIDE FOR EXAMINATION 5 - FINAL EXAMINATION
REMEMBER - THE FINAL IS COMPREHENSIVE. YOU ARE CUMULATIVELY RESPONSIBLE FOR ALL MATERIAL.

1. What are the elements of public intoxication?
2. When is gambling a felony in Texas? A misdemeanor? No crime at all?
3. What is the definition of intoxication under Chapter 49 of the Penal Code?
4. Under § 46.02, what is generally illegal in Texas?
5. List the prohibited weapons, and state where weapons are prohibited.
6. Explain § 46.04 of the Penal Code.
7. Explain why Texas moved the DWI statutes from the Vehicle Code to the Penal Code.
8. What are the elements of DWI?
9. What is the culpable mental state of DWI, and how is it determined?
10. What is the culpable mental state required under § 49.08?
11. Explain the differences between public intoxication and DWI.
12. What is the purpose of the Racketeer Influenced and Corrupt Organization Act (RICO) act?
13. What is the purpose of Chapter 71, Texas Penal Code?
14. To be guilty of organized criminal activity, what must an actor do, and what two ingredients are required?
15. What is the punishment range for engaging in organized criminal activity?