MIDLANDS TECHNICAL COLLEGE

                     BUSINESS DEPARTMENT SYLLABUS

                  Legal Assistant/Paralegal Program

 

 

Semester/Year:                            Spring 2004

Course Title:                             CRIMINAL LAW

Course No.:                               LEG 231

Prerequisites:                            RDG 100 & ENG 100

Credits:                                  3.0 Semester Hours

Instructor: Phil Mace                     Office: 

Phone: 822-3310                           Office Hours: MWF: 9-10 am, 11:15-12:30

Email: macep@midlandstech.edu                            T&Th: 8-9 am 

Text:                                     Criminal Law and Procedures For Paralegals, by McCord, 2nd Edition, 2001, West Publishing. ISBN# 0-7668-1965-5

 

PERFORMANCE:                              Written examinations, papers

 

COURSE DESCRIPTION:  This course includes a study of the definition and classification of criminal offenses, criminal responsibility, and legal procedures in a criminal prosecution.

 

COURSE OBJECTIVES: By the end of this course, the student should be able to:

1.    Identify crimes against the person, against the peace, against the property and against public justice.

2.    Explain the elements of the above crimes.

3.    Identify and explain the defenses to the above crimes.

4.    Explain the constitutional guarantee of freedom from unreasonable search and seizure and the effect of violations on the prosecution.

5.    Explain the defendant's constitutional right to confront witnesses against him.

6.    Explain the defendant's right to trial by jury.

7.    Explain the defendant's right to counsel.

8.    Explain the defendant's right to a fair and speedy trial.

9.    Explain the effects of an arrest or search made without a warrant.

10.   Trace the criminal process system in South Carolina from arrest through appeal.

11.   Originate an application for post-conviction relief.

12.   Explain the criminal court structure in South Carolina.

13.   Explain criminal discovery available in South Carolina.

 

GRADING SCALE:    A = 90-100                         

                  B = 80- 89                         

C = 70- 79                                           

F = BELOW 70                       

W = WITHDRAWAL                     

               WF = WITHDRAWAL DUE TO EXCESSIVE

 

GRADE COMPUTATION:  Based on written examinations and projects.

                                  

              Business Department majors must earn a “C” or above

                      for this course to count toward graduation.

 

 

ATTENDANCE POLICY:  Students are expected to prepare for and attend classes as scheduled.  The maximum number of allowable absences for this course is twice the number of meeting times a week.  Students are responsible for any class work or assignments missed.  This includes absences resulting from late enrollment.

 

 

STUDENTS WITH DISABILITIES: If special accommodations are needed for a student with disabilities, the student must contact the Counseling Services office for assistance.  Documentation regarding the disability is required for accommodation arrangements.  Confidentiality of the information received will be maintained.

 

                              


 

CRIMINAL LAW:  LEG 231 - COURSE OUTLINE

 

WEEK 1    Introduction to Criminal Law and the Actus Rea Requirement; possession and omissions as criminal "acts"

 

WEEK 2    The mental elements: mens rea.  General and specific intent, states of mind, strict and vicarious liability, insanity and diminished capacity, mistakes of law and fact.

 

WEEK 3    Causation and proximate cause:  unintended victims, unintended harm, felony-murder rule.  Parties to criminal activity: principles, accessories, etc.

 

WEEK 4    Defenses:  Justification and excuse, duress, necessity, self-defense, defense of others, defense of property, consent, entrapment.   EXAM

 

WEEK 5    Attempts, Conspiracy; Solicitation:  Defense of mere preparation, impossibility renunciation.

 

WEEK 6    Homicides and other crimes against the person.  Murder, felony-murder,manslaughter, assault, battery, mayhem, rape, kidnapping and lynching.

 

WEEK 7    Theft crimes:  Larceny, embezzlement, breath of trust, false pretenses, robbery, burglary, blackmail, extortion.   EXAM

 

WEEK 8    Criminal procedure - The Bill of Rights, probable cause, search seizure, arrest and the exclusionary rule.

 

WEEK 9    Right to counsel, bail, prohibition against cruel and unusual punishment

 

WEEK 10   Arrest procedure, warrants, booking, bonds, right to bail.

 

WEEK 11   Preliminary hearings, grand jury indictment, direct indictments.

 

WEEK 12   Criminal discovery in state and federal courts.  Trial procedure motions voir dire, challenges to jurors, opening statements, witnesses, jury changes, deliberations and verdicts.

 

WEEK 13   Pleas and plea bargaining, post conviction relief, probation, parole, pardon practices in South Carolina.

 

WEEK 14   Appellate procedure in South Carolina, perfecting appeals, after-discovered evidence.  Review

 

WEEK 15   FINAL EXAM