Criminal Law 568 ' 1 University of Mississippi

Spring 2007 Law School

MW 12:30-1:50 pm Professor M.H. Hoffheimer

room 108 office 565, 915-6865

Syllabus

Course requirements

Class. Attendance, preparation, and participation are required. Please do not come to class late.

Grade. There will be a closed book final exam May 7 at 1:00 pm. The final grade will be based on the grade earned on the final exam and any quizzes. In rare cases, a grade may be raised by up to one full grade for extraordinary contributions to class discussion. Quizzes may be administered in class during the semester without advance notice. Quizzes will count for no more than one-third of the final grade.

Course overview and objectives

This course introduces principles of substantive criminal law: what behavior is and should be punished as crime. It surveys traditional common-law requirements for criminal liability and covers the elements of select offenses at common law, under the Model Penal Code, and under the Mississippi Code. You will learn to analyze elements of crimes, identify applicable defenses, and evaluate potential criminal liability.

Readings

The first assignment is posted. Future assignments will be announced in class.

Office hours

I am at my office weekdays during work hours. You may either come by without an appointment or may make an appointment if that is more convenient.

Required Materials

Joshua Dressler, Cases and Materials on Criminal Law (3d ed. 2003)

Additional materials are attached and others will be distributed during the semester. Course materials and copies of old exams and model answers are available at my homepage www.olemiss.edu/depts/law_school/hof.html.

Recommended Materials

Joshua Dressler, author of the casebook used in this course, is also author of an excellent hornbook, Understanding Criminal Law (3d ed. 2001). His hornbook and other learning aids are available on reserve at the library.

Selected Mississippi Homicide Statutes

' 97-3-19. Homicide; murder defined; capital murder.

(1) The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:

(a) When done with deliberate design to effect the death of the person killed, or of any human being;

(b) When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual;

(c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of section 97-5-39, or in any attempt to commit such felonies.

(d) When done with deliberate design to effect the death of an unb orn child.

(2) The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:

(a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman. For purposes of this paragraph, the term "peace officer" means any state or federal law enforcement officer including but not limited to a federal park ranger, the sheriff or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the State Tax Commission, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;

(b) Murder which is perpetrated by a person who is under sentence of life imprisonment;

(c) Murder which is perpetrated by use or detonation of a bomb or explosive device;

(d) Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;

(e) When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;

(f) When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of section 97-5-39, or in any attempt to commit such felony;

(g) Murder which is perpetrated on educational property as defined in Section 97-37-17;

(h) Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official.

' 97-3-25. Homicide--penalty for manslaughter.

Any person convicted of manslaughter shall be fined in sum not less than five hundred dollars, or imprisoned in the county jail not more than one year, or both, or in the penitentiary not less than two years, nor more than twenty years.

' 97-3-27. Homicide-killing while committing felony.

The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any felony, except those felonies enumerated in Section 97-3-19(2) (e) and (f), or while such other is attempting to commit any felony besides such as are above enumerated and excepted, shall be manslaughter.

' 97-3-29. Homicide-killing while committing a misdemeanor.

The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any crime or misdemeanor not amounting to felony, or in the attempt to commit any crime or misdemeanor, where such killing would be murder at common law, shall be manslaughter.

' 97-3-35. Homicide--killing without malice in the heat of passion.

The killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be manslaughter.

' 97-3-37. Homicide--killing of an unborn quick child.

(1) For purposes of the offenses enumerated in this subsection (1), the term "human being" includes an unborn child at every stage of gestation from conception until live birth and the term "unborn child" means a member of the species homo sapiens, at any stage of development, who is carried in the womb;

(a) Section 97-3-7, simple and aggravated assault and domestic violence;

(b) Section 97-3-15, justifiable homicide;

(c) Section 97-3-17, excusable homicide;

(d) Section 97-3-19, capital murder;

(e) Section 97-3-27, homicide while committing a felony;

(f) Section 97-3-29, homicide while committing a misdemeanor;

(g) Section 97-3-33, killing a trespasser unnecessarily;

(h) Section 97-3-35, killing without malice in the heat of passion;

(i) Section 97-3-45, homicide by means of a dangerous animal;

(j) Section 97-3-47, all other homicides;

(k) Section 97-3-61, poisoning with intent to kill or injure.

(2) A person who intentionally injures a pregnant woman is guilty of a crime as follows:

(a) If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($7500.00), or both.

(b) If the conduct results in great bodily harm to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5000.00), or both.

(c) If the conduct results in a serious or aggravated physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1000.00), or both.

(d) If the conduct results in physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00), or both.

(3) The provisions of this section shall not apply to any legal medical procedure performed by a licensed physician, including legal abortions, when done at the request of a mother of an unborn child or the mother's legal guardian, or to the dispensing or administration of lawfully prescribed medication.

[There are other numerous other homicide statutes that are not included!]

' 97-3-47. Homicide--all other killings.

Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.

' 63-11-30. Operation of vehicle while under influence of intoxicating liquor, drugs or controlled substances, or other substances impairing ability to operate vehicle or with blood alcohol concentrations above specified levels. . .penalties for violations resulting in death, disfigurement, etc. of another. . .

(1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.

* * *

(5) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury. . .