Criminal Law 568 § 1 University
of Mississippi
Spring 2009 School
of Law
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. 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.
Lectures
Attendance is required at
one of the following: Mr. Alan Morrison, March 9 at 4:00 pm, or Prof. Deborah
Rhode, April 2 at 4:00 pm, both in Moot Court II.
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 (4th ed. 2007)
Additional materials are attached and others will be distributed during the
semester.
Recommended Materials
Joshua Dressler, Understanding Criminal Law (4th ed. 2006)
(available at reserve desk)
Old exams and model answers are available at
www.olemiss.edu/depts/law_school/hof.html.
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 child; “human being” includes unborn child at every stage of gestation
from conception until live birth for purposes of offenses of assault and
homicide; “unborn child” defined; intentional injury to pregnant woman;
penalties; provisions of section not applicable to legal medical procedures,
including abortion.
(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. . .