Criminal Law 568 § 1 University
of Mississippi
Spring 2010 School
of Law
MW 12:30-1:50 pm
Professor
M.H. Hoffheimer
room 112 Syllabus
Course
requirements
Attendance, preparation, and
participation are required. Please do
not come to class late.
There will be a closed book final
exam April 29 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. It explores
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
For the first class, study pages
6-29 in the casebook. Future assignments
will be announced in class.
Office hours
Office: Law Center 565. Phone: 915-6865. I am at my weekdays or you may make an
appointment.
Required
Joshua
Dressler, Cases and Materials on Criminal Law (5th ed. 2009)
Additional
materials will be distributed during the semester.
Recommended
Joshua Dressler,
Understanding Criminal Law (4th ed. 2006) (available at reserve desk)
Old exams and
model answers are available at my homepage.
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 unborn 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. . .