Preparing for class

Where do I find stuff?

The homepage for this class will be on Canvas. You should be able to find everything there.

How much time will this course require?

For every credit hour awarded, ABA accreditation requirements require 1 hour of direct instruction and 2-3 hours of independent (of the professor) work by students. This translates to 6-8 total hours of work per week outside of 3 hours of class-time for this class (for a total of 9-12 hours of work per week). The reading and activities are designed to take about 5 hours per week (although in weeks we have an assignment instead of class, it may be more like 6 or 7 hours), and you should devote another hour, two or three to organizing the information, making connections from class to class, and practicing analysis on your own. 

I'm a little nervous about the content of this course

During the first couple of weeks, it’s a good idea to skim through all of the stories connected with the topics in this class. Most chapters (beginning with 2) start with a story of real events, followed by the law that applied at the time of those events. Our work in class will be to apply the law to those facts and learn the different doctrinal models (sets of rules) that could have applied.

Many of these stories include very disturbing facts. You will likely react emotionally to them. The first time you read them, it may be hard to think analytically because of that initial strong reaction. Additionally, some topics may be rougher based on our own experiences. For both of these reasons, skimming the stories first, before you have to analyze them or talk about them in class is a really good idea. Doing that gives you an idea of what topics may be especially challenging, and also will give you a chance to process the emotions a bit before we have to analyze the stories in class.

What will class be like, and how do I prepare?

You will be assigned to teams (with assigned seating) that you will have for the rest of the semester. Each team will be assigned to present the case from the perspective of the prosecution and the defense at least once. You and your team will also work together in class to analyze hypotheticals.

Following each main story are 5 questions. We'll use a polling app to analyze question 1 in class, and then I will ask the teams assigned question 4 (what liability under the law that applied) and then 5 (what liability under the Model Penal Code, if different). You do not need to make the lists asked for in those questions unless they are useful for you. 

For each class, you should be prepared to answer questions from the reading and apply what you have read to hypotheticals. When your team is assigned to a case, you should work together to decide the elements that must be proven, and how the facts show those elements are met (usually the prosecution) or not (the defense). I’ll call on the team to give that analysis in class. 

I also accept volunteers to fill in information once the prosecution and defense have explained their analyses (or where they get stuck) and to analyze hypotheticals. If I don’t get any volunteers, I will call on people. I use a random list sequencer to create a list  for that, and I try to call on a large number to keep everyone engaged. Don’t panic if you sometimes have to pass or struggle. I work hard to make participation a positive experience for all of us.  

How should I approach the reading?

Each section of our textbook is organized about the same way. There is a story, followed by a set of statutes (laws passed by that state's legislature and signed by the governor) that applied in the place where the events in the story happened at the time they happened, and sometimes short excerpts from cases that may help elaborate on the law or which may provide an example of a different rule. Those are followed by a reference to a Model Penal Code (MPC) provision that focuses on the topic of the section. Those MPC provisions, and more, can be found in an appendix to the casebook. You should look them up.

Between the stories and the law are 5 questions. We ask the 1st and 4th in each class--the answer to question 4 is what the teams for the prosecution and the defense frame their analyses around. I usually ask something about the 5th question--for example why the outcome might be different--but we do not always do a full analysis under the MPC.

After the statutes and reference to the MPC are three more sections: an overview section, problems, and discussion issues and materials. Most of the time, I will only assign for reading the stories, the law (including references to the MPC), and the overview. Sometimes I will also assign pages with the problems. I very rarely assign the discussion issue and materials section. 

Each of these sections serves a different learning purpose. The overview section is a description of the doctrine that we are learning in that section or chapter (legality principle, theories of punishment, culpability requirements, etc.). The story highlights a challenging set of facts related to that doctrine, and the law that follows is an example of that doctrine in practice. The MPC provision is (often but not always) another example. The overview gives you the big picture, while the law and story give you a chance to practice discerning what rule for that doctrine has been adopted and applying that rule to a set of facts in a case with gray areas. The MPC provision does the same thing.

You could start with the story, and then skim the statutes, looking for the key provisions that seem to apply, then read the overview and come back to read those key provisions more closely. If it helps you to have the big picture first, read the overview first, then the story, and then skim the statutes, looking for the key provisions that get close to matching what happened in the story. Then look at those key provisions more carefully. Wherever you start, once you get to looking closely at the key provisions, write out the rule that would apply to the story, and go back to the story to note the facts that could satisfy the elements of the rule. You might go back and forth between the facts and the statutes a couple of times to see if you are missing anything about what the statutes provide. Then go to the MPC and read the provision that the reading refers to, and try to find the provisions governing the specific potential crime at issue (like homicide, theft, kidnapping, etc.). Try to write the rules for the crimes that might have been committed in the story, and at least a list of the key facts related to each element.

On a problem day, you might re-read (or at least skim) the overview section, then read the problems and try to answer them using the rules the problems tell you to use.    

What if I don't understand something?

• You are always welcome to raise questions during class.

• Go to Canvas to see if there is a podcast or video that might help, slides or other helpful documents, a post in the discussion, or instructions on the home page or modules pages.

• Post them on the discussion page, entitled "Class- related questions." Everyone can see the question and answer--everybody wins!

• Email me: marcia.mccormick@slu.edu. I try to respond to emails within 24-hours, although on weekends, it might be 48. I post the question and answer on the Canvas discussion page. Again, everybody wins!

• Ask during office hours. 

or have a personal question?

• Email me: marcia.mccormick@slu.edu. I try to respond to emails within 24-hours, although on weekends, it might be 48.

• Ask during office hours. 

• Set up an appointment.

What if I have a conflict on the date an assignment is due?

Late assignments will not get credit. At the same time, I am very generous with granting extensions when necessary. Don’t be afraid to ask for an extension if you know that you may have a conflict that will interfere or if something comes up even the day that the assignment is due. Just do it in advance of the time that the assignment is due. And if you have technical difficulties uploading an assignment, just email me to explain and keep trying. My goal is not to create extra stress, but instead to create a clear expectation and parameters to allow us to work together effectively.