file=sycls25.htm
last revised: 2 May 2025 @ 7:53 A.M. Eastern Time
DEPATMENT OF CRIMINAL JUSTICE AND SECURITY STUDIES
THE UNIVERSITY OF DAYTON
DAYTON, OHIO 45469-1447
The address of this document is:
http://homepagesudayton.org/sycls25.htm
The address of the handout material is:
http://homepagesudayton.org/hndoutcl.htm
CRIMINAL LAW
SPRING 2025-SECOND Term
CJS 30501 CRN: 31526
University of Dayton
Department of Criminal Justice and Security
Studies
Course Code: CJS 305 01
CJS 305-01, 9:05- 9:55 A.M.- Class Meets in Zehler Hall, Room 101.
J. Ingram
Professor of Political Science
St. Joseph's Hall, Room 206
Phone: 937-229-3028 or 229-4242 at the Department of
Criminal Justice and Security Studies Office. Our Administrative Assistant or a
Student Worker will take a message from you.
Office of the instructor is located in: Saint Joseph's Hall, Suite 206.
Click on this E-mail link to send an E-mail to the instructor:
jefferson.ingram@notes.udayton.edu
or jingram1@udayton.edu
NOTE: If your computer/device is not set up to automatically use this e-mail link, just type the e-mail address into your e-mail's address line.
The University of Dayton Academic Calendar
for 2024-2025 is available at this link.
REQUIRED Cases and Materials on Criminal Law and Procedure, 14th edition
TEXT: .......... Dripps, Boyce and Perkins, Fourteenth Edition, c. 2021, Foundation Press. ISBN-13: 978-1-64708-811-8 Purchase used: Try this link. Or this link. Or check other Internet sources for used books.
Optional: Gilbert Law Summaries, Criminal Law, recent edition preferred. ISBN-13: 978-1634593854 for the 19th Edition. Gilbert Law Summaries booklet can be purchased from this link and other Internet locations. Here is another link for an older version of the Gilbert Law Summaries. Gilbert Law Summaries on the Kindle can be found at: this link.
Internet materials, recent "old school" newspaper articles and weekly news magazine articles will be used as supplemental materials, where appropriate.
EVALUATION TECHNIQUES: There will be a final examination as per the University Exam Schedule. Do not make travel plans that conflict with this final exam date. The final exam will be an in person examination.
Three examinations, which shall be all equally weighted, shall be administered. While the instructor hopes that an essay section will appear on each exam, there is the remote possibility that an essay will not be offered on the third examination. The dates of the exams are included within this syllabus. No make-up examinations will be given unless prior arrangements have been made or upon proof of an illness or appropriate excuse from the Dean of Students. To arramge for a makeup examination, you must speak with the instructor. Where a make-up exam is to be offered, the make-up exam date is 27 April 2024, SATURDAY, at 8:00 A.M., in Zehler Hall, Room 101.
Click here for the University of Dayton Spring 2025 Final Examination Schedule.
Click here for the University of Dayton Academic Calendar for 2024-2025 year.
Click here for a free printable 2025 calendar.
Class attendance will be recorded by the instructor. Attendance is considered important, and if a person misses 10 [ten] or more classes, the student must drop the class on the theory that the individual has not taken this course. Here is a real 2025 calendar at this link.
Dictionary Resources Try clicking on any of these three sites for a legal dictionary. Dictionary One or Dictionary Two and use the one you find most appropriate for this course. Another Useful Law Dictionary: Try a different law dictionary at this link!
Additional Resources If you find a need to read the complete case, consider viewing the whole case at https://scholar.google.com/scholar_courts?hl=en&as_sdt=0,33, where you can follow the prompts to obtain the case for which you have an interest. To use Google to search for legal cases: try this link to get to Google Scholar. Then, from athe main Google Scholar search page, select the circle for "Case Law." Then type lyou case citation or case name into the search box and hit the Search Button. Your case should appear on the screen.
If you are interested in taking a look at the United States Code, try this link. Title 18 covers Crimes and Criminal Procedure and Title 28 addresses the Judiciary and Judicial Procedure
If you want to visit the Supreme Court of the United States' web site which has links for its docket, history of the Court, and links to related web sites, click on This Link. For a visit to the Constitution of the United States, try This Link, which has a variety of ways of obtaining additional information about the Constitution and the Amendments. Be sure to scroll down a bit to find the information on This Link.
Please check out the Univeristy's Academic Honor Code, to which everyone must adhere, at this link.You will have to scroll down a bit to see the top line of the Code.
Check Your Attendance: Click or use your touchpad on THIS LINK. Do not miss more than 10 classes or you will have to drop this course.
SPRING TERM- 2025 CLASS MEETS: M W F @ ??:?? AM for CJS 30501 in Zehler Hall, Room 101.
JANUARY 13 MONDAY. Introduction, Administrative details, and initial class. For the next class, follow this link to the case of Palmer v. City of Euclid and read the Palmer case. Following the example offered in class, construct a legal brief for next class. Click on this link to find a copy of a finished brief of the Palmer case to check your effort on constructing your brief of the Palmer case.
JANUARY 15 WEDNESDAY. Some additional material on sources of law and an introduction to case analysis will be offered during this class. [JAN 15 2025, LAST DAY TO ADD, CHANGE GRADING OPTIONS, OR CHANGE SCHEDULES.]
Introduction to Homicide & Murder. Click here for some PowerPoint Slides covering the crime category of Murder.
Read and prepare a brief, as per the form offered during the first class, of the case, Palmer v. City of Euclid, Supreme Court of the United States, 402 U.S.544 (1971). The Palmer case can be located by clicking on this link. Click on this link to find a copy of a finished brief of the Palmer case to check your effort on constructing your brief of the Palmer case.
Read and Prepare a Brief for the case, Downey v. People, Supreme Court of Colorado 121 Colo.307, 215 P.2d 892 (1950). The Downey case can be found by clicking on this link.
Read Murder in the handout and/or Gilberts. After clicking on handout, click on the EDIT function on the browser to get to the FIND command to type in Murder, or what ever topic you need. The address for the handout material for the duration of this course is: http://homepagesudayton.org/hndoutcl.htm
JANUARY 17 FRIDAY. Read and Brief the case of Hicks v. Sheriff, Clark County, Supreme Court of Nevada, 86 Nev. 67, 464 P.2d 462 (1970.) This case can be accessed by clicking on this link. Read and Brief the case of Warmke v. Commonwealth, Court of Appeals of Kentucky, 297 Ky. 649,180 S.W.2d 872 (1944). This case can be accessed by clicking on this link.
JANUARY 20 NO CLASSES- FEDERAL AND STATE HOLIDAY, MARTIN LUTHER KING, JR. DAY.
JANUARY 22 WEDNESDAY. Homicide continued. Click your mouse or touchpad here for some PowerPoint Slides covering the crime category of Manslaughter. Read and Brief the case of Keeler v. Superior Court, Supreme Court of California, 2 Cal.3d 619, 87 Cal.Rptr. 481, 470 P.2d 617 (1970).This case can be accessed by clicking on this link. This case is also found on Page 19 of your casebook. Read Manslaughter in the this link and/or Gilberts. After clicking on this link, click on the EDIT function, or Control F, on the browser to get to the FIND command to type in Manslaughter, or what ever topic you need. If it is within the handout, it will appear.
JANUARY 24 FRIDAY. Read Manslaughter in the handout and/or Gilberts. An Example of a Legal Case demonstrating the presence of Premeditation sufficient to support an American version of first-degree murder at: This Link. Here is an example, at this link, of the Felony-Murder Rule in operation in California. Page 126, Read and Brief, Errington and Other's Case [The citation for this case is to an old English law reporter that is not readily available.]
General benchmarks to determine whether a homicide case could be contrued to fall into the category of Voluntary Manslaughter are presented at this link.
Page 154, Commonwealth v. Troila, 410 Mass. 203, 571 N.E.2d 391 (1991). At this link, Commonwealth v. Troila, 410 Mass. 203, 571 N.E.2d 391 (1991). Take a look at People v. Yeager, a case that demonstrates how evaluation of case facts may make a close case between murder and voluntary manslaughter. The Yeager case can be found at this link.
Page 000, This Link for People v. Chevalier, 131 Ill.2d 66, 544 N.E.2d 391 (1991).
Page 156, People v. Breverman, 19 Cal.4th 142,960 P2d 1094 (1998).
Page 174, People v. Rodriguez, 186 Ca. App. 2d 433, 8 Cal. Rptr. 863 (1960).
JANUARY 27 MONDAY. Boyce: Pages 177 Through Case on Page 192.
Page 177, Read and Brief, King v. State, Court of Criminal Appeals of Alabama, 505 So.2d 403 (1987).
Page 000, At this link, State v. Hokenson, Supreme Court of Idaho, 96 Idaho 283, 527 P.2d 487 (1974). An application of the felony-murder rule. For a video news report of a recent burglary case in Florida that could involve the use of the Felony-Murder Rule, try this link.
Page 188, Murray v. State
Page 192, State v. Bier Also take a look at the case where parents ordered a woman to shoot her dog as punishment. A story from the Internet can be found at this link. Should this offense have been held as involuntary manslaughter?
JANUARY 29 WEDNESDAY. Click here for a PowerPoint presentation that is a review of the crimes covered by the category called Homicide.
Page 226, State v. Mayle, Supreme Court of Appeals of West Virginia, 357 S.E.2d 219 (1987).
Page 239, People v. Perez, 2 Cal.4th 1117, 9 Cal.Rptr.2d 577, 831 P.2d 1159 (1992).
JANUARY 31 FRIDAY. Boyce: Pages 280-301. Assault and Battery and other offenses against the person. To read these topics in the handout Click on handout and then click your browser on Edit and go to Find and type Assault or type Battery. Read Perkins, Pp. 301-304. Other Offenses Against the Person.
Page 284, United States v. Bell
Page 000, State v. Capewell at this link.
Page 304, Commonwealth v. Berkowitz
FEBRUARY 3 MONDAY. Last Day to withdraw from a course without leaving a record is today.
Page 314, People v. Iniguez
Page 000, Jones v. State Try this link for this case.
Page 322, Commonwealth v. Lopez
FEBRUARY 5 WEDNESDAY.Page 361-364. Read Kidnapping and Mayhem. We will talk about False Imprisonment that is not in the book. Read also, Dueling on page 364.
Read the electronic handout on burglary.
Page 365, Woods v. State
Page 366, State v. Neff
FEBRUARY 7 FRIDAY. Burglary continued.
Page 367, State v. Mann
Page 368, People v. Gauze
Page 373. People v. Dupree
FEBRUARY 10 MONDAY. Burglary continued.
Page 375, Nichols v. State
Page 381, Gray v. State
Boyce: Pages 389-391. READ: Arson. READ Boyce: Larceny on Page 393 - Learn the elements from reading Larceny in the handout. Read Larceny in the Boyce book and in the web handout.
FEBRUARY 12 WEDNESDAY. Common Law Larceny, coninued.
Page 397, Bell v. State
Page 400, State v. Cohen
Page 402, People v. Walker
Page 406, State v. Brooks
FEBRUARY 14 FRIDAY. Continued Larceny and ALSO, the crime of Embezzlement.
Page 408, Morgan v. Commonwealth
Page 413, Thompson v. State
Page 415, The King v. Pear
Page 418, Wilkinson v. State
FEBRUARY 17 MONDAY. Boyce: Pages 420-433. Larceny concluded; Robbery, Embezzlement and False Pretenses. Read the handout on Embezzlement and Obtaining Property by False Pretenses and in the Gilbert Law Summary.
Page 422, Brooks v. State Take a look at this linked case involving a man who found 5K inside a bag, by touching this link.
Page 427, Cooper v. Commonwealth
Page 429, State v. Langford
Page 432, Rex v. Banks
FEBRUARY 19 WEDNESDAY. Boyce: Pages 433-447.The Doctrine of Continuing Trespass. And Concepts of "carrying away." Larceny concluded; Robbery, Embezzlement and False Pretenses. Read the handout on Embezzlement and Obtaining Property by False Pretenses and in the Gilbert Law Summary.
Page 433, Regina v. Riley
Page 440, State v. Savage
Page 442, State v. Langis
Page 444, State v. Komok
FEBRUARY 21 FRIDAY. Exam Day First Examination. In the next section in red print, are some helpful examples of a potential essay exam question and a sample essay exam answer. The idea is to read the exam question and see what legal issues jump out or stand out, based on what you have learned, so far. Then, when you have a handle on the legal issues, answer the question that is actually asked. You would want to give the definition of the crime or crimes that you have observed in the question; briefly explain how each element works; and link the facts to each element of the crime and come to a definite conclusion.
Sample Exam question exists at this link and a sample answer exists at this link. There will be 28-32 objective questions that will be presented.
Use this link for a study sheet for the First Examination.
Bring a new Bluebook and do not write in or on it prior to exchanging it with the instructor. Also, bring a #2 pencil, properly sharpened with a servicable eraser. There will be an essay section and an objective section. Please write the essay in ink rather than pencil. The essay section will require that you be able to apply your new knowledge to novel situations and to justify your answers on paper.
FEBRUARY 24 MONDAY. Page 451, Read Robbery. Check out Robbery in the Gilberts Law Summary, if you have a copy.
Page 451, People v. Tufunga
Page 468, Read Embezzlement, Section 3.
Page 469, State v. Stahl
Page 473, Read the section, False Pretenses.
Page 483, Barker v. State
FEBRUARY 26 WEDNESDAY. Boyce, Page 486-503 through Section 11, Extortion.
Page 486, Bell v. United States
Page 489, United States v. Moses
Page 491, Read Section 5, Theft.
Page 491, State v. Saylor
Page 499, Section 6, Read Receiving (or Concealing) Stolen Property, Section 7, Computer Crime, Section 9, Forgery and Uttering a Forged Instrument.
Page 500, Read United States v. McGovern
Page 502, Section 10, Read Counterfeiting and Page 503, Read Extortion.
FEBRUARY 28 FRIDAY. Boyce, Page 509-530.
Mid Term Break begins
after last class today.
Page 509, Read Section 1, The Necessity of an Act.Theft.
Page 511, Read People v. Decina
Attempts at Crime. Here is a link to an attempted crime that might prove educational.
Page, 518 People v. Collie
Page 525, Young v. State
Page 529, State v. Mitchell
MARCH 3 MONDAY.
Boyce, Page 530-543.
Page 530, People v. Rojas
Read, Booth v. State, Citation, 398 P.2d 863 (Okla. Crim. App. 1964). This Case is available at This Link. The full version of the case is located at This Link.
Read Preddy v. Commonwealth, available at This Link.
Page 542, Read Stewart v. State
MARCH 5 WEDNESDAY. Boyce, Page 547-555. Negative Acts (and Omissions to Duty) Please check out Omission to Duty in the electronic handout at This Link. Learn the five ways that humans can have duties toward fellow humans. Freshmen/freshwomen and all other students' midterm progress grades due by 9:00 A.M. today.
Page 547, Biddle v. Commonwealth
Page 551, Jones v. United States
Page 553, Davis v. Commnwealth
Try this link for an accunt of a breach of contractual duty that led to criminal charges in South Carolina.
MARCH 7 FRIDAY. Boyce, Page 558-587. Parties to Crime. Check out Parties to Crime in Gilberts and check out Conspiracy in Gilberts. Federal Conspiracy is defined at This Link.
Page 558, State v. Sowell
Read, People v. Beeman. A brief of this case is available at This Link. People v. Beeman, 35 Cal.3d 547, 190 Cal. Rptr. 60, 674 P.2d 1318, 1984 Cal. LEXIS 153 (1984).
Page 584, State v. Williams
Page 586, State v. Truesdell
MARCH 10 MONDAY. Boyce, Page 589-614.
Page 589- 590, Read Section 6, Conspiracy.
Page 590, State v. Hanks
Page 604, United States v. Loscalzo
Page 607, Pinkerton v. United States
Page 611, Marquiz v. People
MARCH 12 WEDNESDAY. Boyce, Page 622-631. Section 7, Agency (an additional vicarious liability theory)
Page 622, Rex v. Huggins
Page 623-625, Read Section 8, Incorporation. (Corporate possibilities of Crime).
Page 626, People v. Canadian Fur Trappers' Corp.
MARCH 14 FRIDAY. Boyce, Page 631-654. Causation Spring Break begins after last class TODAY.
Page 631, Read Section 9, Causation. Also, be sure to read Causation in the electronic handout at This Link.
Page 633, State v. Hallett
Page 642, People v. Lewis
MARCH 24 MONDAY CLASSES RESUME AFTER SPRING BREAK.
Reconsider and re-read Page 631, Read Section 9, Causation. Also, be sure to read and reconsider Causation in the electronic web handout at This Link.
Page 649, People v. Stamp. Read People v. Stamp, a felony-murder rule case on causation available for our consideration. A short version is available at this link. A full version is available at This Link.
Page 653, State v. Sauter.
MARCH 26 WEDNESDAY. WRAP UP OF REMAINING ASSIGNED MATERIAL AND A REVIEW OF THE MATERIAL THAT MAY BE PRESENTED ON THE SECOND EXAM, NEXT CLASS.
MARCH 28 FRIDAY. SECOND EXAMINATION. BRING A NEW BLUE EXAM BOOKLET AND A #2 PENCIL AND AN INK PEN TO THE EXAM ROOM. PLEASE DO NOT PLACE YOUR NAME ON THE BLUE BOOK UNTIL YOU HAVE TRADED IT WITH THE INSTRUCTOR. Study Guide for Second Criminal Law Exam: At this link.
MARCH 31 MONDAY. Boyce, Page 655-664. Continuation and the Conclusion of the material on Causation.
Page 655, Letner v. State
Page 657, State v. Leopold
Page 661, Lewis v. State
Last day to drop classes with record of W.
APRIL 2 WEDESDAY. Boyce, Pages 669-711.
Page 669-671, the Section on Mens Rea under the heading, Responsibility: In General.
Read State v. Perry. Click on this blue link to go to the Perry case. It is not in your case/text book.
Page 704, Read Section 2 on Negligence and Recklessness
Page 709. State v. Petersen
APRIL 4 FRIDAY. Boyce, Pages 711- 733.
Page 711, Conroy v. State
Page 727-728, Read Section 3, Intent.
Page 729, State v. Wickstrom
Page 731, Thacker v. Commonwealth
APRIL 7 MONDAY. Boyce. Pages 734-748.
Read State v. May available at this link.
Page 734-735, the section on Other States of Mind.
Page 735, State v. Laughlin
Page 742, Read the section, Knowledge (Scienter)
Page 743, State v. Beale
APRIL 9 WEDNESDAY. Boyce. Pages 748-789.
Page 748, People v. Kanan, 186 Colo. 255, 526 P.22d 1339 (1974). Click here for a full version of the case. Try this link for a brief of the case.
Page 776, Read the section, Strict Liability.
Page 777, Commonwealth v. Olshefski
Page 786, Commonwealth v. Koczwara
APRIL 11 FRIDAY. Boyce, Pages 790-799.
Page 790, Read the section on "Transferred Intent" Pages, 790- 792.
Page 792, Regina v. Smith
Page 671, Regina v. Faulkner Yes, this case appeared earlier in the book, but read it now for this lesson.
Page 793, Read Section 8 on Motive. And read Section 9 on the Concurrence of Mens Rea and Actus Rea.
Page 795, People v. Jeffers
APRIL 14 MONDAY. Boyce: Page 805-818. Chapter 7, Section 1. Immaturity [Infancy as a Defense to Crime]
Page 805-808, Read Section 1, Immaturity (Infancy)
Page 811, Corder v. Rogerson
Page 814, McKiever v. Pennsylvania
APRIL 16 WEDNESDAY. Boyce: Page 820-873. Chapter 7, Section 2, Mental Disease or Defect. [Insanity] Read Insanity in the Handout.
Page 820, Read Section 2, Mental Disease or Defect
Page 852, State v. Fetters
Page 869, People v. Ramsey Easter Recess begins after last class
APRIL 21 MONDAY. NO DAY CLASSES; CLASSES AFTER 4:30pm RESUME.
APRIL 21 WEDNESDAY. Bro. Joseph W. Stander Symposium – Day of Research, Creativity and Discovery – no undergraduate classes; graduate/doctoral classes 4:30 p.m. and after meet as scheduled
APRIL 25 FRIDAY. Boyce, Pages 879-910. Chapter 7, ection 3, Drunkenness (Intoxication).
Page 879, Read Section 3, Drunkenness.
Page 881, State v. Cooper
Page 894, Montana v. Egelhoff, Read the Majority Opinion- not the dissent.
Page 908, Burrows v. State
APRIL 28 MONDAY. Boyce: Pages 921-924. Chapter 8, Responsibility: Modifying Circumstances. Section 1, Ignorance or Mistake of Law (as a defense)
Pages 921-923, Read, Section 1(A), Ignorance or Mistake of Law
Page 923, State v. Cude
APRIL 30 WEDNESDAY FRIDAY Boyce: Pages 936-949 Section B Ignorance of Mistake of Fact
Page 937, People v. Hernandez
Page 947, People v. Crane
MAY 2 FRIDAY. Boyce: Pages 950-978 Section 2, Impelled Perpetration [Forced to commit a crime.]
Page 950- 955, Read Section 2, Impelled Perpetration.
Boyce: Pages 970-988
Page 970, Tyner v. State
Page 975, State v. Burney
Boyce: Pages 982-991, Section 3, Consent of the Other Party [Defense]
Page 988, United States v. Bygrave
Boyce: Pages 997-999. Section 4. Guilt of the Injured Party.
Read, Page 997 Section 4. Guilt of the Injured Party
Page 997, United States v. Dyke
This day is the Last day of classes for MWF classes.
Click here for the University of Dayton SPRING 2025 Final Examination Schedule. YOU MAY HAVE TO SCROLL DOWN TO FIND THE SCHEDULE.
FINAL EXAMINATION DATES AND TIMES:
Exam Day 01 Class THE FINAL EXAMINATION FOR CJS 305-02 WILL BE ADMINISTERED ON May 5, 2025 # 10:10 A.M - 12:00 Noon, in Zehler Hall, Room 101, our usual classroom.
This study sheet might help and is available at this link.
Make Up Exam Date:
MAY 3, 2025, SATUTDAY. Anyone who qualifies for a makeup examination
will take the exam at 8:00 A.M. on SATURDAY, MAY 3, 2025 at 8:00 A.M., in
Zehler Hall, Room 101. Be sure to bring a new blue book on which you have
not written your name.
YOU NEED TO SEE THE INSTRUCTOR TO MAKE THESE ARRANGEMENTS PRIOR TO THIS EXAM MAKEUP DATE.
Click here for the University of Dayton Spring 2025 Final Examination Schedule.
~~~~~~~~~~~~~~~~~~~~~~~~~~storage arrea below
MONTH DATE DAY.
Boyce: Pages 999-1001. Secton 5 Conduct of the Injured Party.
Read, Page 999, Secton 5. Conduct of the Injured Party
Page 1000, State v Munnell
Lecture on Self-Defense concepts and limitations. Defense of others wil lbe included as well as defense of property.
Who let the Dogs Out? by Baha Men
https://www.youtube.com/watch?v=ojULkWEUsPs