House Bill 2504

Fall 2012 Course Syllabus

CRIJ-1310-01 - Fundamentals Criminal Law

Faculty Information
SemesterFall 2012
InstructorTurkel, Richard Ellis
Phone(409) 984-6511
Math and Science
Chair:Percy Jordan
Phone:(409) 984-6335
Hours:T,R, 10:30-11:00
Building:Educational Annex (EDUC)
MyLamarPA Be sure to check your campus E-mail and Course Homepage using MyLamarPA campus web portal ( When you’ve logged in, click the email icon in the upper right-hand corner to check email, or click on the “My Courses” tab to get to your Course Homepage. Click the link to your course and review the information presented. It is important that you check your email and Course Homepage regularly. You can also access your grades, transcripts, and determine who your academic advisor is by using MyLamarPA.
Course Information
Course Number90639
Course Description Fundamentals of Criminal Law.
Course Prerequisites Basic Skills competency in reading required
Required Textbooks Criminal Law, 10th Edition, Joel Samaha, Wadsworth-Cengage Learning, ISBN 978-0-80749-0
Attendance Policy Research has shown a cause and effect relationship between attendance and college success. Students who miss more than 3 class hours are subject to being dropped by the instructor. The student is required to meet with the instructor at this time to discuss attendance and class progress. Students who are more than 10 minutes tardy will be marked with 1/2 hours absence for that class period. Students who are more than 20 minutes late will be marked with 1 hour absent for that class period. Students with more than 3 hours absence will loss 1 point on their final grade for each class-hour absent.
Course Grading Scale  90 - 100 = A     80 - 89 = B     70 - 79 = C     60 - 69 = D     Below 59 = F
Determination of Final Grade Exams 50%; Class Grade 25%, Final Exam 25%
Final Exam Date December 6, 2012 - 11:00 AM
Major Assignments Date Assignments (Cases for Recitation)


28 Introduction to class and go over syllabus                ---

Notes, Outlining, Case Preparation

30 Chapter 1 (1-37)                ---


04 Chapter 2 (38-79)                                  State v Metzger (44 )

                                                          People v Rokicki (49)

Griswold v Connecticut (53)

Kennedy v Louisiana (61)

06         Ewing v California (68)

Gall v U.S. (74)

11 Chapter 3 (80-102)                                         Brown v State (87)

13                                                         C’wealth v Pestinakas (93)

                                                                 Porter v State (99)

18 Chapter 4 (104-132)                                          Harris v State (110)

                                                                 Stark v Stark (113)

20          State v Jantzi (117)

                                                                  Koppersmith v State (119)

                                                                 State v Loge (121)

                                                                 People v Armitage (125)

                                                                 State v Sexton (129)


27 Chapter 5 (134-153)                                         People v Getz (139)

                                                         State v Thomas (145)



02 Chapter 5 (154-173)                                         State v Harold Fish (157)        

People of N.Y. v Gray (162)

                                                                 State v Shelley (168)

04 Chapter 6 (174-189)

                                                                 U.S. v Hinckly (178)

People v Drew (185)

09 Chapter 6 (189-205)                                         State v K.R.L. (192)

                                                                 Oliver v State (199)

                                                                 State v Phipps (202)

11 Chapter 7 (206-217)                                         State vUlivinen (211)

                                                         State v Chism (216)

16 Chapter 7 (217-233)                                 U.S. v Arthur Anderson (224)

                                                         State v Tomaino (228)

                                                                 State v Akers (230)

18 Chapter 8 (234-252)                                          People v Kimball (239)

                                                                 Young v State (246)

                                                         State v Damms (250)

23 Chapter 8 (253-270)                                         LeBarron v State (256)

                                                                 U.S. v Garcia (260)

                                                                 State v Cotton (267)


30 Chapter 9 (272-300)                                         Byford v State (294)

Duest v State (299)


01 Chapter 9 (301-312) People v Thomas (301)

People v Hudson (305)        

People v O'Neil (309)

06 Chapter 9 (313-325) C'wealth v Schnops (316)

State v Mays (321)

08 Chapter 10 (326-341) C'wealth v Berkowitz (336)

In the interest of MTS. (339)

13 Chapter 10 (341-369)                  Hamilton v Cameron (352)

State v Hoying (358)

People v Allen (365)

15 Chapter 11 (370-383)                                         N.Y. v Olivio & Others (375)

                                                        U.S. v Madoff (379)

                                                                        U.S. v Coughlin (383)

20 Chapter 11 (384-415)                                                State v Curley (387)

                                                                        C'wealth v Mitchell (400)

                                                                        Jewel v State (404)

                                                                        Remsburg v Docu' Inc. (410)

                                                                        U.S. v Anchetta (415)

22 Thanksgiving Holiday

27 Chapter 12 (418-449)                                                Joyce v San Francisco (428)

                                                                        Gresham v Peterson (432)

                                                                        Chicago v Morales (436)

                                                                        St. Paul v East Boys (443)



04 Last Class Day

06 FINAL EXAM 11:00AM - 1:30PM

Calendar of Lecture Topics and Major Assignment Due Dates See Above

General Education/Core Curriculum Student Learning Outcomes
Communication skills:Students will demonstrate effective written, oral and visual communication.

Critical Thinking Skills:Students will engage in creative and/or innovative thinking, and/or inquiry, analysis, evaluation, synthesis of information, organizing concepts and constructing solutions.

Empirical and Quantitative Skills:Students will demonstrate applications of scientific and mathematical concepts.

Teamwork:Students will demonstrate the ability to work effectively with others to support a shared purpose or goal and consider different points of view.

Social Responsibility:Students will demonstrate intercultural competency and civic knowledge by engaging effectively in local, regional, national and/or global communities.

Personal Responsibility:Students will demonstrate the ability to connect choices, actions and consequences to ethical decision-making.

Program Student Learning Outcomes None known to me
Course Student Learning Outcomes None known to me
Academic Honesty Academic honesty is expected from all students, and dishonesty in any form will not be tolerated. Please consult the LSC-PA policies (Section IX, subsection A, in the Faculty Handbook) for consequences of academic dishonesty.
Facility Policies
  • No food or tobacco products are allowed in the classroom.

  • Only students enrolled in the course are allowed in the classroom, except by special instructor permission.

  • Electronic devices (including but not restricted to cell phones, MP3 players, and laptop computers) shall not be used during examinations unless specifically allowed by the instructor.

  • Use of electronic devices during normal class hours distracts other students, disrupts the class, and wastes valuable time. Instructors have an obligation to reduce such disruptions.

  • Turn your cellphones to vibrate when you enter the classroom.


    1. Make-up Policy:


    Anyone absent the day of a test must provide a written doctor's medical excuse to be allowed to take a make-up. If you are unable to provide a medical excuse, you will receive a "0" for the test and not be allowed to take a make-up. Non-medical emergencies may take place on test dates. If you are unable to attend class on the day of a test, you must call the instructor before the test is given and explain the reason you will not be able to take the test. It will be left to the professor's discretion as to whether or not you will be allowed to take a make-up test. If you are given permission to take a make-up, you must do so within one week after the original test was given. If not a grade of "0" will be assigned. If you miss the final examination a grade of "F" will be assigned for the course. Medical excuses or other reasonable justifications of missing the final exam may be taken into consideration.

    Class case assignments.

    Class case assignments, and any other work assigned must be turned in or presented on the announced due date. Failure to turn in, or present a project on the due date will result in a grade of "0" for that assignment. If the presentation cannot be made due to a medical or other emergency, the instructor, at his discretion, may not assign a grade for that assignment. In general no absence will be excused unless the nature of the emergency is such that it makes it physically impossible for you to attend class. Employment conflicts, responsibilities to a third person, etc. in general are not excusable absences.

    2. Classroom Etiquette:

    Students will not use cell phones, nor pagers, nor allow such equipment to make noise during class. Students will not engage in any disruptive behavior. Students violating this policy will be asked to leave the classroom and will be marked absent for that class period.

    Black's Law Dictionary defines defamation as "the holding up of a person to ridicule, scorn, or contempt... a communication is defamation if it tends to harm the reputation of another." The First Amendment rarely protects either written or spoken remarks of a defamatory nature. Courtesy and respect are best suited to an educational setting. Therefore, defamation will NOT be tolerated. The Professor also honors multi-cultural goals.

    3. Classroom Policies:

    No food, drink, tobacco, cell phone, children, friends, relative, nor disruptive behavior are allowed in the classroom. Students violating this policy will be asked to leave the classroom and will be marked absent for that class period.

    If you are talking during class lecture and distracting the instructor and/or class, you will be given a "0" for that class period and those "0" grades will be averaged into your exam grades.

    4. Withdrawal and Drops:

    A student may drop a course and receive a grade of "Q/W" on or before October 03, 2012 even if failing the course. The final day to drop or withdraw from the semester is November 06, 2012. A student may not drop a course after the published deadline. It is the student's responsibility to obtain all required signatures on the drop form before the end of the drop period.

    Never attending or ceasing to attend classes DOES NOT constitute a withdrawal or drop. You remain registered until you file a Drop/Withdrawal Form at the Registrar's Office by the appropriate deadlines. Failure to act in a timely manner will result in an "F" grade for the course. It is the student's responsibility to turn in all Drop/Withdrawal Forms and follow up to ensure that they were processed as desired.

    5. Instructor-Initiated Drop:

    Students may be dropped for any of the following reasons: Excessive violation of the attendance policy; disruptive behavior; continuing a behavior which the instructor has informed the student is disrupting the class; a violation of any published policy of either the College, the Department, Division or the instructor.

    6. Academic Honesty:

    The instructor will not tolerate cheating or plagiarism (plagiarism is defined as "taking and using as one's own the writings or ideas of another.")

    Any student caught cheating or plagiarizing, or aiding another student in cheating or plagiarizing on a quiz, test, individual; assignment, research project, paper, class project or assignment, or examination will receive a zero on the assignment and if the student persists in that activity he/she may be dropped with a grade of "F" or given a grade of "F" for the class.

    Use of electronic equipment (cell phone, ipods, mp3 players, etc.) during tests: All electronic equipment will be turned off and placed in a bag or other container and removed from the desktop (table top, etc) upon which the student is taking the test. Failure to comply with this directive will result in the test being taken up by the instructor. The student will not be allowed to continue the test. The student will receive a grade of zero for that test. However, since we are all human and mistakes do happen, if the instructor believes that said failure was inadvertent then the instructor may grade and the student will receive credit for any work completed before the test was taken up.

    7. Children in the Classroom.

    No children under the age of 15 are allowed in the classroom. No children 15 years or older are permitted in the classroom without prior approval from the instructor.

    8. Syllabus Content:

    The instructor reserves the right to make changes to this syllabus, if deemed necessary. All changes will be provided to the students orally or in writing before the implementation of the change.

Additional Information I will not discuss your grades over the phone or by email. If you want to discuss your grades, you must come to my office, in person.

Important Information
ADA Considerations The Americans with Disabilities Act (ADA) is a federal anti-discrimination statute that provides comprehensive civil rights for persons with disabilities. Among other things, this legislation requires that all students with disabilities be guaranteed a learning environment that provides for reasonable accommodation of their disabilities. If you believe you have a disability requiring an accommodation, please contact the Special Populations Coordinator, Room 231, in the Madison Monroe Building. The phone number is (409) 984-6241.
Copyright Violations Some material in this course may be copyrighted. They may be used only for instructional purposes this semester, by students enrolled in this course. These materials are being used fairly and legally. No one may distribute or share these copyrighted materials in any medium or format with anyone outside this class, including publishing essays with copyrighted material, uploading copyrighted material to Facebook or YouTube, or painting or performing copyrighted material for public display.

Copyright violation is not the same thing as plagiarism. Plagiarism is intellectual dishonesty. Offenses of plagiarism result in lower grades or failing scores, and professors and the college strictly enforce plagiarism rules. There is never any acceptable use of plagiarism. Copyright violation is a legal offense, punishable by large fines and penalties.

Copyrighted material can be used if permission from the material’s creator is obtained, or if its use meets the standards of fair use in an educational setting. For example, a student can quote a line from Shakespeare’s Hamlet in a report without violating copyright but still be guilty of plagiarism if the quotation is not properly documented.

If you are in doubt about what material can be freely used, ask your professor or contact the Dean of Library Services, at (409) 984-6216.
Assessment Statement Assessment is a process by which LSCPA can help you learn better and gauge the level of progress you have made to attain knowledge, skills, beliefs, and values. It also helps your professors understand how to improve teaching and testing methods in your classes, and it helps each department understand and improve degree and certificate programs.

Periodically LSC-PA will collect assessment data for research and reporting purposes, including statistical data and sometimes copies of your work. Be assured that all material the college uses for assessment purposes will be kept confidential. To ensure anonymity, your name will be removed from any material we use for assessment purposes, including video-recorded performances, speeches, and projects.

If you object to allowing LSC-PA to use your material for assessment purposes, submit a letter stating so to your professor by the 12th class day. You will still be required to participate in whatever assessments are being done; we just won’t use your data.

What’s the difference between assessment and grades? The grades you get on papers, projects, speeches, and assignments are specific types of focused assessment. LSC-PA’s assessment efforts include class grades, surveys, standardized tests, and other tools.
Privacy Notice Federal privacy laws apply to college students. This means that college employees, including instructors, cannot divulge information to third parties, including parents and legal guardians of students. Even if the students are minors, information about their college work cannot be shared with anyone except in very limited circumstances.

Anyone requesting information about a student should be referred to the Registrar. Instructors will be notified in writing by that Office about what information may be released and to whom.

Please remember that releasing private information about a student, however innocuous it may seem, can be a violation of federal law, with very serious consequences.

Circumstances under which information may be released:

An adult student may submit, to the Registrar, a handwritten, signed note granting permission for release of information. The note must specify what information may be divulged, and it must specify the name of the person to whom the information may be given.

A parent or guardian may be given access to information about a student by providing a copy of a filed tax return that shows that the student was listed as a dependent of that parent or guardian. The tax return must be for last complete tax year. Again, this documentation must be submitted to the Registrar’s Office.

A parent or guardian may be given access to information about a student if the student logs on to and sends an email to the Registrar granting permission. The email must specify what information may be given and the name of the person to whom it may be given.

Co-enrollment students are protected by the same privacy laws as adult students.

The Registrar’s office is located in the Student Center room 303B, and can be reached at (409) 984-6165.

College-Level Perspectives This course helps add to the students’ overall collegiate experience in the following ways:

  • Establishing broad and multiple perspectives on the individual in relationship to the larger society and world in which s/he lives, and to understand the responsibilities of living in a culturally and ethnically diversified world.

  • Stimulating a capacity to discuss and reflect upon individual, political, economic, and social aspects of life in order to understand ways in which to be a responsible member of society.

  • Developing a capacity to use knowledge of how technology and science affect their lives.

  • Developing personal values for ethical behavior.

  • Developing the ability to make aesthetic judgments.

  • Using logical reasoning in problem solving.

  • Integrating knowledge and understand the interrelationships of the scholarly disciplines.

Degree Plan Evaluation A Degree Plan Evaluation will help you determine which classes you need to complete your program.

  1. Sign in to your account.

  2. Click on the “My Services” tab.

  3. Click on the “Student” tab.

  4. Click on Student Records.

  5. Click on Degree Evaluation.

  6. Select the term you are planning on registering for (i.e. Summer I, Summer II, Fall, or Spring)

  7. Verify that the Curriculum Information (your MAJOR) is correct

  8. Click on “Generate New Evaluation” at the bottom of the screen.

  9. Click the radio button next to Program

  10. Click on the Generate Request button.

All of the classes that you have taken that apply to your declared major will be listed on the right. If you have a class that still needs to be completed, a “NO” will be listed on the right next to the required class.

HB 2504 This syllabus is part of LSC-PA’s efforts to comply with Texas House Bill 2504.

Lamar State College - Port Arthur


Lamar State College - Port Arthur, a member of The Texas State University System, is an open-access, comprehensive public two-year college offering quality and affordable instruction leading to associate degrees and a variety of certificates. The College embraces the premise that education is an ongoing process that enhances career potential, broadens intellectual horizons, and enriches life.

Core Values

  • Shared commitment by faculty, staff and administration to a mission characterized by student learning, diversity, and community involvement

  • General education/core curriculum that develops the values and concepts that allow the student to make a meaningful contribution in the workplace or community

  • Academic and technical programs designed to fulfill our commitment to accommodate students with diverse goals and backgrounds, using a variety of delivery methods, on and off campus

  • Technical education programs that provide for the acquisition of the knowledge, skills and behavior necessary for initial and continued employment

  • Student achievement characterized by attainment of individual goals and measured by successful accomplishments and completion of curriculum

  • Co-curricular opportunities that develop social, financial and civic acuity


Lamar State College - Port Arthur operates in the belief that all individuals should be:

  • treated with dignity and respect;

  • afforded equal opportunity to acquire a complete educational experience;

  • given an opportunity to discover and develop their special aptitudes and insights; and,

  • provided an opportunity to equip themselves for a fulfilling life and responsible citizenship in a world characterized by change.

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