1UNIVERSITY OF MINNESOTA LAW SCHOOL

Criminal Law
Spring 2025
Professor Susanna Blumenthal

Contract information Class information

Office: 436 Mondale Hall Meeting times: W & Th: 10:40-12:05 p.m.
Email: [email protected] Location: Room 50 (or Zoom as needed)
Office Hours: W 12:10-1:10 p.m. & 3-4 p.m.

COURSE DESCRIPTION

Course Aims and Objectives

This course provides an introduction to the basic doctrines comprising the substantive criminal
law, including criminal responsibility, the elements of act, intent, and causation, the doctrines of
justification and excuse, and the rationales for punishment. The structure of criminal liability is
illuminated by studying specific offenses, such as homicide and rape. The course considers the
practical implications of the foundational principles, statutes, and judicial interpretations that
constitute the criminal law, with a particular focus on the criteria used to assess culpability and
determine sanctions within the contemporary American penal system. The readings and class
sessions are designed to facilitate critical thinking about the nature and purpose of criminal law
as well as the meaning of criminal justice.

By the end of this class, students will:

 Be familiar with black letter criminal law in the United States, including the requisite
mens rea and actus reus elements of selected offenses, and be able to spot criminal law
issues in given fact patterns.
 Be familiar with general defenses to crimes such as: self-defense, necessity, duress,
and insanity.
 Apply correct criminal law rules to given facts to make persuasive arguments about
what charges a prosecutor might file, what defenses might be offered, and what result
the courts should and/or are likely to produce.
 Understand the importance of criminal statutes in the modern criminal law, and
practice statutory interpretation skills in the field of criminal law.
 Think critically about the normative foundations and assumptions of the criminal law
doctrine and the justifications for punishment.
 Appreciate the historical and cultural contingency of the criminal law, gaining a fuller
understanding of the political, social, economic, moral, religious, and scientific contexts
and norms that shape and are shaped by the criminal law.
 Develop a structure, operation, administration, efficacy and fairness of the U.S.
criminal legal system.
General Content Warning: Criminal law covers facts and issues that include violence, hatred,
racism, sexism, and other potentially disturbing content. We cannot engage seriously and
meaningfully with the criminal law and criminal justice system without confronting these
realities. As a result, some of the content may be difficult from an emotional as well as an
analytic standpoint. I will try to flag content that may be especially provocative, and we will do
our best as a class to engage thoughtfully, sensitively, and respectfully with all material. But I
will not be able to anticipate everything, and the reality is that criminal law is centrally
concerned with violent and exploitative conduct, which often involves inflicting pain and taking
advantage of the vulnerable. Moreover, in some jurisdictions the criminal law authorizes the
state to kill a human, and it more broadly gives the state the power to place humans in prison,
including solitary confinement. Understanding how the criminal law determines and carries out
punishment is a core learning objective for the course, and to meet this objective requires close
examination of human behavior and decision-making in situations that might trigger intense
emotional reactions. Indeed, we will see that the institutions and practices that constitute the
American penal system at once reflect and channel the complex and often highly charged
responses to wrongdoing on the part of legislators and the broader public.

COURSE MATERIALS, REQUIREMENTS, AND POLICIES

Readings: The readings for the course are contained in Kaplan, Weisberg, and Binder, Criminal
Law: Cases and Materials (9th ed., 2021), and in supplemental materials that will be available on
the Canvas site for the course. For purposes of reading assignments, the former will be
abbreviated as “KWB” and those drawn from the Crespo and Rappaport text, Criminal Law and
the American Penal System as “CR.” The notation “MPC” refers to the Model Penal Code,
which you will find reproduced, in substantial part, in Appendix B of the Kaplan casebook.

As general background to the course, I encourage you to read the whole of Michelle Alexander’s
The New Jim Crow, in addition to the assigned portion. In addition, if you are looking for a
hornbook or review guide/study aid, I would recommend you consult Joshua Dressler’s
Understanding Criminal Law (the most recent, 9th edition (2021), is available online through the
University of Minnesota Library). I will post optional readings throughout the term and am
always glad to point you toward additional resources if you are interested in pursuing various
topics addressed in this course in greater depth.

Reading assignments are listed below under topic headings. Some of this material may be
skimmed or optional (as indicated) and additional readings may be added and/or subtracted. I
have posted a tentative schedule of assignments on Canvas. These assignments are meant to
roughly correspond to class sessions. I will adjust the readings as we go and will post a class
memo at the end of each week about which readings I expect to cover during the following week.
I will also update the syllabus periodically over the course of the term. Please make sure you are
using the latest syllabus and schedule posed on Canvas.

Attendance and Participation: This course requires regular synchronous attendance and
participation at scheduled times, consistent with Law School Academic Rule 1.1. Active
engagement with the course material is strongly encouraged in class sessions. It is expected that
you will read the assigned pages, including notes and questions when included in the assignment,

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and that you come to class prepared to engage meaningfully with the material. Although we will
be using a panel system, all students are expected to read each day’s assigned material prior to
class. Class attendance and participation are both required components of the course and will be
taken into consideration in the grading process. Persistent lack of attendance may also result,
after notice to the student, in involuntary withdrawal from the course or a failing grade in the
course.

You are expected to support each other as colleagues in a joint learning community. Each class
member is entitled to your respect and to a presumption that their views are being offered in
good faith, even if they are views with which you sharply disagree. The subject matter of
criminal law is controversial, and given its difficult nature, statements made in class may cause
unintended harm. If this occurs, I encourage you to speak with me so we can work together as a
community to address any concerns. Finally, personal details about your classmates or me should
not be shared outside of class discussions.

In the event that I need to re-schedule a class session, I recognize that conflicts may arise. I will
arrange for the possibility of zooming into any rescheduled class in addition to recording it so
that you can join remotely or listen to the session after the fact should you have a conflict.
Absence from a re-scheduled class will not be counted as an unexcused absence.

If you are unable to attend a scheduled class session you should email me to provide a brief
explanation, although you need not provide private or sensitive details. Excused absences
include, e.g., illness, family needs, and unavoidable conflicts with medical appointments or
representation responsibilities in clinical courses. In general, if you have any signs/symptoms
of COVID-19 or otherwise feel unwell, you should stay home. If you would like to join a class
remotely, email me in advance. University policy on excused absences can be found at
https://policy.umn.edu/education/makeupwork.

If your absence is likely to interfere with sessions for which you are on call, be sure to contact
me as far in advance as possible to request appropriate arrangements. If your absence interferes
with completion of a blind-graded exam, in order to preserve blind grading please do NOT
notify me, but instead contact Law School Student Affairs at [email protected] to discuss
potential exam variances or accommodations.

Cell phones and laptops: Except in special circumstances, you are expected to silence your
phones in the classroom. Law School policy also prohibits unauthorized use of laptop
computers during class, including, but not limited to, playing games, reading or writing e-mail,
and internet surfing.

Recordings: I will aim to video/audio record all class sessions, though technical problems may
result in some classes not being recorded. All recordings provided to students are governed by
the Law School’s class recording policy, which requires that they may be used only for the
academic benefit of enrolled students and may not be redistributed. The policy is available on the
Academic Policies website, under Classroom Environment and Use of Electronic Devices.
University policy prohibits students from recording class themselves without explicit permission
from the instructor.

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Use of Course Materials: The Powerpoint slides I present during class sessions will be posted
to the Canvas site. Please note that these slides and other materials posted on the course Canvas
site are only for use by students in this semester’s course and may not be distributed to anyone
else without the instructor’s express permission. It is an Honor Code violation to have in your
possession or on your computer, or to view in hard copy or electronic form, Powerpoint slides
for this course from a prior semester.

Grading and Exam Format:

Basis for Grades

Grading this course will be on the A/F scale. Under the Law School Academic Rules, the
meaning of those grades is:

A+ 4.333
A 4.000 Excellent to outstanding
performance A- 3.667

B+ 3.333 Substantially better than adequate

through B 3.000 very good performance
B- 2.667

C+ 2.333 Minimally acceptable through adequate

and C 2.000 somewhat above adequate performance
C- 1.667

D 1.000 Inadequate performance

F 0 Failing performance

Grading for the course will be based on attendance and participation (10%) and a final exam
(90%) described below. Persistent lack of attendance may result, after notice to the student, in
involuntary withdrawal from the course or a failing grade in the course.

Exam Format
The final exam is scheduled for 9 a.m. on Tuesday, May 6, 2025. The mode will be in person and
open book, where you will be allowed to access only hard-copy materials. You will receive more
information about the exam as the term progresses, including details about the review session
and other modes of preparation.

Use of Artificial Intelligence (AI) Tools: Artificial intelligence (AI) language models, such as
ChatGPT, and online assignment help tools, such as Chegg®, may not be used for course
assignments except as explicitly authorized by the instructor. The following actions are
prohibited in this course:
● Submitting all or any part of an assignment statement to an online learning support
platform;

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 ● Incorporating any part of an AI generated response in an assignment or exam;
● Submitting your own work for this class to an online learning support platform for
iteration or improvement.
You are responsible for seeking out this authorization in advance of making use of such
technologies. If you are in doubt as to whether you are using an online learning support platform
appropriately in this course, I encourage you to discuss your situation with me.

Any assignment content composed by any resource other than you, regardless of whether that
resource is human or digital, must be attributed to the source through proper citation. (Examples
of citing content composed by digital tools are presented in: libguides.umn.edu/chatgpt.)

Unattributed use of online learning support platforms and unauthorized sharing of instructional
property are forms of scholastic dishonesty and will be treated as such.

Applicability of Academic and Conduct Policies: This course is subject to all generally
applicable law school and university rules, including the Law School Honor Code and Academic
Rules, the University’s Code of Student Conduct, the University’s policy on Teaching and
Learning: Student Responsibilities as well as with other relevant university rules and policies..
The full text of these and other applicable policies can be found on the Rules and Policies for
Students website.

You should conduct yourself in this class and throughout your Law School career in accordance
with the principles of professionalism applicable to practicing attorneys. The Minnesota Supreme
Court and MSBA Professionalism Aspirations state that “a lawyer’s conduct should be
characterized at all times by personal courtesy and professional integrity in the fullest sense of
those terms” and “lawyers and judges owe each other respect, diligence, punctuality, and
protection against unjust and improper criticism and attack.” I expect the same behavior in your
interactions with me and other faculty, with your fellow students, and with Law School staff.

RESOURCES FOR STUDENTS

Accommodation Support: For degree-seeking law students in need of academic

accommodations related to a disabling condition, please connect directly with the Law School’s
designated Access Consultant from the University’s Disability Resource Center. Classroom
and/or testing accommodations may be available. For questions about accommodation
implementation at the Law School, connect directly with our Student Affairs team at
[email protected]. Any accommodations for testing on blind-graded exercises should be directed
to Student Affairs and not to your instructor so that we can maintain blind grading and protect
your privacy.

Immigration Concerns (including DACA status): The University’s Immigration Response

Team can provide support, answer questions, and connect students with both campus and
community resources. If you are an undocumented student and need support, email
[email protected] to contact the director. More information can be found on the
Immigration Response Team Services website.

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Personal or Health-Related Challenges: The University of Minnesota Law School is
committed to promoting emotional and psychological wellness for all students.

Many resources are available to students facing personal or health challenges that may impact
their academic success. Consult with the Office of Student Affairs ([email protected]) for
specific information and referrals for your situation, or connect directly with the supports
highlighted on the Law Student Support & Well-Being Resource Guide, the Student Life
website, the University Mental Health website, or with Lawyers Concerned for Lawyers.
Student Affairs has advisors available to discuss resources every day of the week, both in-person
and virtually, at lawdos.appointments.umn.edu.

* * *

TENTATIVE COURSE OUTLINE AND READING MATERIAL

Module I: INTRODUCTION TO CRIMINAL LAW [Jan 22 & 23]

A. The “Civil-Criminal Distinction”

1. Kansas v. Hendricks (1997)

Supp.

2. Case Notes
Supp.

B. Introduction to the Criminal Legal System

KWB, pp. 1-18 (skim)

C. The Phenomenon of Mass Incarceration

1. History of Prisons
CR, pp. 5-14

2. Empirical Trends and Lived Experience

CR, pp. 14-33

3. Punishment Without Incarceration

CR, pp. 33-48

D. Root Causes and Prospects for Change

1. Michelle Alexander, “The Color of Justice,” The New Jim Crow (2010)
(optional)
2. David Garland, “The Current Crisis of American Criminal Justice: A Structural
Analysis,” Annual Review of Criminology (2023) (optional)

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Module II. JUST PUNISHMENT [Jan 29 & 30, Feb. 5]

A. Why Punish? The Purposes and Limits of Punishment

1. Retributivism, Moral Desert, and the Duty to Punish

CR, pp. 64-71

3. Utilitarianism and the Assessment of Costs and Benefits

CR, pp. 71-78

a. Deterrence
CR, pp. 78-84

b. Rehabilitation
CR, pp. 84-87

c. Incapacitation
CR, pp. 87-89

d. Mixed Theories and Bottom Lines

CR, pp. 89-92

4. Expressivism and the Utility of Desert

CR, pp. 92-97

5. Abolitionist Critiques and Restorative Justice

CR, pp. 97-103
KWB, pp. 70-75

Application: A Prosecutor’s Dilemma

B. Constitutional Constraints and Statutory Guidelines

1. Principles of Proportionality
KWB, pp. 75-96

7. Sentencing
KWB, pp. 96-100

Module III. THE ELEMENTS OF A CRIMINAL OFFENSE

A. The Criminal Act [Feb 6, 12 & 13]

1. The Requirement of an Act

KWB, pp. 116-19, pp. 119-21 (note 5)

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 a. Liability for Omissions
KWB, pp. 121-24, pp. 124-27 (notes 4-9)

b. The Offense of Possession

KWB, pp. 128-34 (through note 3); pp. 138-39 (note 4)

2. The Requirement of Harm

KWB, pp. 140-47

3. Voluntariness and the Problem of “Status” Crimes

KWB, pp. 147-62 (through note 5)

4. Legality
KWB, pp. 167-73 (through note 5)

5. Specificity
KWB, pp. 179-91

B. The Guilty Mind [Feb 19 & 20, 26 & 27]

1. The Mental Element

KWB, pp. 198-206 (through note 7), p. 213 (note 6), pp. 213-15 (Lambert
v. California)

2. Categories of Culpability
KWB, pp. 217-31 (skip note 1, p. 225)

3. Mistake of Fact
KWB, pp. 232-36 (Regina v. Prince), p. 237 (note 6), pp. 238-241 (People
v. Ryan), pp. 241-44 (notes 2-3 & 5-6)

4. Mistake of Law
KWB, pp. 250-54 (People v. Bray), pp. 256-58 (People v. Baker and notes
1-4), pp. 263-66 (Commonwealth v. Twitchell), pp. 266-68 (and note 5)

5. Capacity for Mens Rea

KWB, pp. 268-76 (through note 1)

IV. CAUSATION [Mar 5 & 6]

A. “But-for” Causation
KWB, pp. 283-85 (Regina v. Dyos and note 1), pp. 290-91 (note 3)

B. Violent Acts
KMB, pp. 291-95 (Hubbard v. Commonwealth and notes 2 & 4)

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 C. Proximate Cause: Foreseeability and Related Limitations Intervening Causes
KMB, pp. 295-300 (Commonwealth v. Rhoades and notes 2-7)

D. Intervening Causes
KWB, pp. 300-3 (Commonwealth v. Root), pp. 306-10 (Commonwealth v.
Hamilton and notes 4-5), pp. 310-15 (Stephenson v. State and note 4)

E. Neglected Duties
KMB, pp. 321-27 (Commonwealth v. Levesque and notes 2-3)

V. HOMICIDE [Mar 19 & 20, 26]

KWB, pp. 332-47 (skim statutes)

A. Intentional Homicide

1. Intentional Murder (Second Degree)

KWB, pp. 349-56 (Francis v. Franklin and notes)

2. Premeditated Murder (First Degree)

KMB, pp. 357-66 (United States v. Watson and notes 2-4, & 7)

3. Voluntary Manslaughter
KWB, pp. 368-75 (People v. Walker and notes 4-5 & 8), pp. 376-79 (notes
1 & 5), pp. 379-86 (Rowland v. State and notes), pp. 387-95 (People v.
Berry and notes), pp. 405-10 (notes 3-6)

B. Unintentional Homicide

1. Involuntary Manslaughter
KWB, pp. 413-19 (Commonwealth v. Welansky and notes), pp. 419-25
(State v. Williams and notes)

2. Reckless Murder
KWB, pp. 426-36 (Mayes v. People and notes)

3. Felony-Murder
KWB, pp. 436-51 (State v. Martin and notes), 455-64 (including text and
notes before and after People v. Washington), 464-66 (People v. Hickman
and notes), 468-74 (People v. Shock and notes)

VI. RAPE [Mar 27 & April 2]

A. Defining the Act

KWB, pp. 891-98

1. “Utmost Resistance” v. “Reasonable Resistance”

KWB, pp. 898-907 (Brown v. State, People v. Dorsey and notes)

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 2. The Elements of Force and Nonconsent
KWB, pp. 907-27 (People v. Barnes, notes 4-7, State v. Smith and notes 3-
8)

3. Lack of Affirmative Expression of Consent

KMB, pp. 927-39 (MTS and notes 2 & 4-8)

B. Mens Rea
KWB, pp. 939-48 (Commonwealth v. Lopez and notes)

C. Evidentiary Reforms
KWB, pp. 967-77

VII. DEFENSES/EXCULPATION [April 3, 9 & 10, 16]

A. Introduction: Justification v. Excuse

KWB, pp. 527-34

B. Defensive Force
KWB, pp. 535-39 (People v. La Voie and notes), pp. 543-68 (State v. Leidholm,
People v. Goetz, and notes), 575-89 (text and notes before and after Tennessee v.
Garner)

C. Necessity
KWB, pp. 589-99 (Queen v. Dudley & Stephens and notes)

D. Duress
KMB, pp. 610-620 (State v. Crawford and notes), pp. 623-25 (note 2)

E. Mental Illness

1. The M’Naughten Rule and Cognition

KWB, pp. 633- (People v. Serravo and notes 3-4 & 6-10)

2. Cognition and Volition: The Road from M’Naghten and Back

KMB, pp. 651-67 (text and notes before and after State v. Smith)

3. Reprise: Reassessing the Insanity Defense

KMB 667-71

VIII. INCHOATE CRIMES [April 17, 23 & 24]

A. Attempt
KWB, pp. 685-89

1. Mens Rea

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 KWB, pp. 689-96 (State v. Lyerla and notes)

2. Actus Reus

a. Preparation v. Attempt
KWB, pp. 703-15 (People v. Murray; McQuirter v. State, People v. Rizzo and
notes)

b. Abandonment
KMB, pp. 715-18 (People v. Staples and notes 1-4)

c. Solicitation
KMB, pp. 720-25 (State v. Lubow and notes)

d. Impossibility
KMB, pp. 725-39 (Booth v. State and notes)

B. Complicity
KWB, pp. 749-52

1. The Accessorial Act

KWB, pp. 752-64 (State v. Ochoa and notes 4-7), pp. 764-74 (State v.
Tally and note 2)

2. Mens Rea of Complicity

KWB, pp. 780-85 (text, People v. Beeman and notes 2 & 4), pp. 789-92
(Wilson v. People), pp. 793-96 (State v. Anthony)

C. Conspiracy
KWB, pp. 828-33 (State v. Verive and notes 1-4)

1. The Agreement
KWB, pp. 835-37 (Griffin v. State and note 1)

2. Mens Rea of Conspiracy

KWB, pp. 845-51 (People v. Lauria)

3. Incidents of Conspiracy
KWB, pp. 857-63 (United States v. Diaz and notes 1& 4)

4. Parties and Objects of Conspiracy

KWB, pp. 863-77

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