Criminal Law: Cases and Materials

Joshua Dressler, Ohio State University College of Law

Stephen P. Garvey, Cornell University Law School

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Table of Contents

Teacher's Manual

Sample Syllabus

PowerPoint Slides

1. The most recent statistics on United States incarceration rates and demographics.

2. More emphasis throughout the casebook on racial discrimination issues (e.g., in use of force by police and in penal decisions).

3. More Note materials on restorative justice and on sexual offender registration laws.

4. Editing of a number of the principal cases throughout the casebook (in some cases upon the suggestions of adopters of the casebook). In some cases this involves adding facts that were edited out in earlier editions; and in other cases it involves cutting portions of some opinions in order to improve clarity.

5. The addition of homicide statutes from Alabama, Missouri, and Texas to the homicide chapter, along with the inclusion of highly significant amendments to the California and New York homicide statutes.

6. Significant redrafting of the heat-of-passion provocation notes, including new focus on homicides resulting from “homosexual” and “heterosexual” sexual advances and homicides against transgender persons.

7. Replacement of People v. Howard (California) (“inherently dangerous felony” limitation on felony-murder rule) with State v. Fisher (Maryland), a case that more thoroughly discusses the limitation and applies the majority rule (unlike Howard).

8. Major changes in the sexual offense materials including the new Model Penal Code sexual offense provisions adopted by the membership of the American Law Institute adopted in 2021; new discussion of the common law rules that made sexual offense prosecutions unduly difficult (“prompt complaint” rule, the “corroboration” requirement, and cautionary jury instructions).

9. A new note on Stand-Your-Ground self-defense statutes, including summary of empirical research on their effect on homicide prosecutions, including exacerbation of racial disparities in prosecutions and convictions.

10. Deletion of the Richard Cohen Washington Post excerpt relating to the Goetz case.

11. Replacement of People v. Kurr (Michigan; defense-of-others defense) with State v. Giminski (Wisconsin), a better case for teaching.

12. Replacement of United States v. Schoon (9th Cir; civil disobedience defense) with Haskell v. Spokane County Dist. Ct. (Washington 2020), a much more factually interesting case.

13. New materials in the insanity materials on Dissociation Identity Disorder (aka Multiple Personality Disorder) and significant redrafting of the “Deific Decree” Note materials.

14. The addition of United States Supreme Court opinion, Kahler v. Kansas (2020), relating to the constitutionality of abolishing the insanity defense.

15. Reorganization of the Inchoate Offenses chapter.

16. Replacement of United States v. Alkhabaz (6th Circuit; pre-attempt conduct) with a less dated and more useful case, Major v. State (Georgia).

17. Addition of a new topic in the Complicity chapter dealing with the “mutual combat” doctrine.

Learn more about this series.