Updated Tuesday, July 5, 2011

10:22 p.m.

Birmingham School of Law

Criminal Law

Summer 2011

Saturday Section

9:00 a.m. – 11:15 a.m.

FNB – 3^rd Floor

Course Website:

www.bsolcrimlaw.com

Instructor:

V. Michelle Obradovic, Esq.

Wise Resolution, LLC

205 20^th Street North, Suite 319

Birmingham, AL 35203

Office: 205-414-7589

Cell or Text Message: 205-602-5014

Michelle@WiseResolution.com

Also - Room 540-1 JCC (716 Richard Arrington Blvd. N.)

Case Manager:

Barbara Patton

BarbaraPatton@WiseResolution.com

Cell: 205-617-7667

CLASS PROTOCOL for MICHELLE O.’S SECTION

Attendance and class participation for every class is mandatory. Saturday students who miss a Saturday lecture class or who need to hear an extra lecture on the topic may attend one of the Tuesday classes as a make-up (Lentine / Sheffield). Specific students have been given case assignments each week. These cases are due to be briefed and discussed in class. Students may coordinate amongst themselves on these case briefing assignments, however the students who received the case assignments and are absent or unprepared will be docked ½ letter grade off their final course grade as a penalty, no exceptions.

Each lecture class will include a slide presentation or other digital materials designed to emphasize key points. The slides will be made available to students in digital form and students are encouraged to follow along with them during the lecture and to revisit them in their individual study groups.

On a situation by situation basis, a student may be given permission to participate in class by teleconference or by webcam. The student who receives such permission must coordinate the technology themselves and the arrangements must not disrupt the other students. Example emergencies would be: a local weather event such as a tornado; hospitalization/recovery; travel for work or with your family; car trouble on the way to school or a documented highly contagious disease.

Students are free to move about during class and to engage in whatever activities support their alertness so long as they are not disruptive to other students. Example disruptive activities would be smelly food, noisy food, reeking of alcohol, side conversations (written, verbal or electronic) and doing things on your computer that everyone around you wants to see, especially me.

Guest BSoL students and instructors are welcome in our sections.

TEXTBOOK:

Criminal Law and Its Process Cases and Materials, Kadish, Schulhofer & Steiker (8^th Edition), and Michie’s Alabama Criminal Code Annotated with Commentaries (2010 Edition) or equivalent.

EXAM INFORMATION

The final exam will consist of 50 multiple choice questions. There will be a paper due during the semester that will be worth up to ten points.

COURSE SCHEDULE for MICHELLE O.’S SECTION

Week 1	May 7, 2011	Chapters 1 and 2 - Institutions and Processes, Justification of Punishment
Week 2	May 14, 2011	Supplement Class
Week 3	May 21, 2011	Chapter 3 – Defining Criminal Conduct, Just Punishment
Week 4	May 28, 2011	Chapter 4 – Rape
Week 5	June 4, 2011	Chapter 5 – Homicide
Week 6	June 11, 2011	Chapter 6 – Significance of Resulting Harm
Week 7	June 18, 2011	Chapter 7 – Group Criminality
Week 8	June 25, 2011	Chapter 8 – Exculpation
Week 9	July 2, 2011	Supplement Class
Week 10	July 9, 2011	Chapter 9 – Theft Offenses
Week 11	July 16, 2011	Chapter 10 – Discretion
Week 12	July 23, 2011	Review
Week 13	July 30, 2011	Paper due
	August 6, 2011	Alternate Exam Date
	August 13, 2011	Final Exam

Week 1	People v. Zackowitz In re Winship Patterson v. New York Duncan v. Louisiana U.S. v Dougherty Regina v. Dudley and Stephens U.S. v. Milken U.S. v. Jackson U.S. v. Gementera Lawrence v. Texas	Section 13A-1-1 Short title. Section 13A-1-2 Definitions. Section 13A-1-3 General purposes of title. Section 13A-1-4 When act or omission constitutes crime. Section 13A-1-6 General rule of construction. Section 13A-1-7 Applicability of title to offenses committed before and after enactment of title. Section 13A-1-8 Procedural matters; civil liabilities not affected by title; prosecution when more than one offense. Section 13A-1-9 Lesser included offenses. Section 13A-1-10 Pending proceedings, rights and liabilities not affected. Section 13A-1-11 Effective date. Section 13A-5-1 Applicability of provisions. Section 13A-5-2 Authorized dispositions. Section 13A-5-3 Classification of offenses. Section 13A-5-4 Designation of offenses. Section 13A-5-5 Presentence investigation. Section 13A-5-6 Sentences of imprisonment for felonies. Section 13A-5-7 Sentences of imprisonment for misdemeanors and violations. Section 13A-5-8 Place of imprisonment. Section 13A-5-9 Habitual felony offenders - Additional penalties. Section 13A-5-9.1 Retroactive application of Section 13A-5-9. Section 13A-5-10 Habitual felony offenders - Proof; restriction on imposition of penalty. Section 13A-5-10.1 Habitual felony offenders - Proof; certified copies of case action summary sheets, docket sheets, etc. Section 13A-5-11 Fines for felonies. Section 13A-5-12 Fines for misdemeanors and violations. Section 13A-5-12.1 Fines for certain additional misdemeanors. Section 13A-5-13 Crimes motivated by victim's race, color, religion, national origin, ethnicity or physical or mental disability.	Students who appear on the class roll with a last name beginning with TUVWXYZ brief cases and students with a last name beginning with A or B brief the code sections.
Week 2	SUPPLEMENT	Criminal Law Lecture Slides.pdf and view video “No Tomorrow” and Justice Lecutes 1, 2, and 3,	No briefing assignments.
Week 3	Commonwealth v. Mochan McBoyle v U.S. U.S. v. Dauray Keeler v. Superior Court Rogers v. Tennessee City of Chicago v. Morales Ewing v. California Martin v. State People v. Newton Jones v. U.S. Pope v State Barber v. Superior Court Cruzan v. Director, Missouri Dept. of Public Health Regina v. Cunningham Regina v. Faulkner State v. Hazelwood Santillanes v. New Mexico U.S. v. Jewell Regina v. Prince People v. Olsen Garnett v. State U.S. v. Balint U.S. v. Dotterweich Morissette v. U.S. Staples v. U.S. State v. Gumanga State v. Baker Regina v. City of Sault Ste. Mare People v. Marrero Cheek v. U.S. U.S. v. Int’l Minerals & Chem. Corp. Liporata v. U.S. Bryan v. U.S. U.S. v. Ansaldi U.S. v. Overholt Lambert v. California	Article 1 Culpability. Section 13A-2-1 Definitions - Generally. Section 13A-2-2 Definitions - Definitions of culpable mental state. Section 13A-2-3 Requirements for criminal liability in general and for offenses of strict liability and of mental culpability. Section 13A-2-4 Construction of statutes with respect to culpability requirements. Section 13A-2-5 Causal relationship between conduct and results; relationship to mental culpability. Section 13A-2-6 Effect of ignorance or mistake upon liability. Section 13A-2-7 Consent. Article 2 Parties to Offenses. Section 13A-2-20 Criminal liability based upon behavior. Section 13A-2-21 Criminal liability based upon behavior of another - Accountability imposed by statute. Section 13A-2-22 Criminal liability based upon behavior of another - Conduct of an innocent person. Section 13A-2-23 Criminal liability based upon behavior of another - Complicity. Section 13A-2-24 Criminal liability based upon behavior of another - Exceptions. Section 13A-2-25 Criminal liability based upon behavior of another - Certain defenses not available. Section 13A-2-26 Criminal liability of an individual for corporate conduct.	Students who appear on the class roll with a last name beginning with RS brief cases and students with a last name beginning with C or D or E brief the code sections
Week 4 and Week 5	State v. Rusk State in the Interest of M.T.S. M.C. v. Bulgaria People v. Evans Boro v. Superior Court Commonwealth v. Sherry Commonwealth v. Fisher People v. Liberta U.S. v. Wiley State v. Delawder Gov.’t ov the V.I. v. Scuito Commonwealth v. Carroll State v. Guthrie Girouard v. State People v. Casassa Commonwealth v. Welansky Rex v. Bateman State v. Barnett People v. Hall State v. Williams Commonwealth v. Malone U.S. v. Fleming Regina v. Serne People v. Stamp People v. Washington People v. Phillips People v. Stewart Hines v. State People v. Burton State v. Canola Gregg v. GA Atkins v. VA McClesky v. Kemp	Article 4 Sexual Offenses. Section 13A-6-60 Definitions. Section 13A-6-61 Rape in the first degree. Section 13A-6-62 Rape in the second degree. Section 13A-6-63 Sodomy in the first degree. Section 13A-6-64 Sodomy in the second degree. Section 13A-6-65 Sexual misconduct. Section 13A-6-65.1 Sexual torture. Section 13A-6-66 Sexual abuse in the first degree. Section 13A-6-67 Sexual abuse in the second degree. Section 13A-6-68 Indecent exposure. Section 13A-6-69 Enticing child to enter vehicle, house, etc., for immoral purposes. Section 13A-6-69.1 Sexual abuse of a child less than 12 years old. Section 13A-6-70 Lack of consent. Article 4A Sexual Offenses by School Employees Involving a Student. Section 13A-6-80 Applicability. Section 13A-6-81 School employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years. Section 13A-6-82 School employee having sexual contact with a student under the age of 19 years Section 13A-6-83 Paid administrative leave; disciplinary action. Article 5 Stalking and Aggravated Stalking. Section 13A-6-90 Stalking. Section 13A-6-91 Aggravated stalking. Section 13A-6-92 Definitions. Section 13A-6-93 Relationship to other laws. Section 13A-6-94 Article construed to sustain constitutionality. Article 6 SEX OFFENSES BY COMPUTER USE INVOLVING A CHILD. Section 13A-6-110 Soliciting a child by computer. Section 13A-6-111 Transmitting obscene material to a child by computer. Section 13A-6-112 No violation of article. Section 13A-6-113 No liability for employer. Article 6A Solicitation of Children by Electronic Means. Section 13A-6-120 Definitions. Section 13A-6-121 Facilitating solicitation of unlawful sexual conduct with a child. Section 13A-6-122 Electronic solicitation of a child. Section 13A-6-123 Facilitating the on-line solicitation of a child. Section 13A-6-124 Traveling to meet a child for an unlawful sex act. Section 13A-6-125 Facilitating the travel of a child for an unlawful sex act. Section 13A-6-126 Jurisdiction. Section 13A-6-127 Defenses. Section 13A-13-1 Bigamy. Section 13A-13-2 Adultery. Section 13A-13-3 Incest. Section 13A-13-4 Nonsupport. Section 13A-13-5 Abandonment of child. Section 13A-13-6 Endangering welfare of child. Section 13A-13-7 Inducing or attempting to induce abortion, miscarriage or premature delivery of woman. Article 7 Domestic Violence in 1st, 2nd, and 3rd Degrees. Section 13A-6-130 Domestic violence - First degree. Section 13A-6-131 Domestic violence - Second degree. Section 13A-6-132 Domestic violence - Third degree. Section 13A-6-133 Arrest without warrant - Generally. Section 13A-6-134 Arrest without warrant - Determination of primary aggressor. Section 13A-6-135 Relation to abuse laws. Section 13A-6-136 Relation to domestic or family abuse laws. Article 8 Human Trafficking. Section 13A-6-150 Short title. Section 13A-6-151 Definitions. Section 13A-6-152 Human trafficking in the first degree. Section 13A-6-153 Human trafficking in the second degree. Section 13A-6-154 Evidence of certain facts or conditions not deemed a defense. Section 13A-6-155 Mandatory restitution. Section 13A-6-156 Forfeiture of profits or proceeds and interest in property. Section 13A-6-157 Civil action by victims; relief awarded. Section 13A-6-158 Limitation period. Section 13A-6-159 Affirmative defense. Section 13A-6-160 Concurrent prosecuting authority; separate offenses. Article 1 Homicide. Section 13A-6-1 Definitions. Section 13A-6-2 Murder. Section 13A-6-3 Manslaughter. Section 13A-6-4 Criminally negligent homicide. Article 2 Assaults. Section 13A-6-20 Assault in the first degree. Section 13A-6-21 Assault in the second degree. Section 13A-6-22 Assault in the third degree. Section 13A-6-23 Menacing. Section 13A-6-24 Reckless endangerment. Section 13A-6-25 Criminal coercion. Section 13A-6-26 Compelling streetgang membership. Section 13A-6-27 Use of pepper spray, etc. Section 13A-6-28 Cross or American flag burning. Section 13A-6-29 Administration of medication by owner, operator, or employee of licensed or statutorily exempt child care facility. Article 3 Kidnapping, Unlawful Imprisonment and Related Offenses. Section 13A-6-40 Definitions. Section 13A-6-41 Unlawful imprisonment in the first degree. Section 13A-6-42 Unlawful imprisonment in the second degree. Section 13A-6-43 Kidnapping in the first degree. Section 13A-6-44 Kidnapping in the second degree. Section 13A-6-45 Interference with custody.	Students who appear on the class roll with a last name beginning with MNOPQ brief cases and students with a last name beginning with FGHI brief the code sections
Week 6	People v. Acosta People v. Arzon Regina v. Cheshire State v. Shabazz U.S. v. Main People v. Campbell People v. Kvorkian Stephenson v. State Commonwealth v. Root People v. Kern State v. McFadden Commonwealth v. Atencio Smallwood v. State King v. Barker People v. Rizzo McQuirter v. State U.S. v. Jackson U.S. v Harper U.S. v Joyce State v. Davis People v. Jaffe People v. Dlugash U.S. v. Berigan U.S. v Oviedo The Case of Lady Eldon’s French Lace	Article 1 Obstruction of Public Administration. Section 13A-10-1 Definitions. Section 13A-10-2 Obstructing governmental operations. Section 13A-10-3 Refusal to permit inspection. Section 13A-10-4 Failing to file required report. Section 13A-10-5 Refusing to aid peace officer. Section 13A-10-6 Refusing to assist in fire control. Section 13A-10-7 Compounding. Section 13A-10-8 Rendering a false alarm. Section 13A-10-9 False reporting to law enforcement authorities. Section 13A-10-10 Impersonating public servant. Section 13A-10-11 Impersonating peace officer. Section 13A-10-12 Tampering with governmental records. Section 13A-10-13 Unlawful use of great seal of state or printing of official identification card. Section 13A-10-14 Unlawful use of facsimile of official identification card. Section 13A-10-15 Terrorist threats. Article 2 Escape and Other Offenses Relating to Custody. Section 13A-10-30 Definitions. Section 13A-10-31 Escape in the first degree. Section 13A-10-32 Escape in the second degree. Section 13A-10-33 Escape in the third degree. Section 13A-10-34 Permitting or facilitating escape in the first degree. Section 13A-10-35 Permitting or facilitating escape in the second degree. Section 13A-10-36 Promoting prison contraband in the first degree. Section 13A-10-37 Promoting prison contraband in the second degree. Section 13A-10-38 Promoting prison contraband in the third degree. Section 13A-10-39 Bail jumping in the first degree. Section 13A-10-40 Bail jumping in the second degree. Section 13A-10-41 Resisting arrest. Section 13A-10-42 Hindering prosecution or apprehension - Definition of "criminal assistance." Section 13A-10-43 Hindering prosecution in the first degree. Section 13A-10-44 Hindering prosecution in the second degree. Section 13A-10-45 Hindering apprehension of escapee. Article 2A Intentionally Fleeing a Law Enforcement Officer. Section 13A-10-50 Short title. Section 13A-10-51 Definitions. Section 13A-10-52 Fleeing or attempting to elude law enforcement officer. Section 13A-10-53 Defense. Section 13A-10-54 Relation to §13A-10-41 Article 3 Bribery and Corrupt Influence. Section 13A-10-60 Definitions. Section 13A-10-61 Bribery of public servants. Section 13A-10-62 Failure to disclose conflict of interest. Section 13A-10-63 Trading in public office. Article 4 Abuse of Public Office. Section 13A-10-80 Definitions. Section 13A-10-82 Misuse of confidential information. Article 5 Perjury and Related Offenses. Section 13A-10-100 Definitions. Section 13A-10-101 Perjury in the first degree. Section 13A-10-102 Perjury in the second degree. Section 13A-10-103 Perjury in the third degree. Section 13A-10-104 Perjury prosecution for inconsistent statements; highest degree of perjury for which conviction may be had. Section 13A-10-105 Corroboration required for perjury conviction; exception. Section 13A-10-106 Denial of guilt in previous trial not to be prosecuted as perjury. Section 13A-10-107 When retraction of false statement bar to perjury conviction. Section 13A-10-108 Irregularities no defense to perjury prosecution. Section 13A-10-109 Unsworn falsification to authorities. Article 6 Offenses Relating to Judicial and Other Proceedings. Section 13A-10-120 Definitions. Section 13A-10-121 Bribing a witness. Section 13A-10-122 Bribe receiving by a witness. Section 13A-10-123 Intimidating a witness. Section 13A-10-124 Tampering with a witness. Section 13A-10-125 Bribing a juror. Section 13A-10-126 Bribe receiving by a juror. Section 13A-10-127 Intimidating a juror. Section 13A-10-128 Jury tampering. Section 13A-10-129 Tampering with physical evidence. Section 13A-10-130 Interfering with judicial proceedings. Section 13A-10-131 Simulating legal process. Article 7 The Anti-Terrorism Act of 2002. Section 13A-10-150 Short title. Section 13A-10-151 Definitions. Section 13A-10-152 Crime of terrorism. Section 13A-10-153 Soliciting of providing support for an act of terrorism. Section 13A-10-154 Hindering prosecution of terrorism. Article 8 Endangering Food and Water Supply. Section 13A-10-170 Definitions. Section 13A-10-171 Elements of offense; exceptions. Article 9 Biological and Bacteriological Weapons. Section 13A-10-190 Definitions. Section 13A-10-191 Designation of explosives. Section 13A-10-192 Additional designations. Section 13A-10-193 Destructive device or bacteriological or biological weapon - Possession, manufacture, transportation, or distribution. Section 13A-10-194 Destructive device or bacteriological or biological weapon - Sales, distribution, etc. Section 13A-10-195 Possession, distribution, etc., of detonator, explosive, poison gas, or hoax device by person under indictment or convicted of felony. Section 13A-10-196 Possession, distribution, etc., of hoax device represented as destructive device or weapon. Section 13A-10-197 Explosives or destructive device or bacteriological or biological weapons crime - Attempt. Section 13A-10-198 Explosives or destructive device or bacteriological or biological weapons crime - Conspiracy. Section 13A-10-199 Hinderance or obstruction during detection, disarming, or destruction of destructive device or weapon. Section 13A-10-200 Possession, distribution, etc., of destructive device or weapon intended to cause injury or destruction. Section 13A-10-201 Separate offenses. Section 13A-10-202 Searches and inspections. Section 13A-10-203 Records of destructive devices, etc., and reports of loss or theft. Section 13A-10-204 Power to compel attendance of witnesses and production of evidence. Section 13A-10-205 Excluded persons and activities. Section 13A-10-206 Use of explosives for legitimate agricultural activities. Section 13A-10-207 Forfeiture of property. Section 13A-10-208 Exclusions for lawfully intended purposes. Section 13A-10-209 Exclusions for lawfully intended purposes. Section 13A-10-210 Criminal possession of explosives. Article 1 Offenses Against Public Order and Decency. Section 13A-11-1 Definitions. Section 13A-11-2 Treason. Section 13A-11-3 Riot. Section 13A-11-4 Inciting to riot. Section 13A-11-5 Unlawful assembly. Section 13A-11-6 Failure of disorderly persons to disperse. Section 13A-11-7 Disorderly conduct. Section 13A-11-8 Harassment or harassing communications. Section 13A-11-9 Loitering. Section 13A-11-10 Public intoxication. Section 13A-11-10.1 Open house parties; when not allowed to continue; exceptions; penalties. Section 13A-11-11 Falsely reporting an incident. Section 13A-11-12 Desecration of venerated objects. Section 13A-11-13 Abuse of corpse. Section 13A-11-14 Cruelty to animals. Section 13A-11-15 Killing a dog used by a peace officer; penalty; exception. Section 13A-11-16 Greyhounds used for racing to be put to death by lethal injection. Section 13A-11-17 Disrupting a funeral or memorial service. Article 2 Offenses Against Privacy. Section 13A-11-30 Definitions. Section 13A-11-31 Criminal eavesdropping. Section 13A-11-32 Criminal surveillance. Section 13A-11-33 Installing eavesdropping device. Section 13A-11-34 Criminal possession of eavesdropping device. Section 13A-11-35 Divulging illegally-obtained information. Section 13A-11-36 Defenses to prosecutions under article. Section 13A-11-37 Forfeiture of eavesdropping device. Article 3 Offenses Relating to Firearms and Weapons. Division 1 General Provisions. Section 13A-11-50 Carrying concealed weapons. Section 13A-11-51 Evidence of apprehension of attack may mitigate punishment, etc. Section 13A-11-52 Carrying pistol on premises not his own; who may carry pistol. Section 13A-11-53 Brass knuckles and slingshots. Section 13A-11-54 Carrying rifle or shotgun walking cane. Section 13A-11-55 Indictment for carrying weapons unlawfully; proof. Section 13A-11-56 Using firearms while fighting in public place. Section 13A-11-57 Selling, etc., pistol or bowie knife to minor. Section 13A-11-58 Sale of firearms or ammunition to residents of other states; purchase in other states. Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places. Section 13A-11-60 Possession or sale of brass or steel teflon-coated handgun ammunition; applicability of section. Section 13A-11-61 Discharging firearm, etc., into occupied or unoccupied building, etc., prohibited; penalty. Section 13A-11-61.1 Discharging into a school bus or school building. Division 1A Rifles and Shotguns. Section 13A-11-62 Definitions. Section 13A-11-63 Possession, sale, etc., of short-barreled rifle or short-barreled shotgun; applicability. Section 13A-11-64 Alteration, etc., of manufacturer's number, etc., of firearm; possession, etc., of firearm after identification altered. Section 13A-11-65 Penalty. Section 13A-11-66 This division supplemental to other laws and penalties. Division 2 Pistols. Section 13A-11-70 Definitions. Section 13A-11-71 Committing crime when armed; evidence of intent. Section 13A-11-72 Certain persons forbidden to possess pistol. Section 13A-11-73 License to carry pistol in vehicle or concealed on person - Required. Section 13A-11-74 License to carry pistol in vehicle or concealed on person - Exceptions. Section 13A-11-75 License to carry pistol in vehicle or concealed on person - Issuance; fee; revocation; release of information. Section 13A-11-76 Delivery to minors, habitual drunkards, etc. Section 13A-11-77 Sales regulated; application for purchase. Section 13A-11-78 Dealers' licenses - Required. Section 13A-11-79 Dealers' licenses - Issuance; conditions; display; fees. Section 13A-11-80 Loans secured by deposit, etc., of pistol prohibited; certain transfers prohibited. Section 13A-11-81 False information in applications for licenses, purchases, etc. Section 13A-11-83 Antique pistols. Section 13A-11-84 Penalties; seizure and disposition of pistols involved in violations of certain sections. Section 13A-11-85 Reciprocity for licenses issued in other states. Article 4 Fireworks. Article 5 Offenses Affecting Businesses, Occupations and Professions. Section 13A-11-120 Commercial bribery. Section 13A-11-121 Receiving commercial bribe. Section 13A-11-122 Conspiracy, combination or agreement to interfere with or hinder business. Section 13A-11-123 Maintaining blacklist. Section 13A-11-124 Making false statements to obtain workers' compensation benefits. Article 6 Offenses Relating to Sports. Section 13A-11-140 Definitions. Section 13A-11-141 Sports bribery generally. Section 13A-11-142 Receiving sports bribe. Section 13A-11-143 Tampering with sports contest. Section 13A-11-144 Harassment, etc., of sports official. Article 6A Offenses Against Animal Research and Animal Production Facilities. Section 13A-11-150 Legislative findings and determinations. Section 13A-11-151 Short title. Section 13A-11-152 Definitions. Section 13A-11-153 Prohibited acts. Section 13A-11-154 Violations. Section 13A-11-155 Restitution. Section 13A-11-156 Additional remedies. Section 13A-11-157 Enforcement. Section 13A-11-158 Construction. Article 7 Offenses Relating to Libel and Defamation. Section 13A-11-160 Libel tending to provoke breach of peace. Section 13A-11-161 Publication of certain documents considered privileged. Section 13A-11-162 Indictment for libel. Section 13A-11-163 Defamation. Section 13A-11-164 Refusal to testify by printer of libel or defamation. Article 8 Registration of Felons. Section 13A-11-180 "Resides" or "residing" defined. Section 13A-11-181 Person convicted more than twice of felony to register with sheriff of county of residence. Section 13A-11-182 Registration card. Section 13A-11-183 Notice of change of address or place of residence. Section 13A-11-184 Certain persons exempt. Section 13A-11-185 Access to registration book. Section 13A-11-186 Penalties for violation of article. Article 9 Registration of Sex Offenders. Section 13A-11-200 Reporting and registration requirements. Section 13A-11-201 Sheriff to maintain register and supply information. Section 13A-11-202 Department of Public Safety to maintain register; disclosure of information. Section 13A-11-203 Penalty for violations of article. Section 13A-11-204 Residential limitations on criminal sex offenders in Class 1 municipalities. Article 10 Miscellaneous Offenses Relating to Public Safety. Section 13A-11-220 Creating a hazard. Section 13A-11-221 Hindering transportation of commodities. Section 13A-11-222 Unlawfully refusing to yield party line. Section 13A-11-223 Falsely requesting use of party line for emergency. Section 13A-11-224 Storing gunpowder, etc., in city or town. Article 11 Cruelty to Dog or Cat. Section 13A-11-240 Definitions. Section 13A-11-241 Cruelty in first and second degrees. Section 13A-11-242 Appointment of agents. Section 13A-11-243 Powers if agents, officers; liability. Section 13A-11-244 Hearing. Section 13A-11-245 Disposition of animal. Section 13A-11-246 Applicability. Section 13A-11-247 Construction. Article 12 Offenses Relating to Airbags. Section 13A-11-270 Fraudulent repair of an airbag. Section 13A-11-271 Fraudulent sale of a motor vehicle without an airbag. Section 13A-11-272 Construction of article. Article 1 General Provisions. Section 13A-12-1 Certain acts prohibited on Sunday. Section 13A-12-2 Holding public markets and trading therein on Sunday. Section 13A-12-3 Selling cigarettes to minors. Section 13A-12-3.1 Definitions. Section 13A-12-3.2 Delivery sale to persons under legal minimum age prohibited; acceptance of purchase order. Section 13A-12-3.3 Delivery prerequisites. Section 13A-12-3.4 Notice requirements. Section 13A-12-3.5 Shipping requirements. Section 13A-12-3.6 Reporting requirements. Section 13A-12-3.7 Collection and remittance of taxes; statement requirements. Section 13A-12-4 Keeping cockpit; cockfighting. Section 13A-12-5 Unlawful bear exploitation; penalties. Section 13A-12-6 Hog and canine fighting. Article 2 Gambling Offenses. Division 1 General Provisions. Section 13A-12-20 Definitions. Section 13A-12-21 Simple gambling. Section 13A-12-22 Promoting gambling. Section 13A-12-23 Conspiracy to promote gambling. Section 13A-12-24 Possession of gambling records in the first degree. Section 13A-12-25 Possession of gambling records in the second degree. Section 13A-12-26 Defense to prosecution for possession of gambling records. Section 13A-12-27 Possession of gambling device. Section 13A-12-28 Prima facie proof of gambling offenses. Section 13A-12-29 Lottery occurring outside state no defense to prosecution under Section 13A-12-22. Section 13A-12-30 Forfeiture of gambling devices and gambling proceeds. Section 13A-12-31 Legalized pari-mutuel betting not affected. Division 2 Suppression of Gambling Places. Section 13A-12-50 Unlawful to maintain electric bells, etc. Section 13A-12-51 District attorney to file complaint on certain information. Section 13A-12-52 Exhibiting gambling devices in barred house or where speaking tubes or electric signals are used. Section 13A-12-53 Owner permitting any person to equip any room, etc. Section 13A-12-54 When affidavit made, court to examine affiant under oath. Section 13A-12-55 Duty of officer to break into and enter house. Section 13A-12-56 Arrest of occupants of house. Section 13A-12-57 Trial; defendant bound over. Section 13A-12-58 Presence of bells, etc., prima facie evidence. Division 3 Transportation of Lottery Paraphernalia. Section 13A-12-70 Transportation by certain persons; seizure of vehicles used. Section 13A-12-71 Movement of vehicle need not be shown. Section 13A-12-72 Procedure for condemnation and forfeiture of vehicle. Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee. Section 13A-12-74 Disposition of proceeds of sale of forfeited vehicle. Section 13A-12-75 Transportation of articles not commonly used in numbers or policy game not unlawful. Section 13A-12-76 Bona fide coin-operated amusement machines. Division 4 Federal Wagering Occupational Tax Stamp. Section 13A-12-90 Possession, etc., of stamp prima facie evidence of violation of gambling laws. Section 13A-12-91 Production of stamp warrants indictment or information. Section 13A-12-92 Proof of ownership, etc. Article 3 Prostitution Offenses. Division 1 Promoting Prostitution. Section 13A-12-110 Definitions. Section 13A-12-111 Promoting prostitution in the first degree. Section 13A-12-112 Promoting prostitution in the second degree. Section 13A-12-113 Promoting prostitution in the third degree. Division 2 Prostitution. Section 13A-12-120 Prostitution defined. Section 13A-12-121 Prohibited activities. Section 13A-12-122 Violations. Article 4 Obscenity and Related Offenses. Division 1 General Provisions. Section 13A-12-130 Public lewdness. Section 13A-12-131 Public display of obscene sticker, sign, etc. Division 2 Importation, Display, Distribution, etc., of Obscene Matter Generally. Division 3 Sale, Exhibition, etc., of Obscene Materials to Minors. Division 4 Obscene Materials Containing Visual Reproduction of Children. Section 13A-12-190 Definitions. Section 13A-12-191 Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts. Section 13A-12-192 Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts. Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age. Section 13A-12-194 Identity of person engaged in obscene act not required. Section 13A-12-195 Indication of commercial exploitation of matter for prurient appeal may be considered in determining whether matter appeals to prurient interest, etc. Section 13A-12-196 Parents or guardians permitting children to engage in production of obscene matter guilty of Class A felony. Section 13A-12-197 Production of obscene matter containing visual depiction of person under 17 years of age involved in obscene acts. Section 13A-12-198 Forfeiture of equipment, materials, vehicles, etc., used in production, transportation, dissemination, etc., of obscene matter. Division 5 Alabama Anti-Obscenity Enforcement Act. Section 13A-12-200.1 Definitions. Section 13A-12-200.2 Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines. Section 13A-12-200.3 Dissemination of obscene material; penalty; disposition of fines. Section 13A-12-200.4 Affirmative defenses. Section 13A-12-200.5 Material harmful to minors - Distribution, possession with intent to distribute, display for sale, etc., prohibited; penalty; affirmative defenses; operation of adult-only enterprise near place frequented by minors; exceptions; disposition of fines. Section 13A-12-200.6 Extradition of persons charged with violation of this division. Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over other matters. Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures; hearing; forfeiture action; action for money judgment. Section 13A-12-200.9 Effect on other laws and ordinances. Section 13A-12-200.10 Inapplicability of criminal provisions to libraries and their agents or employees. Section 13A-12-200.11 Display of genitals, etc., for entertainment purposes; violation; disposition of fines. Section 13A-12-200.12 Special operating license for adult-only enterprises; advertisement; revocation of license. Article 5 Drug Offenses. Division 1 Inchoate Drug Offenses. Section 13A-12-201 Short title. Section 13A-12-202 Criminal solicitation to commit controlled substance crime. Section 13A-12-203 Attempt to commit controlled substance crime. Section 13A-12-204 Criminal conspiracy to commit controlled substance crime. Section 13A-12-205 Included offenses. Division 2 Drug Possession and Sale Offenses. Section 13A-12-210 Short title. Section 13A-12-211 Unlawful distribution of controlled substances. Section 13A-12-212 Unlawful possession or receipt of controlled substances. Section 13A-12-213 Unlawful possession of marihuana in the first degree. Section 13A-12-214 Unlawful possession of marihuana in the second degree. Section 13A-12-214.1 Unlawful possession of certain chemical compounds. Section 13A-12-215 Sale, furnishing, etc., of controlled substances by persons over age 18 to persons under age 18. Section 13A-12-216 Schedules of controlled substances. Section 13A-12-217 Unlawful manufacture of controlled substance in the second degree. Section 13A-12-218 Unlawful manufacture of controlled substance in the first degree. Section 13A-12-219 Unlawful possession of anhydrous ammonia. Division 3 Drug Trafficking Offenses. Section 13A-12-231 Trafficking in cannabis, cocaine, etc.; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine; habitual felony offender act. Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc., of accessories, principals, etc. Section 13A-12-233 Drug trafficking enterprise defined; punishment. Division 4 Sale on or Near School Campus. Section 13A-12-250 Additional penalty if unlawful sale on or near school campus. Division 5 Drug Paraphernalia Offenses. Section 13A-12-260 Drug paraphernalia; use or possession; delivery or sale; forfeiture. Division 6 Sale at or Near Public Housing Project. Section 13A-12-270 Additional penalty for unlawful sale within three-mile radius of public housing project. Division 7 Demand Reduction Assessment Act. Section 13A-12-280 Short title. Section 13A-12-281 Additional penalties prescribed. Section 13A-12-282 Collection of penalties. Section 13A-12-283 Deposit of penalties in Drug Demand Reduction Fund; use of fund. Section 13A-12-284 Suspension and reduction of penalty conditioned on participation in drug rehabilitation program; amount of reduction. Division 8 Suspension of Driver's License for Certain Drug Related Violations. Section 13A-12-290 License suspended for six months; crediting of time. Section 13A-12-291 Specific crimes warranting suspension of driver's license. Section 13A-12-292 Procedure. Section 13A-12-293 Federal crimes and crimes of other states given same effect. Section 13A-12-294 Collection of fee.	Students who appear on the class roll with a last name beginning with JKL brief cases and students with a last name beginning with R or S brief the code sections
Week 7	Hicks v. U.S. State v. Gladstone People v. Luparello Roy v. U.S. State v. McVay People v. Russell Wilcox v. Jeffery State v. Hayes Vaden v. State NY Central & Hudson River Rail. Co. v. U.S. U.S. v. Hilton Hotel Corp. Commonwealth v. Beneficial Finance Co. State v. Christy Pontiac-GMC Gordon v. U.S. U.S. v. Park U.S. v. MacDonald & Watson Waste Oil Co. Krulewitch v. U.S. Pinkerton v. U.S. State v. Bridges U.S. v. Alvarez Interstate Circuit, Inc. v. U.S. People v. Lauria Kottaekos v. U.S. Anderson v. Superior Court U.S. v. Bruno U.S. v. Borelli U.S. v. McDermott Gebardi v. U.S. Garcia v. State	Section 13A-4-1 Criminal solicitation. Section 13A-4-2 Attempt. Section 13A-4-3 Criminal conspiracy generally. Section 13A-4-4 Conspiracy formed in this state to commit crime elsewhere indictable here. Section 13A-4-5 Consummation of object offense not defense to prosecution; multiple convictions on basis of same course of conduct.	Students who appear on the class roll with a last name beginning with HI brief cases and students with a last name beginning with TUVWXYZ brief the code sections
Week 8	U.S. v. Peterson People v. Goetz State v. Kelly State v. Norman State v. Abbot Commonwealth v. Sands State v. Abbott U.S. v. Peterson People v. Ceballos Durham v. State Tennessee v. Garner People v. Unger Borough of Southwark v. Williams Commonwealth v. Leno Commonwealth v. Hutchins U.S. Schoon Regina v. Dudley and Stephens II Public Committee Against Torture v. State of Israel Cruzan v. Director, Missouri Dept. of Health Washington v. Glucksberg State v. Toscano U.S. v. Fleming U.S. v. Contento-Pachon Regina v. Ruzic Roberts v. People People v. Hood State v. Stasio Regina v. Kingston M’Naghten’s Case Blake v. U.S. U.S. v. Lyons State v. Crenshaw State v. Guido U.S. v. Brawner Robinson v. CA Powell v. TX U.S. v. Moore	Article 1 Responsibility. Section 13A-3-1 Mental disease or defect. Section 13A-3-2 Intoxication. Section 13A-3-3 Immaturity. Article 2 Justification and Excuse. Section 13A-3-20 Definitions. Section 13A-3-21 Basis for defense generally; injury to innocent person through negligence; civil remedies. Section 13A-3-22 Execution of public duty. Section 13A-3-23 Use of force in defense of a person. Section 13A-3-24 Use of force by persons with parental, custodial or special responsibilities. Section 13A-3-25 Use of force in defense of premises. Section 13A-3-26 Use of force in defense of property other than premises. Section 13A-3-27 Use of force in making an arrest or preventing an escape. Section 13A-3-28 Use of force in resisting arrest prohibited. Section 13A-3-30 Duress. Section 13A-3-31 Entrapment.	Students who appear on the class roll with a last name beginning with F, G, M, or N brief cases and code sections
Week 9	SUPPLEMENT		No briefing assignments.
Week 10	Commonwealth v. Tluchak Topolewski v. State Nolan v. State Burns v. State Stage v. Riggins Hufstetler v. State Graham v. U.S. People v. Ashley Nelson v. U.S. State v. Harrington People v. Fichter State v. Miller U.S. v. Girard Regina v. Stewart U.S. v. Siegel People v. Brown Regina v. Freely People v. Reid	Article 1 Burglary and Criminal Trespass. Section 13A-7-1 Definitions. Section 13A-7-2 Criminal trespass in the first degree. Section 13A-7-3 Criminal trespass in the second degree. Section 13A-7-4 Criminal trespass in the third degree. Section 13A-7-4.1 Criminal trespass by motor vehicle. Section 13A-7-5 Burglary in the first degree. Section 13A-7-6 Burglary in the second degree. Section 13A-7-7 Burglary in the third degree. Section 13A-7-8 Possession of burglar's tools. Article 2 Criminal Damage to Property. Section 13A-7-20 Definitions. Section 13A-7-21 Criminal mischief in the first degree. Section 13A-7-22 Criminal mischief in the second degree. Section 13A-7-23 Criminal mischief in the third degree. Section 13A-7-23.1 Desecration, defacement, etc., of memorial of dead; invasion or mutilation of corpse. Section 13A-7-24 Criminal tampering - Definitions. Section 13A-7-25 Criminal tampering in the first degree. Section 13A-7-26 Criminal tampering in the second degree. Section 13A-7-27 Criminal use of noxious substance. Section 13A-7-28 Criminal possession of noxious substances. Section 13A-7-29 Criminal littering. Article 3 Arson and Explosives. Section 13A-7-40 Definitions. Section 13A-7-41 Arson in the first degree. Section 13A-7-42 Arson in the second degree. Section 13A-7-43 Arson in the third degree. Section 13A-7-44 Criminal possession of explosives. Article 4 Miscellaneous Offenses. Section 13A-7-60 Unlawfully taking possession of or going back into possession of real estate after dispossession under legal process. Section 13A-7-61 Allowing stock to run at large under common fence. Article 1 Theft and Related Offenses. Section 13A-8-1 Definitions generally. Section 13A-8-2 Theft of property - Definition. Section 13A-8-3 Theft of property in the first degree. Section 13A-8-4 Theft of property in the second degree. Section 13A-8-5 Theft of property in the third degree. Section 13A-8-6 Theft of lost property - Definition. Section 13A-8-7 Theft of lost property in the first degree. Section 13A-8-8 Theft of lost property in the second degree. Section 13A-8-9 Theft of lost property in the third degree. Section 13A-8-10 Theft of services - Definition. Section 13A-8-10.1 Theft of services in the first degree. Section 13A-8-10.2 Theft of services in the second degree. Section 13A-8-10.3 Theft of services in the third degree. Section 13A-8-10.4 Theft of trademarks or trade secrets. Section 13A-8-11 Unauthorized use of vehicle; unlawful breaking and entering a vehicle. Section 13A-8-12 Defenses to prosecutions for theft and unauthorized use of vehicle. Section 13A-8-13 Extortion - Definition. Section 13A-8-14 Extortion in the first degree. Section 13A-8-15 Extortion in the second degree. Section 13A-8-16 Receiving stolen property - Definition. Section 13A-8-17 Receiving stolen property in the first degree. Section 13A-8-18 Receiving stolen property in the second degree. Section 13A-8-19 Receiving stolen property in the third degree. Section 13A-8-20 Bringing stolen property into this state. Section 13A-8-21 Bringing into state property obtained by false pretense elsewhere. Section 13A-8-22 Obscuring identity of vehicle. Section 13A-8-23 Tampering with availability of gas, electricity, or water. Article 1A Secondary Metal Recycling. Section 13A-8-30 Definitions. Section 13A-8-31 Record of purchases. Section 13A-8-32 Inspection of records. Section 13A-8-33 Law enforcement officers authorized to place hold on certain sales of metals. Section 13A-8-34 Contesting identification or ownership of metal property. Section 13A-8-35 Exceptions. Section 13A-8-36 False statement of ownership, identification, etc. Section 13A-8-37 Violations. Section 13A-8-38 Construction. Section 13A-8-39 Application. Article 2 Robbery. Section 13A-8-40 Definitions. Section 13A-8-41 Robbery in the first degree. Section 13A-8-42 Robbery in the second degree. Section 13A-8-43 Robbery in the third degree. Section 13A-8-44 Claim of right not defense in robbery prosecution. Article 2A Pharmacy Robbery. Section 13A-8-50 Short title. Section 13A-8-51 Definitions. Section 13A-8-52 Penalty for violation of article. Article 3 Shopping Carts. Section 13A-8-60 Defined. Section 13A-8-61 Removal from premises without consent of owner; "premises" defined. Section 13A-8-62 Abandonment on public streets, sidewalks, parking lots, etc. Section 13A-8-63 Posting of article in stores. Section 13A-8-64 Penalty for violation of article. Article 3A Traffic Signs. Section 13A-8-70 "Traffic sign" defined. Section 13A-8-71 Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property. Section 13A-8-72 Penalties. Section 13A-8-73 Fines to be deposited in general fund. Article 4 Copying and Sale of Recorded Devices. Section 13A-8-80 "Owner" defined. Section 13A-8-81 Transfer, manufacture, distribution, etc., of certain sounds without consent prohibited; applicability; penalties; recording rights; evidence of performer's consent. Section 13A-8-82 Possession, sale, rental, etc., of recorded device in violation of article prohibited; penalties. Section 13A-8-83 Manufacturer's name required on package. Section 13A-8-84 Confiscation of nonconforming recordings, equipment and components. Section 13A-8-85 Damages in civil action. Section 13A-8-86 Penalties for manufacture, sale, rental, possession for sale or rental, etc., in contravention of article; forfeiture. Article 4A Unlawful Operation of a Recording Device in Motion Picture Theater. Section 13A-8-90 Violations; penalties. Article 5 Alabama Computer Crime Act. Section 13A-8-100 Short title. Section 13A-8-101 Definitions. Section 13A-8-102 Offenses against intellectual property. Section 13A-8-103 Acts constituting offense against computer equipment or supplies; punishment. Article 6 Theft of Cable Television Services. Section 13A-8-120 "Cable television company" defined. Section 13A-8-121 Acts punishable as misdemeanors. Section 13A-8-122 Possession of certain devices constitutes prima facie evidence of intent to violate article. Section 13A-8-123 Civil liability for violations of Section 13A-8-121. Section 13A-8-124 Injunctive relief; damages; proof of actual damages not prerequisite. Section 13A-8-125 Equipment used to violate article is contraband; seizure and forfeiture. Section 13A-8-126 Satellite reception dishes. Article 7 Theft by Fraudulent Leasing or Rental of Property. Section 13A-8-140 Elements of offense of theft by fraudulent leasing or rental. Section 13A-8-141 Prima facie evidence of fraudulent leasing or rental. Section 13A-8-142 Written demand for return of leased property; form of notice. Section 13A-8-143 Immunity from liability for giving of notice. Section 13A-8-144 Penalties. Article 8 Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use. Section 13A-8-150 Definitions. Section 13A-8-151 Unlawful acts with respect to telecommunications devices; seizure and destruction unlawful devices, plans, etc. Section 13A-8-152 Penalties. Article 9 Leaving Premises of Gasoline Sales Establishment without Remitting Payment. Section 13A-8-170 Violation and penalties. Article 10 The Consumer Identity Protection Act. Section 13A-8-190 Short title. Section 13A-8-191 Definitions. Section 13A-8-192 Identity theft. Section 13A-8-193 Trafficking in stolen identities. Section 13A-8-194 Obstructing justice using a false identity. Section 13A-8-195 Restitution for financial loss. Section 13A-8-196 Situs of crime. Section 13A-8-197 Court records to reflect innocence of victim. Section 13A-8-198 Order to correct records. Section 13A-8-199 Civil action for violation of chapter. Section 13A-8-200 Block on false information in credit reports. Section 13A-8-201 Reissuance of identification documents. Article 1 Forgery and Related Offenses. Section 13A-9-1 Definitions. Section 13A-9-2 Forgery in the first degree. Section 13A-9-3 Forgery in the second degree. Section 13A-9-4 Forgery in the third degree. Section 13A-9-5 Criminal possession of forged instrument in the first degree. Section 13A-9-6 Criminal possession of forged instrument in the second degree. Section 13A-9-7 Criminal possession of forged instrument in the third degree. Section 13A-9-8 Limitation on criminal liability for forgery and criminal possession of forged instrument. Section 13A-9-9 Criminal possession of forgery device. Section 13A-9-10 Criminal simulation. Section 13A-9-11 Obtaining signature by deception. Section 13A-9-12 Offering false instrument for recording. Section 13A-9-13.1 Negotiating worthless negotiable instrument - Generally. Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment upon instrument. Section 13A-9-13.3 Negotiating worthless negotiable instrument - Prima facie evidence of identity. Section 13A-9-14 Illegal possession or fraudulent use of credit card or debit card. Section 13A-9-14.1 Fraud by persons authorized to provide goods and services; definitions. Section 13A-9-15 Reporting of credit card lost, stolen or mislaid. Section 13A-9-16 Unlawfully using slugs - Definitions. Section 13A-9-17 Unlawfully using slugs - Prohibition. Section 13A-9-18 Criminal impersonation. Section 13A-9-18.1 Giving of false name or address to a law enforcement officer. Section 13A-9-19 Change bills - Emitting as money. Section 13A-9-20 Change bills - Circulating. Section 13A-9-21 Submitting of false or fraudulent application for certificate of qualification or license to practice medicine. Article 2 Business Frauds. Section 13A-9-40 Definitions. Section 13A-9-41 Deceptive business practices. Section 13A-9-42 False advertising. Section 13A-9-43 Bait advertising. Section 13A-9-44 Limitation on criminal liability for false advertising and bait advertising by broadcasters, publishers, etc. Section 13A-9-45 Falsifying business records. Section 13A-9-46 Defrauding secured creditors. Section 13A-9-47 Defrauding judgment creditors. Section 13A-9-48 Fraud in insolvency. Section 13A-9-49 Issuing false financial statement. Section 13A-9-50 Receiving deposits in failing financial institution. Section 13A-9-51 Misapplication of property. Section 13A-9-52 Sale and delivery of coal mixed with other substances or materials or with different quality of coal. Article 3 Charitable Fraud. Section 13A-9-70 Definitions. Section 13A-9-71 Registration of charitable organizations, professional fund raisers, and commercial co-venturers, and professional solicitors; notification of changes; exempt persons; annual report; prohibition against fund raising by unregistered person; contracts between professional fund raisers and commercial co-venturers; appointment of Secretary of State as agent for service of process; use of name of charitable organization without consent; disclosure by solicitors; violations and penalties; injunctive relief. Section 13A-9-72 Theft of property by charitable fraud. Section 13A-9-73 Charitable fraud in the first degree. Section 13A-9-74 Charitable fraud in the second degree. Section 13A-9-75 Charitable fraud in the third degree. Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.; civil penalties. Article 3A Unlawful Charitable Solicitation. Section 13A-9-80 Definitions. Section 13A-9-81 Charitable organizations and other persons required to place disclosure labels on containers used for soliciting funds. Section 13A-9-82 Person or organization who knowingly violates article is guilty of crime. Section 13A-9-83 When disclosure label not required. Section 13A-9-84 Construction with other law. Article 4 Illegal Possession of Food Stamps. Section 13A-9-90 Definitions. Section 13A-9-91 Illegal possession of food stamps in the first, second and third degree. Section 13A-9-92 Revocation of liquor license for illegal possession of food stamps. Article 5 HOME REPAIR FRAUD. Section 13A-9-110 Definitions. Section 13A-9-111 Elements of the offense. Section 13A-9-112 Determination of intent and knowledge. Section 13A-9-113 Substantial performance. Section 13A-9-114 Penalties. Section 13A-9-115 Restitution. Article 6 Residential Mortgage Fund. Section 13A-9-130 Residential mortgage fraud. Section 13A-14-1 Maiming one's self to escape duty or obtain alms. Section 13A-14-2 Executive or secret sessions of certain boards. Section 13A-14-3 Marathon, etc., contests prohibited. Section 13A-14-4 Fraudulently pretending to be clergyman. Section 13A-14-5 Solicitation of advertisements for state or federal peace officer magazines or journals.	Students who appear on the class roll with a last name beginning with C, D, E, J, O, P or Q brief cases and code sections.
Week 11	Linda R.S. v. Richard D Inmates of Attica Correctional Facility v. Rockefeller U.S. v. Armstrong Brady v. U.S. Bordenkirscher v. Hayes Williams v. NY U.S. v. Thompson Blakely v. Washington	Article 2 Death Penalty and Life Imprisonment Without Parole. Section 13A-5-39 Definitions. Section 13A-5-40 Capital offenses. Section 13A-5-41 Lesser included offenses. Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses; sentencing. Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in sentence hearing. Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances. Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts; vote required; mistrial; waiver of right to advisory verdict. Section 13A-5-47 Determination of sentence by court; pre-sentence investigation report; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings; court not bound by sentence recommended by jury. Section 13A-5-48 Process of weighing aggravating and mitigating circumstances defined. Section 13A-5-49 Aggravating circumstances. Section 13A-5-50 Consideration of aggravating circumstances in sentence determination. Section 13A-5-51 Mitigating circumstances - Generally. Section 13A-5-52 Mitigating circumstances - Inclusion of defendant's character, record, etc. Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations to be made by court; authority of court following review. Section 13A-5-54 Appointment of experienced counsel for indigent defendants. Section 13A-5-55 Conviction and sentence of death subject to automatic review. Section 13A-5-56 Supreme court to promulgate indictment forms, verdict forms and jury instructions. Section 13A-5-57 Application of article to conduct after effective date. Section 13A-5-58 Interpretation of article. Section 13A-5-59 Application of article upon finding of unconstitutionality.	Students who appear on the class roll with a last name beginning with AB and L brief cases and code sections
Week 12	REVIEW	Review	No briefing assignments.

Paper:

The following written assignment for Criminal Law is due to be turned in at the end of classes on Saturday July 30, 2011.

All students are to write and submit a “Legal Memorandum” addressing issues involving homicide using Alabama law taken from the Alabama Criminal Code based on the following fact pattern:

“You are the law clerk for Circuit Judge John A. Offensive. The Judge has asked you to prepare him a legal memorandum concerning possible lesser included offense(s) jury instructions and defense jury instructions in a homicide case he has just tried to completion. The evidence at trial was as follows: The Defendant is charged with Murder (Section 13A-6-2(a)(1)) for the intentional killing of his mistress who he acknowledges he shot once in the head and killed. The deceased had been calling the Defendant for several days prior to the incident demanding he divorce his wife and marry her. (All phone calls were proven via phone records received in evidence at trial.) The Defendant acknowledged that the two argued bitterly in those phone conversations and he was angry about her demands and her threats to expose their affair. On the morning of the incident the deceased called the Defendant and demanded his answer or she would “make him pay!” The Defendant hung up on the deceased. Within 2 hours, the deceased drove over to the Defendant’s home. The Defendant, who was alone in his home, saw the deceased pull her car into the driveway and get out of the car heading toward his house. The Defendant saw the deceased apparently carrying something in her hand which was concealed by a sweater. The Defendant, a police officer, was leaving for and late for work when she arrived at his home, and he stepped out of the front door to his home to meet her. The deceased stopped approximately 20 feet from the Defendant and said to him, angrily “I told you I make you pay and now you will!” as she began to pull her hand from underneath the sweater. The Defendant testified he feared she had a gun and was going to shoot him so he pulled out his service weapon, shot her once in the head killing her. At the scene no gun was found in the deceased’s hand only a letter to his wife outlining their affair. In a later search of the deceased’s home a small pistol was found by the police.”

The Judge asks you for a memorandum on these issues:

First, besides the Murder charge what if any lesser included offense(s)(13A-1-9) jury charges can legally be given under these facts and why?

Second, can a self defense charge be given to the jury and if so why? And

Third, does the Defendant’s status as a police officer entitle him to a charge on the defense regarding law enforcement officers under the defenses section of the code?

This memorandum should be typed or computer generated and can no longer than 5 pages in length double or single spaced. The form/structure of the Memorandum is to be as follows:

FORM OF LEGAL MEMORANDUM

MEMO TO: Judge John A. Offense

FROM: Your name

DATE:

RE: Possible Jury Instructions for Murder Case

ISSUE 1/2/3:

A) IDENTIFY RELEVANT FACTS PERTAINING TO ISSUE

B) ANALYZE FACTS TO THE APPLICABLE LAW

C) GIVE LEGAL OPINION/CONCLUSION YOU REACH & WHY (i.e. The legal support for the conclusion you reach. (i.e. Code section or case(s) cites, annotations in the Code)

FOLLOW THIS OUTLINE IN ADDRESSING ALL 3 ISSUES.