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28 Vt. L. Rev. 895 (2003-2004)
Using Non-Fiction Films as Visual Texts in the First-Year Criminal Law Course

handle is hein.journals/vlr28 and id is 905 raw text is: USING NON-FICTION FILMS AS VISUAL TEXTS IN THE
FIRST-YEAR CRIMINAL LAW COURSE
Philip N. Meyer*
with Stephen L. Cusick**
INTRODUCTION
More law professors are going to the movies these days, searching for
appropriate visual texts to supplement the written appellate opinions
excerpted in the casebooks that are at the pedagogical core of their doctrinal
courses. There are many good, and some not so good, reasons for this
practice. First, our law students are increasingly visually literate. They are
visual and aural learners as well, and films often provide excellent
illustrations of many of the doctrinal concepts, especially in criminal law.
Thus, for example, teaching the nature of mens rea, and many related core
issues in criminal law can be facilitated through the careful selection and
use of visual hypotheticals or clips taken from brief excerpts of popular
movies. Legally sophisticated concepts such as distinguishing between
specific and general intent crimes, or understanding the various levels of
culpability categorized by the terminology of the Model Penal Code-
purposely, knowingly, recklessly, negligently'---can often be
readily visualized and discussed using illustrations drawn from filmic clips
displayed in the classroom.
Second, many students find the constant diet of appellate opinions
served up in the first year, the density and impenetrability of many
opinions, and the decontextualized nature of these fragments severed from
the full text of the opinion, often unsatisfying and unfulfilling. The legal
texts raise questions that cannot possibly be fully anticipated and answered
by the supplemental materials in the casebook. Students, especially in the
criminal law course, have difficulty imagining and speculating upon what
they cannot literally see for themselves. This includes many of the best and
most sophisticated students, who become frustrated with the perpetual drill
of dissecting appellate cases, teasing rules from cases, and understanding
* Professor of Law at Vermont Law School. I am, of course, deeply grateful to my former
Criminal Law student Steve Cusick for his collaboration in writing this paper. Steve took my Criminal
Law class in the spring semester of the 2001-2002 academic year.
** Third-year law student at Vermont Law School.
I. MODEL PENAL CODE § 2.02 (2)(a)-(d) General Requirements of Culpability (Proposed
Official Draft 1962).

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