Criminal Law

by Reid, Sue Titus

• ISBN13: 9780199899388
• ISBN10: 019989938X
• Edition: 9th
• Format: Hardcover
• Copyright: 2012-08-03
• Publisher: Oxford University Press

Summary

This book is for Criminal Law courses taught out of Criminal Justice Departments. It uses a modified case approach to provide a comprehensive and contemporary introduction to criminal law. By employing carefully excerpted court opinions and cases to illustrate important points, Reid gives students a taste of traditional case method without burdening them with massive amounts of legal material. She weaves appellate court cases into the text and asks students to analyze court decisions in light of their own views and perceptions. Each chapter ends with longer case excerpts for analysis, along with study questions, key terms, and issues for debate.

Author Biography

Sue Titus Reid (JD, PhD) is Professor in the Askew School of Public Administration and Policy at Florida State University.

Table of Contents

Each chapter begins with an Outline and an Introduction and ends with a Summary, Study Questions, "For Debate" sections, a list of key terms, "Case Analysis" sections, "Internet Activity" features, and Notes.
PREFACE
ABOUT THE AUTHOR
CHAPTER 1: AN INTRODUCTION TO CRIMINAL LAW
The Emergence of Law
Civil and Criminal Law Distinguished
The Nature and Purpose of Criminal Law
Criminal Law as Punishment
Retribution
> Incapacitation
> Deterrence
> Reformation or Rehabilitation
Criminal Law and Morality
U.S. Legal Provisions for Government
The Judicial Branch of Government
U.S. Court Systems
The Model Penal Code and Criminal Law Reform
English Common Law and Its Impact
Sources of Criminal Law
Statutory Law
Constitutions
Judicial Decisions and Customs
Administrative Law
Discretion and Criminal Law
Classification of Crimes and Related Offenses
Grade of Offense
Moral Turpitude
Other Classifications
The Limitations on Criminal Law
Void for Vagueness
Ex Post Facto Laws and Bills of Attainder
Repeal or Amendment of a Statute
Cruel and Unusual Punishment
Due Process and Equal Protection
The Right of Privacy
The Establishment of Guilt
The Adversary System
The Burden of Proof
Determining Criminal Culpability: The Judge and the Jury
How to Read and Interpret a Case
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CHAPTER 2: ELEMENTS OF A CRIME
The Elements of a Crime
A Criminal Act
> The Exclusion of Involuntary Conduct
> Proof of an Act
> Possession as an Act
> Criminal Failure to Act
A Criminal Intent
> Problems of Interpretation
> Proving Criminal Intent
The Concurrence of a Criminal Act and a Criminal Intent
Causation
Attendant Circumstances
Liability Without Fault
Strict Liability
Vicarious Liability
Enterprise Liability
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 3: ANTICIPATORY OFFENSES AND PARTIES TO CRIMES
Solicitation
Elements of Solicitation
Defenses to Solicitation
Attempt
Elements of Attempt
Defenses to Attempt
The Spread of AIDS: An Attempt Crime?
Conspiracy
The Problem of Definition
Elements of Conspiracy
> The Act or Agreement: The Problem of Multiple Agreements; The Requirement of an Act Plus an Agreement
> The Intent
Limitations on Parties to Conspiracy
Defenses to Conspiracy
Other Issues in Conspiracy
Parties to Crimes
Elements of Accomplice Liability
Other Issues of Accomplice Liability
> The Wharton Rule
> Defenses to Accomplice Liability
> The Scope of Accomplice Liability
Prosecuting Anticipatory Offenses and Parties to Crimes
Federal RICO Statutes
State RICO Statutes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 4: DEFENSES TO CRIMINAL CULPABILITY
The Burden of Proof and Presumptions
Major Court Decisions
The Element of Intent
The Burden of Proof and Self-Defense
The Burden of Proof and the Insanity Defense
Types of Defenses
Ignorance or Mistake
Duress or Necessity
Infancy
Insanity
> The M'Naghten Rule
> The Irresistible Impulse Test
> The Durham Rule
> The Substantial Capacity Test
> Guilty but Mentally Ill (GBMI)
> Constitutional Challenge to the Insanity Defense
> Abolition of the Insanity Defense
Diminished Capacity or Partial Responsibility
Automatism
Entrapment
Outrageous Government Conduct
Defense of Persons and Property
Law Enforcement
Intoxication
Domestic Authority
Consent, Condonation, and Victim's Conduct
Syndrome and Stress Disorder Defenses
> The Battered Person Syndrome
> Extreme Emotional Disturbance Syndrome
> Posttraumatic Stress Disorder (PTSD): The Combat Stress Syndrome; Rape Trauma Syndrome (RTS); Postpartum Depression (PPDD) Syndrome
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 5: CRIMINAL HOMICIDE
An Overview of Violent Crimes
Homicide
General Definitional Issues
> Another Human Being Requirement
> The Definition of Death
Causation
> The Year-and-a-Day Rule
> Multiple Causation
Corpus Delicti
Murder
Elements of Murder
Common Law Murder
Types of Murder
> Intent to Kill
> Intent to Inflict Great Bodily Harm
> Depraved Heart
> Intent to Commit a Felony
> Murder for Hire
Degrees of Murder
Lesser Included Offenses
Physician Assisted Suicide (PAS)
Manslaughter
Types of Manslaughter
> Voluntary Manslaughter: Heat-of-Passion Manslaughter; Manslaughter in Domestic Relations; The Reasonable Person Standard
> Involuntary Manslaughter: Misdemeanor or Negligent Manslaughter; Vehicular and DUI Manslaughter; Failure-to-Act Manslaughter
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 6: ASSAULT, ROBBERY, RAPE, AND OTHER SERIOUS CRIMES AGAINST THE PERSON
Assault
Simple Assault
Aggravated Assault
Reckless Assault
Mayhem
Robbery
The Elements of Robbery
Home Invasion Robbery
Forcible Rape
Data on Forcible Rape
Focus on Forcible Sodomy
The Elements of Forcible Rape and Sodomy
> Gender of the Actor and of the Victim
> The Requirement of Penetration
> Lack of Consent
Domestic Violence
Intimate Partner Violence (IPV)
Date Rape
Marital Rape
Child Abuse
> Nonsexual Abuse and Neglect
> Sexual Abuse: Statutory Rape; Incest
Elder Abuse
False Imprisonment and Kidnapping
Hate Crimes
Stalking
Bullying
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 7: PROPERTY AND RELATED CRIMES
Serious Property Offenses
Larceny Theft
> Common Law Larceny-Theft: Trespassory Taking; A Carrying Away; Personal Property of Another; With the Intent to Steal
> Modern Theft Codes
Burglary
> Common Law Burglary
> Statutory Burglary
Motor Vehicle Theft
Arson
> Common Law Arson
> Statutory Arson
Less Serious Property Offenses
Embezzlement
Fraud
> Fraud Against the Elderly
> Mortgage Fraud
> Mail and Wire Fraud
> Health Care Fraud
> Securities Fraud
False Pretense
Stolen Property: Buying, Receiving, Possessing
Malicious Mischief
Trespass
Extortion or Blackmail
Computer Crimes
Identity Theft
Controlling Computer Crimes
Carjacking
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 8: CRIMES AGAINST PUBLIC ORDER AND PUBLIC DECENCY
Crimes Against Public Order
Breach of the Peace
Fighting Words
Disorderly Conduct, Vagrancy, and Loitering
Alcohol and Drug-Related Offenses
> Public Intoxication and Drug Incapacitation
> Driving Under the Influence (DUI)
> Alcohol Offenses and Minors: Sale of Alcohol to Minors; Minors in Possession
Unlawful Assembly, Rout, and Riot
Weapons Offenses
Obstructing a Highway or Public Passage
Animal Abuse
Harassment
Crimes Against Public Decency
Obscenity, Lewdness, and Indecency
Sodomy
Seduction and Fornication
Adultery
Bigamy
Prostitution
> Statutory Provisions
> Trafficking
Pornography
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 9: CRIMES AGAINST THE GOVERNMENT AND TERRORISM
Crimes Against the Government
Perjury
Bribery
Official Misconduct in Office
Obstruction of Justice
Contempt of Court
Treason
Terrorism
The Problem of Definition
> The Federal Criminal Code
> Examples of State Terrorism Statutes
The Categories of Terrorism
Terrorism Objectives, Strategies, and Tactics
Terrorism Victims
Weapons of Mass Destruction (WMD)
> Chemical Agents
> Biological Agents
> Nuclear Devices
Cyberterrorism
The Control of Terrorism
The National Level
> The 9/11 Commission
> The Antiterrorism and Effective Death Penalty Act of 1996
> The USA Patriot Act
> The Department of Homeland Security (DHS)
> The Transportation Security Administration (TSA)
> The Enhanced Border Security and Visa Entry Reform Act of 2002
> The Public Health Security and Bioterrorism Preparedness Response Act of 2002
> The Intelligence Reform and Terrorism Prevention Act of 2004
The State Level
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 10: DRUG ABUSE AND DRUG TRAFFICKING
Drug Abuse
The Problem of Definition
Alcohol Prohibition and Regulation
Controlled Substances
> Possession of Controlled Substances
> Possession of Drug Paraphernalia
> The Manufacture, Prescription, and Sale of Drugs
The Nature and Extent of Drug Abuse
The Impact of Drug Abuse
> Drugs and Crime
> Health and Other Problems
> Club Drugs, Alcohol, and Campus Crime: Federal Laws and Club Drugs; State Laws and Club Drugs; Education about Club Drugs
> Fetal Abuse
The Economic Cost of Drug Abuse
The Impact of Drugs on Criminal Justice Systems
> Impact on the Courts
> Influence over Law Enforcement Officials
> Prison and Jail Overcrowding
Drug Trafficking
The Dynamics of Drug Trafficking
Money Laundering
> Federal Statutes
> State Statutes
The Control of Drug Abuse and Drug Trafficking
The Federal Level
> The U.S. War on Drugs: The Background
> Recent White House Drug Policies
The State Level
> Rockefeller and Other Harsh Laws
> Substance Abuse and Treatment
> Drug Courts
Legalizing Marijuana for Medicinal Purposes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CHAPTER 11: SENTENCING AND THE CRIMINAL LAW
Determining Sentences
Sentence Models
Presumptive Sentencing
Sentencing Guidelines
> State Sentencing Guidelines
> Federal Sentencing Guidelines
> Litigation Concerning Sentencing Guidelines
> Critique of Sentencing Guidelines
Recent Sentencing Reform Measures
Three Strikes and You're Out Legislation
Truth in Sentencing Legislation
The Fair Sentencing Act of 2010
Capital Punishment
Constitutional Issues in Sentencing
Execution of the Mentally Challenged
Right to a Trial by Jury
Equal Protection
Proportionality
Cruel and Unusual Punishment
> The Execution of Juveniles
> Life Without Parole and Juveniles
Sex Offender Laws
Registration and Related Laws
Civil Commitment Procedures
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
APPENDIX A: SELECTIONS FROM THE CONSTITUTION OF THE UNITED STATES
APPENDIX B: HOW TO READ A COURT CITATION
GLOSSARY
CASE INDEX
NAME INDEX
SUBJECT INDEX