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The most up-to-date book on the market, Criminal Law: The Essentials, Third Edition, provides a brief yet comprehensive introduction to this fascinating and ever-evolving field in a slim, flexible, and affordable format.
Meticulously revised and updated, the third edition features:
The most recent cases and developments in criminal law, illustrated with current events
New and updated focus boxes featuring real-world examples
Expanded discussions of terrorism, campus crimes, capital punishment, and drug-related crimes
Edited cases with additional information and questions, on the free, open-access Companion Website
Relevant portions of state and federal statutes, also on the Companion Website
A Student Study Guide on the Companion Website with chapter outlines, key terms with definitions, chapter overviews, learning objectives, and review, multiple-choice, fill-in-the blank, and short-answer questions
An Ancillary Resource Center containing an Instructor's Manual, a Computerized Test Bank, and PowerPoint lecture slides
Table of Contents
Each chapter opens with a Chapter Outline and an Introduction. Each chapter closes with a Summary, Study Questions, a "For Debate" section, Key Terms, an Internet Activity, and Notes. Preface 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 --Rehabilitation Criminal Law and Morality U.S. Legal Provisions for Government The Principle of Legality The Judicial Branch of Government U.S. Court Systems The Model Penal Code (MPC) 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 The Limitations on Criminal Law Void for Vagueness and Overbreadth 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 Other Constitutional Limitations The Nature and Purpose of U.S. Court Systems The Dual Court System Trial and Appellate Courts The Establishment of Guilt The Adversary System The Burden of Proof Determining Criminal Culpability: The Judge and the Jury How to Read and Interpret an Appellate Opinion 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 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 in Accomplice Liability --The Wharton Rule --Defenses to Accomplice Liability --The Scope of Accomplice Liability Prosecuting Anticipatory Offenses and Parties to Crimes Chapter 4. Defenses to Criminal Culpability The Burden of Proof and Presumptions Types of Defenses Ignorance or Mistake Duress or Necessity Infancy Insanity --Insanity Tests --Guilty but Mentally Ill (GBMI) --Guilty Except Insane --Abolition of the Insanity Defense Diminished Capacity or Partial Responsibility Automatism Entrapment Outrageous Government Conduct Defense of Persons and Property --Self-Defense --Defense of Others --Defense of Property Law Enforcement Intoxication Domestic Authority Consent and Condonation Syndrome and Stress Disorder Defenses 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 --Capital Murder --Intent to Commit a Felony --Murder for Hire Degrees of Murder Lesser Included Offenses Mercy Killing: An Exception or Murder? Physician Assisted Suicide (PAS) Manslaughter Voluntary Manslaughter --Heat-of-Passion Manslaughter --Manslaughter in Domestic Relations Involuntary Manslaughter --Misdemeanor or Negligent Manslaughter --Vehicular and DUI Manslaughter --Failure-to-Act Manslaughter Chapter 6. Assault, Rape, and Other Crimes against the Person Assault Simple Assault Aggravated Assault Reckless Assault Mayhem Robbery The Elements of Robbery Home Invasion Robbery Rape and Sodomy Definitional Issues The Elements of Rape and Sodomy --Gender of the Actor and of the Victim --The Requirement of Penetration --Lack of Consent Domestic Violence Intimate Partner Violence (IPV) Marital Rape Date Rape Child Abuse --Statutory Rape --Incest Elder Abuse Campus Issues Active Shootings Sexual Assaults Guns Racial Concerns Alcohol and other Drugs False Imprisonment and Kidnapping Hate Crimes Stalking Cyberstalking 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 --Academic and Related Fraud False Pretense Forgery Stolen Property: Buying, Receiving, Possessing Malicious Mischief Trespass Extortion or Blackmail Computer Crime Types of Computer Crime Controlling Computer Crime Identity Theft Characteristics of Identity Theft State and Federal Statutes 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 Criminalization of Homelessness 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 --Focus on Campus Substance Abuse Unlawful Assembly, Rout, and Riot Weapons Offenses Obstructing a Highway or Public Passage Animal Abuse Harassment Offenses Against Public Decency Prostitution Human Trafficking Obscenity, Lewdness, and Indecency Sodomy Seduction and Fornication Adultery Bigamy Pornography --Federal Provisions --Sexting --Revenge Porn Chapter 9. Crime Against the Government and Terrorism Crimes Against the Government Perjury Bribery Official Misconduct in Office Obstruction of Justice Contempt of Court Treason --The Elements of Treason --Treason-Related Crimes Terrorism The Problem of Definition --The Federal Criminal Code --State Terrorism Statutes Current Terrorist Threats by ISIS Cyberterrorism The Control of Terrorism The National Level --The 9/11 Commission --The Antiterrorism and Effective Death Penalty Act --The USA Patriot Act --The Department of Homeland Security (DHS) --The Transportation Security Administration (TSA) The State Level Chapter 10. Substance Abuse Crimes Alcohol Prohibition and Regulation Controlled Substances Possession of Controlled Substances Possession of Drug Paraphernalia The Manufacture, Prescription, and Sale of Illegal Drugs --Drug Trafficking --Prescription Drug Abuse The Nature and Extent of Drug Abuse The Impact of Drug Abuse Economic Cost Drugs and Crimes Health of Abusers Fetal Abuse Club Drugs, Alcohol, and Campus Issues Effect on Criminal Justice Systems The Control of Substance Abuse The Federal Level --The U.S. War on Drugs: A Brief History --Recent White House Drug Control Policies The State Level --Mandatory Sentencing --Substance Abuse and Treatment Drug Courts Legalizing Marijuana Marijuana for Medicinal Purposes Recreational Use of Marijuana Chapter 11. Sentencing Determining Sentences Sentencing Models Presumptive Sentencing Sentencing Guidelines --State Sentencing Guidelines --Federal Sentencing Guidelines --Evaluation of Sentencing Guidelines Recent Sentencing Reform Measures Three Strikes and You're Out Legislation California's Proposition 47 Truth in Sentencing Legislation The Fair Sentencing Act of 2010 Current Reform Issues Constitutional Issues in Sentencing Capital Punishment Execution of the Mentally Challenged The Right to a Trial by Jury Equal Protection Proportionality Capital Punishment Execution Methods The Sentencing of Juveniles Sex Offender Laws State Registration Laws Federal Registration Laws Constitutional and Other Challenges Civil Commitment Procedures Glossary Appendix A: The Constitution of the United States: Selected Sections Appendix B: How to Read a Court Citation Case Index Name Index General Index