Criminal Law

by Gardner, Thomas J.; Anderson, Terry M.

• ISBN13: 9780534512675
• ISBN10: 0534512674
• Edition: 7th
• Format: Hardcover
• Copyright: 1999-07-15
• Publisher: Wadsworth Publishing

Summary

This highly accessible text provides a comprehensive introduction to all aspects of criminal law. Gardner and Anderson illuminate what is prescribed criminal behavior by discussing and citing criminal law without employing extensive cases. Using a strong pedagogical framework, this book aids the student in comprehending complex topics in a methodical manner.

Table of Contents

Basic Concepts of Criminal Law
Criminal Law Generally	p. 1
Criminal Law in a Democracy	p. 2
Criminal Law and Related Fields of Law	p. 3
The Principle of "No Punishment Without a Law for It"	p. 7
Classifications of Crimes	p. 8
General Constitutional Limitations on Criminal Laws	p. 12
Questions and Problems	p. 18
Purposes, Scope, and Sources of Criminal Law	p. 21
Goals and Purposes of Criminal Law	p. 22
The Permissible Scope of Criminal Laws in the United States	p. 24
Sources of Criminal Law	p. 26
Essential Elements of a Crime	p. 33
Crimes Requiring Proof of Mental Fault	p. 34
Strict Liability Crimes	p. 43
Proximate Cause or Causation	p. 45
Possession Alone as a Crime	p. 49
The Use of Presumptions and Inferences in Criminal Law	p. 51
Questions and Problems	p. 56
Criminal Liability	p. 58
Preliminary, Anticipatory, or Inchoate Crimes	p. 59
Parties to the Principal Crime	p. 69
Post-Crime Offenses	p. 75
Questions and Problems	p. 79
Criminal Responsibility and the Capacity to Commit a Crime	p. 84
Ancient Concepts of Criminal Responsibility	p. 85
Infancy and Criminal Responsibility	p. 86
The Insanity Defense	p. 87
Tests Used to Determine Insanity	p. 89
The Defense of Diminished Capacity	p. 93
The Requirement of Competency to Stand Trial	p. 95
The Criminal Responsibility of Corporations	p. 102
Questions and Problems	p. 104
The Law Governing the Use of Force	p. 108
Self-Defense and the Defense of Others	p. 109
The Use of Force in the Defense of Property	p. 114
The Use of Force in Making an Arrest	p. 116
Disciplining Children	p. 126
Questions and Problems	p. 130
Other Criminal Defenses	p. 133
Affirmative Defenses	p. 134
Immunity as a Defense	p. 134
Mistake or Ignorance of Fact or Law as a Defense	p. 137
Intoxication or Drugged Condition as a Defense	p. 140
Duress, Coercion, or Compulsion as a Defense	p. 142
Necessity or Choice of Evils Defense	p. 144
Alibi as a Criminal Defense	p. 147
The Defense that the Defendant was Acting Under the Authority, Direction, or Advice of Another	p. 149
The Defense of Double Jeopardy	p. 150
Entrapment, Frame-Up, and Outrageous Government Conduct as Defenses	p. 156
The Right to a Speedy Trial as a Defense	p. 165
The Statute of Limitations as a Defense	p. 167
Consent, Contributory Negligence, or Condonation by the Victim as a Defense	p. 168
Questions and Problems	p. 169
Criminal Punishment	p. 174
Punishments Used in Early England	p. 175
Punishment Used in Early America	p. 176
The Constitutional Limitation on Punishment	p. 177
Corporal Punishment	p. 180
Capital Punishment	p. 182
Imprisonment as Punishment	p. 185
Fines as Punishment	p. 187
Forfeiture as Punishment	p. 187
Career Criminals and the Repeat Offender	p. 192
Questions and Problems	p. 194
Jurisdiction	p. 198
Jurisdiction to Create Criminal Laws	p. 199
Jurisdiction over the Offense and the Person Charged	p. 199
Dual Sovereignty and "Long-Arm" Statutes	p. 202
Nation-to-Nation Jurisdiction	p. 204
Criminal Jurisdiction of the Federal Government	p. 206
Indian Tribes Within the United States	p. 208
The Military, Martial, and War Powers Jurisdiction of the Federal Government	p. 209
The Balancing of Constitutional Rights with the Need for Public Order
The Limits of Free Speech	p. 217
Belief--Speech--Action	p. 218
The Clear and Present Danger Test	p. 218
The Fighting Words Doctrine	p. 219
Obscene Communications	p. 226
Communications That Incite Unlawful Action	p. 230
Defamation: Libel and Slander	p. 231
When Threats Are Charged as Crimes	p. 236
Questions and Problems	p. 239
Maintaining Public Order in Public and Private Places	p. 242
Regulating the Use of Public and Private Places	p. 243
Picketing and Parades as Means of Communicating Ideas	p. 247
Unlawful Assemblies and Riots	p. 252
Disruption of Religious Services and Public or Private Meetings	p. 253
Public Order in Places of Business	p. 255
Public Nuisances as Civil or Criminal Offenses	p. 255
Rallies and Meetings Where Violence Is Possible	p. 256
Handbills and Door-to-Door Canvassing as Forms of Communication	p. 257
Exercising First Amendment Freedoms in Shopping Malls	p. 259
Crime on College and University Campuses	p. 259
The Crime of Stalking	p. 259
Other Public Order Aspects of U.S. Streets	p. 260
Questions and Problems	p. 265
The Limits of Other Freedoms	p. 269
The Second Amendment Right to Bear Arms	p. 270
Federal Laws Regulating Firearms	p. 271
Carrying a Concealed Weapon Statutes and Ordinances	p. 273
The Free Exercise of Religion	p. 279
The Right of Privacy	p. 284
Crimes Against the Person
Homicide	p. 290
Homicide in General	p. 291
The Corpus Delicti Requirement	p. 291
The Causation Requirement	p. 298
Murder	p. 299
Felony Murder	p. 304
Manslaughter	p. 307
Suicide, Assisting Suicide, and Euthanasia	p. 315
Questions and Problems	p. 318
Assault, Battery, and Other Crimes Against the Person	p. 322
The Crime of Assault	p. 323
Battery	p. 325
Felonious and Aggravated Assaults and Batteries	p. 330
Child Abuse and Neglect	p. 333
Offenses Against the Liberty of a Person	p. 336
Family Violence and Disturbances	p. 340
Violence in the Workplace	p. 348
Road Rage: Violent Aggressive Driving	p. 348
Questions and Problems	p. 349
Crimes Against Property
Theft, Robbery, and Burglary	p. 353
General Property Concepts	p. 354
Larceny or Theft	p. 356
Robbery	p. 366
Burglary	p. 373
Questions and Problems	p. 379
Shoplifting and Other Crimes Against Businesses and Corporations	p. 383
Shoplifting	p. 384
Fraudulent Use of Credit Cards	p. 390
Check Violations	p. 391
Computer Crimes	p. 396
Questions and Problems	p. 398
Fraud and Other Property Crimes	p. 402
Fraud and Fraudulent Practices	p. 403
Counterfeiting of Money and Commercial Products	p. 409
Trafficking in Stolen Goods	p. 410
Possession of Criminal or Burglary Tools	p. 413
Destroying or Damaging the Property of Another	p. 414
Arson	p. 416
Trespass	p. 420
Landlord--Tenant Disputes	p. 422
Complaints from Service Suppliers	p. 423
Product Tampering	p. 424
Questions and Problems	p. 425
Sex Crimes
Rape and Related Sex Crimes	p. 429
Forcible Rape of Women and Girls	p. 431
Homosexual Rape	p. 441
Statutory Rape	p. 442
Incest	p. 444
Sexually Dangerous Persons Laws and Other Laws That Seek to Achieve Public Safety	p. 445
Controversial Accusations of Sexual Abuse	p. 447
Questions and Problems	p. 449
Prostitution, Related Offenses, and AIDS	p. 453
Prostitution	p. 454
Homosexuals	p. 460
Statutes That Require Proof That the Crime Was Committed in a "Public Place"	p. 462
Sex Offenses That Can Be Committed in a Public or Private Place	p. 463
Touching or Other Conduct Done to Arouse Sexual Desire	p. 464
Obscenity and Child Pornography	p. 464
Movies, Videos, and Photographs	p. 467
Harassment as an Offense	p. 468
Criminal Charges Relating to HIV Infections	p. 469
Voyeurism	p. 473
Questions and Problems	p. 473
Other Criminal Conduct
Drug Abuse and Alcohol-Related Crimes	p. 476
Drug Abuse	p. 477
Drug Laws in the United States	p. 478
Alcohol-Related Crimes	p. 488
Gangs, Organized Crime, and Terrorism	p. 496
The Dangers of Gangs and Organized Crime	p. 497
Types of Gangs and Organized Criminal Groups	p. 497
Criminal Profits: Where Do They Go?	p. 501
Organized Crime Investment in Lawful Businesses	p. 503
Illegal Practices After Taking Over Legitimate Businesses	p. 505
Corruption of Public Officials	p. 506
The Racketeer Influenced and Corrupt Organizations (RICO) Act	p. 506
Terrorism	p. 508
The Crime of Contempt and Other Crimes Against Government	p. 515
Contempt	p. 516
Crimes by Public Officials	p. 521
Crimes Against Government	p. 524
Sieges and Problems That Have Resulted from the Enforcement of Laws	p. 531
Applicable Sections of the U.S. Constitution	p. 535
Glossary of Legal Terms	p. 538
Table of Cases	p. 543
Federal Crime Statutes	p. 554
Index	p. 556
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