Criminal Law

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

• ISBN13: 9780534624569
• ISBN10: 0534624561
• Edition: 9th
• Format: Hardcover
• Copyright: 2005-05-31
• Publisher: Thomson-Wadsworth

Summary

Part I: BASIC CONCEPTS OF CRIMINAL LAW. 1. Criminal Law Generally. 2. Purposes, Scope, and Sources of Criminal Law. 3. Essential Elements of a Crime. 4. Criminal Liability. 5. Criminal Responsibility and the Capacity to Commit a Crime. 6. The Law Governing the Use of Force. 7. Other Criminal Defenses. 8. Criminal Punishment. 9. Jurisdiction. Part II: THE BALANCING OF CONSTITUTIONAL RIGHTS WITH THE NEED FOR PUBLIC ORDER. 10. Guaranteed Freedoms and Public Order. Part III: CRIMES AGAINST THE PERSON. 11. Homicide. 12. Assault, Battery, and Other Crimes Against the Person. Part IV: CRIMES AGAINST PROPERTY. 13. Theft, Robbery, and Burglary. 14. Shoplifting, Cyber Crimes and Other Commercial Crimes. 15. Fraud and Other Property Crimes. Part V: SEX CRIMES. 16. Rape and Related Sex Crimes. 17. Prostitution, Related Offenses, and AIDS. Part VI: OTHER CRIMINAL CONDUCT. 18. Drug Abuse and Alcohol-Related Crimes. 19. Terrorism. 20. Organized Crime and Gangs. 21. Contempt, Crimes by Public Officials, and Crimes Against Government. Appendix A: Applicable Sections of the U.S. Constitution. Appendix B: Glossary of Legal Terms. Table of Cases. Index.

Table of Contents

Preface	xix
PART ONE Basic Concepts of Criminal Law
Criminal Law Generally	1	(19)
Criminal Law in a Democracy	2	(1)
The Law as the Will of the People Within a Democracy	2	(1)
Criminal Law and Related Fields of Law	3	(4)
Public and Private Law	3	(1)
Criminal Procedure	3	(1)
Substantive Criminal Law	4	(1)
Legal Wrongs	4	(1)
Distinction Between a Crime and a Tort	5	(1)
Criminal Law and Moral Law	5	(2)
The Principle of ``No Punishment Without a Law for It''	7	(1)
Classifications of Crimes	8	(3)
Felony and Misdemeanor	8	(3)
General Constitutional Limitations on Criminal Laws	11	(5)
States' Power to Enact Criminal Laws	11	(1)
Ex Post Facto Laws	11	(1)
Bill of Attainder	12	(1)
Due Process and the Void-for-Vagueness Doctrine	12	(1)
Overbreadth	13	(1)
``Status'' Crimes	14	(2)
Equal Protection of the Laws	16	(1)
Summary	16	(1)
Questions and Problems	17	(1)
Notes	18	(2)
Purposes, Scope, and Sources of Criminal Law	20	(13)
Goals and Purposes of Criminal Law	21	(2)
Background of the U.S. Criminal Justice System	21	(1)
Goals and Purposes	22	(1)
The Permissible Scope of Criminal Laws in the United States	23	(2)
The Use of the Police Power to Maintain Public Order	23	(1)
Limitations on the Police Power of a State to Regulate Conduct	24	(1)
Sources of Criminal Law	25	(6)
Common Law Crimes	25	(3)
Statutory Crimes	28	(1)
Administrative Crimes	29	(2)
Summary	31	(1)
Questions and Problems	31	(1)
Notes	32	(1)
Essential Elements of a Crime	33	(25)
Crimes Requiring Proof of Mental Fault	34	(8)
Simultaneous Occurrence of the Forbidden Act and the Mental Element	35	(1)
Actus Reus: The Forbidden Act or Omission	36	(1)
Actus Reus for Different Elements of Parties to a Crime	37	(1)
Mens Rea: The Guilty Mind	37	(1)
Proving Criminal Intent or Criminal State of Mind	38	(1)
The Requirement of Scienter	39	(2)
The Motive for Committing a Crime	41	(1)
Strict Liability Crimes	42	(3)
Strict Liability Laws That Seek to Protect Children	45	(1)
Proximate Cause or Causation	45	(4)
Unintended Harm Resulting From a Misdemeanor or Other Minor Offense	46	(1)
When the Illegal Act Would Not Support a Manslaughter Conviction	46	(2)
The Ancient ``Year-and-a-Day'' Murder Rule	48	(1)
Possession Alone as a Crime	49	(1)
The Possession of Illegal Contraband Inference	50	(1)
The Use of Presumptions and Inferences in Criminal Law	50	(5)
Functions of Presumptions	52	(1)
Inferences Distinguished from Presumptions	52	(1)
The Presumption That All Persons Are Sane, Normal, and Competent	53	(2)
Summary	55	(1)
Questions and Problems	56	(1)
Notes	56	(2)
Criminal Liability	58	(25)
Preliminary, Anticipatory, or Inchoate Crimes	59	(10)
When Is a Crime Committed?	59	(1)
Solicitation or Incitement to Commit a Crime?	59	(2)
Conspiracy to Commit a Crime	61	(4)
The Crime of Attempt	65	(1)
Impossibility in Attempt Cases	66	(3)
Parties to the Principal Crime	69	(5)
Under the Common Law	69	(1)
Criminal Liability in the United States Today	69	(1)
Theories of Criminal Liability	70	(3)
Liability for Crimes Other Than the Planned and Intended Offense	73	(1)
Post-Crime Offenses	74	(3)
When Material Witnesses Can Be Criminally Liable	76	(1)
Summary	77	(1)
Questions and Problems	78	(1)
Notes	79	(4)
Criminal Responsibility and the Capacity to Commit a Crime	83	(20)
Ancient Concepts of Criminal Responsibility	84	(1)
Infancy and Criminal Responsibility	85	(1)
The Liability of Children Under State Statutes	86	(1)
The Insanity Defense	86	(1)
Insanity at the Time of the Criminal Incident	86	(1)
Tests Used to Determine Insanity	87	(5)
The M'Naghten Case and the ``Right and Wrong'' Test	87	(1)
Other Tests in the United States	88	(1)
The Model Penal Code Substantial Capacity Test	88	(2)
States That Have Abolished the Insanity Defense	90	(1)
The Plea and Verdict of ``Guilty But Mentally Ill''	91	(1)
Mental Conditions That Do Not Satisfy the Insanity Defense	92	(1)
The Defense of Diminished Capacity	92	(2)
The Requirement of Competency to Stand Trial	94	(2)
Can Amnesia Be the Grounds for a Finding of Incompetency?	95	(1)
Faking Insanity or Incompetency	95	(1)
The Criminal Liability of Corporations	96	(2)
Summary	98	(1)
Questions and Problems	99	(1)
Notes	99	(4)
The Law Governing the Use of Force	103	(22)
Self-Defense and the Defense of Others	104	(6)
Less Than Deadly Force in Self-Protection	104	(1)
Coming to the Aid of Another	105	(1)
The Use of Deadly Force in Self-Defense or the Defense of Others	106	(1)
Loss of Self-Defense Privilege for a Wrongdoer or an Aggressor	106	(1)
The Castle Doctrine and the Duty to Retreat as an Exception to the Castle Doctrine	106	(2)
Battered Women and Domestic Homicides	108	(2)
The Use of Force in the Defense of Property	110	(2)
Less Than Deadly Force in the Defense of Property	110	(1)
Deadly Force in the Defense of Property	110	(1)
The Use of Booby Traps to Protect Property	110	(2)
The Use of Force in Making an Arrest	112	(6)
Less Than Deadly Force in Making an Arrest	112	(1)
Using Reasonable Force to Obtain Evidence of Drunk or Drugged Driving	113	(1)
Standards for the Use of Deadly Force Established by the U.S. Supreme Court	114	(1)
Definition of an Unreasonable Seizure Today	115	(1)
Use of Force in Resisting an Unlawful Arrest	116	(1)
Cases in Which Force Was Not Legally Justified	116	(2)
Disciplining Children	118	(4)
Use of Force by Parents	118	(1)
Others Who May Discipline Children	119	(3)
Summary	122	(1)
Questions and Problems	122	(1)
Notes	123	(2)
Other Criminal Defenses	125	(34)
Affirmative Defenses	126	(1)
Immunity as a Defense	126	(2)
Diplomatic Immunity	126	(1)
Legislative Immunity	127	(1)
Witness Immunity	127	(1)
Mistake or Ignorance of Fact or Law as a Defense	128	(3)
Mistake or Ignorance of Fact	128	(1)
Strict Liability Crimes and the Defense of Mistake	129	(1)
Mistake or Ignorance of Criminal Law	130	(1)
Intoxication or Drugged Condition as a Defense	131	(1)
Involuntary Intoxication or Drugged Condition	131	(1)
Duress, Coercion, or Compulsion as a Defense	132	(1)
Duress or Coercion as Justification to Escape from Prison	132	(1)
The Defense of Duress in a Charge of Murder	133	(1)
The Crime of Coercion	133	(1)
Necessity or Choice of Evils Defense	133	(1)
Can One Kill to Save Oneself?	134	(2)
Other Uses of the Defense of Necessity	135	(1)
Alibi as a Criminal Defense	136	(1)
Alibi Notice Statutes	136	(1)
Determining the Validity of Alibi Defenses	136	(1)
The Defense That the Defendant Was Acting Under the Authority, Direction, or Advice of Another	137	(1)
The Defense of ``I Acted on the Orders of My Boss''	137	(1)
The Defense of Double Jeopardy	138	(7)
The Times When Jeopardy Attaches	138	(1)
Prosecution by Both State and Federal Governments	138	(3)
The Meaning of Separate Offense	141	(1)
Other Times When the Defense of Double Jeopardy Could Not Be Used Successfully	141	(1)
Res Judicata and Collateral Estoppel as Part of the Double Jeopardy Guarantee	142	(3)
Entrapment, Frame-Up, and Outrageous Government Conduct as Defenses	145	(6)
Entrapment	145	(2)
Frame-Up as Distinguished from Entrapment	147	(2)
Outrageous Government Conduct	149	(2)
The Right to a Speedy Trial as a Defense	151	(2)
Cases in Which No Speedy Trial Violation Occurred	152	(1)
The Statute of Limitations as a Defense	153	(1)
Summary	154	(1)
Questions and Problems	155	(1)
Notes	156	(3)
Criminal Punishment	159	(22)
Punishments Used in Early England	160	(2)
Practices Used in England to Avoid Severe Penalties	160	(1)
Punishment Used in Early America	161	(1)
The Constitutional Limitation on Punishment	162	(3)
The Proportionality Test for Determining Appropriate Punishment	162	(3)
Corporal Punishment	165	(2)
Corporal Punishment as Criminal Punishment	165	(1)
The Use of Corporal Punishment in Schools	165	(1)
The Use of Corporal Punishment in Prisons	166	(1)
Capital Punishment	167	(4)
Death Penalty Laws After Furman v. Georgia in 1972	167	(4)
Imprisonment as Punishment	171	(1)
Can Indigents Be Held in Jail to Work Off Their Money Fines?	171	(1)
Fines as Punishment	171	(1)
Forfeiture as Punishment	172	(1)
Career Criminals and the Repeat Offender	173	(4)
Three Strikes Laws	174	(3)
Summary	177	(1)
Questions and Problems	178	(1)
Notes	179	(2)
Jurisdiction	181	(22)
Jurisdiction to Create Criminal Laws	182	(1)
Jurisdiction over the Offense and the Person Charged	182	(3)
Jurisdiction over the Offense Charged	182	(2)
Jurisdiction over the Person Charged with a Crime	184	(1)
``Long-Arm'' Statutes	185	(1)
Nation-to-Nation Jurisdiction	186	(2)
The Law of the Seas: Territorial Waters	187	(1)
International Criminal Law	188	(1)
Criminal Jurisdiction of the Federal Government	188	(2)
Federal Enclaves and the Assimilative Crimes Act	189	(1)
Indian Tribes Within the United States	190	(2)
Self-Government by Indian Tribes	191	(1)
The Military, Martial, and War Powers Jurisdiction of the Federal Government	192	(6)
Jurisdiction of Military Courts	192	(3)
When U.S. Citizens or Military Are in a Foreign Country	195	(1)
Martial Law and the Use of Military Forces in the Continental United States	195	(3)
Summary	198	(1)
Questions and Problems	199	(1)
Notes	199	(4)
PART TWO Free Speech and Public Order
Speech and Conduct That Is Not Protected by the First Amendment	203	(44)
Belief-Speech-Action	204	(2)
When Speech May Be Regulated	204	(2)
The Clear and Present Danger Test	206	(1)
Fighting Words	206	(2)
When Does Vulgar, Insulting Language to a Police Officer Constitute Fighting Words?	208	(1)
Obscene Communications	209	(2)
Inciting and Urging Unlawful Acts	211	(1)
Defamation: Libel and Slander	211	(1)
Symbolic Speech and the First Amendment	212	(1)
Flag Burning and Cross Burning as Symbolic Speech	212	(1)
Threats of Violence as Crimes	213	(1)
Using the U.S. Mail, Telephones, or E-Mail to Threaten Another Person	214	(1)
Loud Noise or Nuisance Speech	215	(1)
Regulating the Use of Public and Private Places	215	(3)
Picketing, Demonstrations, and Parades	218	(4)
Picketing	219	(1)
Parades and Demonstrations	219	(3)
Obstruction of the Law Enforcement Process	222	(1)
The Crimes of Unlawful Assembly and Rioting	223	(1)
Public Order in Business Places	224	(1)
Disruption of Public or Private Meetings	225	(1)
Public Nuisances as Civil or Criminal Offenses	226	(1)
Handbills and Door-to-Door Canvassing as Forms of Communication	227	(1)
Handbills	227	(1)
Door-to-Door Canvassing	227	(1)
The Crime of Stalking	228	(1)
Other Public Order Aspects of U.S. Streets	228	(4)
The Homeless on U.S. Streets	228	(1)
Panhandling or Begging	229	(1)
Urinating in a Public Place	230	(1)
Compulsory School Attendance Laws and Truancy	231	(1)
Curfews	231	(1)
The Second Amendment	232	(5)
The Second Amendment Today	232	(1)
The Political Battle as to Gun Control Laws in the United States	233	(1)
Federal Laws Regulating Firearms	234	(1)
The Crime of Carrying a Concealed Weapon	235	(2)
Endangering Public Safety by Failure to Properly Store Loaded Firearms	237	(1)
The Free Exercise of Religion	237	(2)
The Right to Believe or Not to Believe	237	(2)
Cults, Sects, and Nontraditional Churches in the United States	239	(1)
The Right of Privacy	239	(2)
The Use and Distribution of Contraceptives	239	(1)
The Abortion Question	240	(1)
Summary	241	(1)
Questions and Problems	241	(1)
Notes	242	(5)
PART THREE Crimes Against the Person
Homicide	247	(26)
Homicide in General	248	(1)
The Corpus Delicti Requirement	248	(4)
Proving Corpus Delicti in ``No Body'' Cases	249	(1)
Body Without Proof of the Cause of Death Cases	250	(1)
The Common Law ``Born Alive'' Requirement and the Crime of Feticide (Fetal Murder)	251	(1)
Proof That the Victim Was Alive at the Time of the Defendant's Unlawful Act	252	(2)
When Is a Person Legally Dead?	253	(1)
The Causation Requirement	254	(1)
Causation and Proximate Cause	254	(1)
The Year-and-a-Day Rule	255	(1)
Murder	255	(4)
Intent-to-Kill Murder	256	(1)
The Deadly Weapon Doctrine	256	(1)
Transferred Intent	256	(2)
Intent-to-Do-Serious-Bodily-Harm Murder	258	(1)
Depraved-Mind or Depraved-Heart Murder	258	(1)
Felony Murder	259	(2)
Manslaughter	261	(6)
Definition	261	(1)
Voluntary Manslaughter	261	(1)
Heat of Passion Manslaughter	262	(3)
Imperfect or Unlawful Force in Self-Defense Charged as Manslaughter	265	(1)
Involuntary Manslaughter	266	(1)
Suicide, Assisting Suicide, and Euthanasia	267	(2)
Murder, Assisted Suicide, or Neither?	267	(1)
The Oregon ``Death with Dignity'' Law	268	(1)
Summary	269	(1)
Questions and Problems	269	(1)
Notes	270	(3)
Assault, Battery, and Other Crimes Against the Person	273	(26)
The Crime of Assault	274	(2)
Assault Under the Present Federal Criminal Code	275	(1)
Assault with a Deadly or Dangerous Weapon	275	(1)
The Crime of Armed Violence	276	(1)
Battery	276	(4)
Offensive Touching Under Sexual Assault and Sexual Battery Statutes	277	(1)
The Crime of Genital Mutilation	277	(1)
Sports Injuries When Force Exceeds the Rules of the Game	277	(1)
Other Physical Contact Without Consent	278	(1)
Menacing, Intentional Scaring, and Jostling	278	(2)
Felonious and Aggravated Assaults and Batteries	280	(2)
Mayhem and Malicious Disfigurement	280	(1)
Mental Culpability Increasing the Degree of the Crime	280	(2)
Child Abuse and Neglect	282	(2)
Offenses Against the Liberty of a Person	284	(5)
Kidnapping	284	(2)
Hostage Taking	286	(1)
False Imprisonment	287	(1)
Parental Kidnapping or Child Snatching	287	(2)
The Missing Children's Assistance Act	289	(1)
Family Violence and Disturbances	289	(4)
Domestic Violence and Women	291	(1)
Abuse of the Elderly	292	(1)
The Crime of Violation of a Court Order (or Court Injunction)	292	(1)
Violence in the Workplace	293	(1)
Road Rage: Violent Aggressive Driving	294	(1)
Summary	294	(1)
Questions and Problems	295	(1)
Notes	295	(4)
PART FOUR Crimes Against Property
Theft, Robbery, and Burglary	299	(30)
General Property Concepts	300	(1)
Larceny or Theft	301	(8)
The Taking	302	(2)
Defining What Property Can Be Stolen	304	(3)
Property of Another	307	(1)
Intent to Steal	308	(1)
Robbery	309	(8)
Changes in Bank Robbery	311	(1)
Distinguishing Robbery from Theft or Larceny	312	(1)
Where State Courts Differ on What Constitutes Robbery	312	(1)
Carjacking: A New Name for an Old Crime	313	(1)
Home Invasion Robberies	314	(1)
Purse Snatching, Pickpocketing, and Other Thefts from a Person	314	(1)
Theft of Services	315	(1)
Distinguishing Robbery from Extortion	315	(1)
Extortion by Intimidation	316	(1)
The Crime of Bribery	317	(1)
Burglary	317	(7)
Breaking	318	(1)
Unlawful Entry into Premises	319	(1)
The Dwelling House of Another	320	(1)
Nighttime	320	(1)
Intent to Commit a Felony	320	(2)
Proof of Burglary When Other Crimes Are Committed	322	(2)
Summary	324	(1)
Questions and Problems	324	(1)
Notes	325	(4)
Shoplifting, Cyber Crimes, and Other Commercial Crimes	329	(18)
Shoplifting	330	(6)
Taking and Carrying Away in Shoplifting	330	(1)
Proving the Crime of Shoplifting When the Suspect Has Not Left the Store	331	(1)
The Requirement of Probable Cause Based on Personal Knowledge	331	(3)
Criminal or Civil Prosecution of Shoplifters?	334	(1)
Other Retail Theft Crimes	335	(1)
Fraudulent Use of Credit Cards	336	(1)
Obtaining Credit Cards and Bank Cards for Fraudulent Use	336	(1)
Criminal Use of Bank Cards and Credit Cards	336	(1)
Check Violations	337	(4)
Worthless Checks, or Checks That Bounce	337	(1)
The Crime of Uttering	337	(1)
The Crime of Forgery	338	(1)
Operations of Check-Forging Rings	339	(1)
Passing Forged Checks and Other Counterfeit Securities in Interstate Commerce	339	(1)
Check Kiting	340	(1)
Other Crimes Affecting Computers and the Internet	341	(2)
Computers as Crime Tools	342	(1)
Summary	343	(1)
Questions and Problems	344	(1)
Notes	345	(2)
Fraud and Other Property Crimes	347	(19)
Fraud and Fraudulent Practices	348	(5)
Fraud and Corruption in Government	348	(1)
Consumer Fraud	349	(1)
Fraudulent Insurance Claims	350	(1)
The Con Game as a Form of Fraud	350	(1)
Pyramid Schemes	350	(1)
Stock Market and Financial Market Frauds	351	(1)
Internet Securities Fraud	351	(1)
Charging Fraud Under the Federal Criminal Code	352	(1)
The Rapidly Growing Crime of Identity Theft	353	(1)
Counterfeiting of Money and Commercial Products	353	(2)
Counterfeiting of Currency	353	(2)
Other Counterfeiting Problems	355	(1)
Trafficking in Stolen Goods	355	(3)
The Fence and Fencing Stolen Property	356	(1)
When Property Loses Its Character as Stolen Goods	357	(1)
Possession of Criminal or Burglary Tools	358	(1)
Destroying or Damaging the Property of Another	358	(1)
Vandalism and Graffiti Vandalism	358	(1)
Arson	359	(1)
Essential Elements of Arson	359	(1)
Trespass	360	(1)
The Crime of Defiant Trespass	360	(1)
Product Tampering	361	(1)
Summary	362	(1)
Questions and Problems	363	(1)
Notes	363	(3)
PART FIVE Sex Crimes
Rape and Related Sex Crimes	366	(24)
Forcible Rape of Women and Girls	368	(10)
Capacity to Commit Forcible Rape	369	(1)
The Marital Exemption	369	(1)
The Burden of Proof in a Sexual Assault or Rape Case	370	(1)
The Importance of Corroborative Evidence in a Rape Case	371	(1)
Possible Responses to a Threat of Rape	371	(1)
Different Sexual Assault Statutes Require Different Degrees of Proof	372	(1)
Defenses in Acquaintance Rape or After-the-Date Rape	373	(1)
Convictions for Lesser or Other Offenses in Weak Rape Cases	374	(1)
The Report of Rape Rule and the Effect of Delay in Reporting	375	(1)
False Reporting	376	(1)
Rape Shield Laws	377	(1)
Homosexual Rape	378	(1)
Statutory Rape	378	(4)
Incest	382	(2)
Other Laws That Seek to Achieve Public Safety	384	(3)
Sex Predator Laws Under Which Sexually Dangerous Persons Could Be Held Indefinitely	384	(1)
Megan's Law: Registration Laws and Notification Laws for Sex Offenders	384	(3)
Summary	387	(1)
Questions and Problems	387	(1)
Notes	388	(2)
Prostitution and Related Crimes	390	(18)
Prostitution	391	(6)
Procuring, Promoting, and Pimping for the Practice of Prostitution	391	(4)
Statutes That Require Proof That the Crime Was Committed in a Public Place	395	(1)
Touching or Other Conduct Done to Arouse Sexual Desire	396	(1)
Obscenity	397	(1)
Obscenity, or Hardcore Pornography	397	(1)
Protecting Children Against Sexual Exploitation	398	(3)
Child Pornography	398	(1)
Other Laws Protecting Children Against Sexual Exploitation	399	(2)
Pedophiles and the Internet	401	(1)
Movies, Videos, and Photographs	401	(1)
X-Rated Films and Videos	401	(1)
Nude Photos of Children Taken by Family Members	402	(1)
Voyeurism and Other Criminal Invasions of Privacy	402	(1)
Harassment as an Offense	403	(1)
Sexual Harassment	403	(1)
Telephone Harassment	404	(1)
Criminal Charges Relating to HIV Infections	404	(1)
Summary	405	(1)
Questions and Problems	406	(1)
Notes	406	(2)
PART SIX Other Criminal Conduct
Drug Abuse and Alcohol-Related Crimes	408	(20)
Drug Abuse	409	(2)
The Frightening Drug Problem	409	(1)
Illegal Drug Users	409	(2)
Drug Laws in the United States	411	(9)
If You Drank a Bottle of Coca-Cola in the Year 1905, You Would Probably Not Know That It Contained Cocaine	411	(1)
The Uniform Controlled Substances Act	412	(1)
Types of Possession of Controlled Substances	413	(1)
To Convict of Possession of an Illegal Drug, Must the State Present a ``Usable Amount'' as Evidence?	414	(1)
Delivery of Controlled Substances	414	(1)
The Crime of Possession of a Controlled Substance With Intent to Deliver (Sell or Transfer)	415	(1)
State-Federal Clash over the Medical Use of Marijuana	415	(1)
Drug Rip-Off Cases	416	(1)
Criminal Liability for Drug-Induced Deaths	416	(1)
Possession or Sale of Drug Paraphernalia	417	(1)
Other Statutes and Laws Used in the War on Drugs	418	(2)
Alcohol-Related Crimes	420	(4)
Alcohol as a Drug	420	(1)
Alcohol's Relation to Crimes and Deaths	421	(1)
1998 Report on Alcohol and Drug Problems of Prison Inmates	421	(1)
Drunk Driving: The Criminal Homicide Causing the Most Deaths	422	(1)
``Booze It and Lose It'' Laws	423	(1)
When Is a Person Driving, Operating, or ``in Physical Control'' of a Vehicle?	423	(1)
Summary	424	(1)
Questions and Problems	424	(1)
Notes	425	(3)
Terrorism	428	(11)
Early Terrorist Acts in the United States	429	(1)
Terrorism in Recent Years	430	(2)
Criminal Charges Against Terrorists	432	(2)
Other Possible Criminal Charges Against Terrorists	434	(1)
Immigration Offenses	434	(1)
The Crime of Terrorizing (Terrorism by Threats)	435	(1)
Summary	436	(1)
Questions and Problems	437	(1)
Notes	437	(2)
Organized Crime and Gangs	439	(15)
Organized Crime and Criminal Gangs	440	(2)
Prosecuting Mafia Members Before 1970	442	(1)
Federal and State Laws Passed After 1970 to Fight Organized Crime	443	(3)
The Federal Witness Protection Program and the Crime of Witness Tampering	446	(1)
The Crime of Money Laundering	447	(1)
Currency Transaction Reports and ``Structured Transactions''	447	(1)
Other Criminal Laws Used to Fight Gangs and Organized Crime	448	(4)
The Travel Act	448	(1)
Extortion	448	(1)
Bribery	449	(1)
Kickbacks	449	(1)
Mail Fraud	450	(2)
Summary	452	(1)
Questions and Problems	452	(1)
Notes	453	(1)
Contempt, Crimes by Public Officials, and Crimes Against Government	454	(15)
Contempt	455	(4)
Civil Contempt	455	(1)
Criminal Contempt	456	(1)
Direct and Constructive Contempt	456	(1)
The Requirement of Intentional Wrongdoing	457	(1)
Language by a Witness or Attorney That Would Justify a Contempt Finding	457	(1)
The Power of Legislative Bodies to Punish for Contempt	458	(1)
Crimes by Public Officials	459	(1)
Some of the Crimes Committed by Public Officials and Other People	459	(1)
Crimes Against Government	460	(4)
Espionage	460	(2)
The Economic Espionage Act of 1996	462	(1)
Obstruction of Justice	462	(1)
Tax Evasion	463	(1)
Environmental Crimes	463	(1)
Voting Law Violations	464	(1)
Other Criminal Violations	464	(1)
Summary	465	(1)
Questions and Problems	466	(1)
Notes	466	(3)
Appendix A Applicable Sections of the United States Constitution	469	(2)
Appendix B Glossary of Legal Terms	471	(4)
Table of Cases	475	(8)
Index	483	(6)
Photograph Credits	489