Criminal Law The Basics

by Schubert, Frank A.

• ISBN13: 9780195330212
• ISBN10: 0195330218
• Format: Hardcover
• Copyright: 2002-11-01
• Publisher: Oxford University Press

Summary

Frank A. Schubert's Criminal Law: The Basics introduces students to the fundamentals of substantive criminal law. It emphasizes two underlying themes. First, the common law heritage that has so influenced criminal law in this country. And, second, the critical role that federalism plays inAmerican criminal law. The first six chapters focus on fundamental topics. In the final two chapters, students apply the concepts they have learned as they discover the elements of many substantive criminal offenses. Coverage includes: * The common law tradition. * Criminal and civil law. * Federalism and the Supremacy Clause. * Concurrence. * Federal criminal law. * The purposes of punishment. * Procedural considerations. * Constitutional limitations on the definition and punishment of criminal offenses (Bills of Attainder), sub-stantive due process (precision, privacy, morality), procedural due process ("Megan's Law"), and equal protection, ex post facto laws, and cruel and unusual punishment. * The criminal act (act or status, voluntariness, omissions, the use of presumptions, double jeopardy considerations). * Criminal intent (from the Common Law and Model Penal Code perspectives, including a discussion off the important role of resumptions and proof of criminal intent). * Strict liability. * Causation (factual, proximate, and independent, intervening causes). * Complicity (common law and modern approaches). * Vicarious liability (traditional approach and modern efforts to make parents criminally liable for the acts of their children). * Inchoate crime (solicitation, attempt, and conspiracy). * Criminal defenses (lack of capacity, self defense and defense of others and property, mistakes of fact and law, entrapment, alibi, necessity and duress). * Substantive crimes against persons (homicide offenses, assault and battery, rape and sexual assault, kidnapping, and false imprisonment).* Crimes against property (including both traditional larceny and related offenses, plus modern consolidated theft approaches, including robbery, extortion, and forgery). This student-friendly text focuses on the most important aspects of each topic and omits information that is not essential in an introductory course. Schubert relies primarily on carefully edited, highly readable appellate opinions coupled with brief, textual exposition to explain relevantprinciples--leading students to understand the "what" as well as the "why." Case statutes are often included so that students understand that the legislature, not the courts, primarily defines what is criminal and determines sentencing options. A unique feature is the supplemental material on the book's comprehensive dedicated Website, which includes cases, text, statutes, dissenting/concurring opinions, and references to relevant online law review articles. The Website will be updated regularly. For instance, when the U.S. Supreme Courthands down a decision on a relevant topic, that case or its summary will be posted along with appropriate links. "How to brief a case" tips and a sample brief may also be found on the Website. A comprehensive Instructor's Manual is also available.

Table of Contents

Each chapter concludes with Discussion Questions

A Note to Students

Introduction to Criminal Law

Criminal Law

The Common Law

Tradition Holland v. State of Florida Deciding

What Conduct Is Deemed Criminal

Common Law and Criminal

Codes Criminal and Civil

Law Katko v. Briney Classification of Offenses

Felonies and Misdemeanors

Federal Form of Government

Federal Criminal Law Direct

Federal Interests Indirect

Federal Interests

The Purposes of Punishment

Retribution Gregg v. Georgia

Deterrence Incapacitation

Rehabilitation Procedural

Considerations Jury Trials vs. Bench Trials

The Order of Trial Jury Selection

Challenges to the Panel Opening Statements

The Presentation of the Prosecution's Case in Chief

The Presentation of the Defendant's Case Case in Chief

The Presentation of the Prosecution's Rebuttal Case

The Defense Motion for Acquittal Closing Arguments Jury Instructions

The Jury's Verdict Motions After Verdict

The Supremacy Clause

Constitutional Limitations on the Definition and Punishment of Criminal Offenses

Prohibitions Against Bills of Attainder

Due Process Substantive

Due Process Precision Vagueness

City of Chicago v. Jesus Morales et al. Overbreadth

The Right to Privacy Griswold v. Connecticut

Criminalizing Conduct Deemed Immoral Commonwealth of Pennsylvania v. Bonadio Commonwealth of

Procedural Due Process "Megan's Law" State v. Bani Equal

Protection Loving v. Commonwealth of Virginia

Prohibitions Against Ex Post Facto

Laws Cruel and Unusual Punishment Barbaric

Punishments Gregg v. Georgia

Disproportionate Punishments

Harmelin v. Michigan Atkins v. Commonwealth Virginia

General Principles of Criminal Liability

The Criminal Act/Actus Reus Criminal Act or Status?

Robinson v. California Voluntariness

State of Arizona v. Miguel Angel

Lara Criminal Liability in the Absence of an Act (Omissions)

Commonwealth of Pennsylvania v. John Barry

Kellam Is Possession an Act? Byrd v. Texas

Presumptions and Actus Reus Ulster County Court v. Allen

Double Jeopardy Considerations Brown v. Ohio Criminal

Intent/Mens Rea Mala in Se Offenses

Mala Prohibita Offenses Defining Criminal Intent

The Traditional Common Law Approach State v. Gordon

The Doctrine of Transferred Intent People v. Scott

The Model Penal Code Approach Furr v. State Presumptions and Criminal

Intent Sandstrom v. Montana Concurrence

Strict Liability

The People v. Juan J. Coria Causation

Factual Causation Proximate

Causation Commonwealth v. Berggren

Independent Intervening Cause

People v. Saavedra-Rodriguez

Complicity and Vicarious

Liability Complicity Complicity

Under the Common Law People v. Norris

Proving Complicity State v. Mobbley Oregon v. Allred

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