Criminal Law and Its Processes

by Kadish, Sanford H.; Schulhofer, Stephen J.

• ISBN13: 9780316478182
• ISBN10: 0316478180
• Edition: 6th
• Format: Hardcover
• Copyright: 1995-03-01
• Publisher: Little Brown & Co Law & Business

Summary

This carefully updated revision of Kadish and Schulhofer's classic casebook on substantive criminal law retains the same interdisciplinary material, sharp analysis, and provocative questions that have made it the bestselling book in the field for more than 25 years. In CRIMINAL LAW AND ITS PROCESSES: Cases and Materials, Sixth Edition, leading cases are juxtaposed with the best of recent commentary, The authors' insightful notes, and interesting non-case literature that addresses the social contexts of the various legal issues. The authors begin by explaining how guilt is established, then address justification of punishment, rape, homicide, The significance of resulting harm, group criminality, exculpation, And The theft offenses. New topical coverage includes: blackmail, expanded treatment of RICO, suicide, and euthanasia (including the Cruzan case And The most recent Michigan Court of Appeal case involving Dr. Kevorkian), sentencing guidelines, And The nature of prison punishment in America. Among the new principal cases, you'll find: Commonwealth v. Berkowitz and in re M.T.S., significant rape cases from Pennsylvania and New Jersey Staples v. United States, The latest strict liability decision of the Supreme Court Harmelin v. Maichigan on cruel and unusual punishment Cheek v. United States, The most recent venture of the Supreme Court into the mistake of law Shannon v. United States on legal insanity Numerour questions and comments help students develop the analytical skills they need to master the doctrine.

Author Biography

Sanford H. Kadish: Alexander F. and May T. Morrison Professor of Law, Emeritus University of California, Berkeley Stephen J. Schulhofer: Julius Kreeger Professor of Law and Criminology University of Chicago

Table of Contents

Preface	xxix
Acknowledgments	xxxv
How Guilt Is Established	1	(96)
The Justification of Punishment	97	(74)
Defining Criminal Conduct --- The Elements of Just Punishment	171	(144)
Rape	315	(70)
Homicide	385	(162)
The Significance of Resulting Harm	547	(94)
Group Criminality	641	(160)
Exculpation	801	(238)
Theft Offenses	1039	(88)
Appendix. American Law Institute, Model Penal Code	1127	(70)
Table of Cases	1197	(6)
Bibliographic References	1203	(24)
Index	1227