Criminal Law

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  • Edition: 7th
  • Format: Hardcover
  • Copyright: 1999-07-15
  • Publisher: Wadsworth Publishing
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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 Generallyp. 1
Criminal Law in a Democracyp. 2
Criminal Law and Related Fields of Lawp. 3
The Principle of "No Punishment Without a Law for It"p. 7
Classifications of Crimesp. 8
General Constitutional Limitations on Criminal Lawsp. 12
Questions and Problemsp. 18
Purposes, Scope, and Sources of Criminal Lawp. 21
Goals and Purposes of Criminal Lawp. 22
The Permissible Scope of Criminal Laws in the United Statesp. 24
Sources of Criminal Lawp. 26
Essential Elements of a Crimep. 33
Crimes Requiring Proof of Mental Faultp. 34
Strict Liability Crimesp. 43
Proximate Cause or Causationp. 45
Possession Alone as a Crimep. 49
The Use of Presumptions and Inferences in Criminal Lawp. 51
Questions and Problemsp. 56
Criminal Liabilityp. 58
Preliminary, Anticipatory, or Inchoate Crimesp. 59
Parties to the Principal Crimep. 69
Post-Crime Offensesp. 75
Questions and Problemsp. 79
Criminal Responsibility and the Capacity to Commit a Crimep. 84
Ancient Concepts of Criminal Responsibilityp. 85
Infancy and Criminal Responsibilityp. 86
The Insanity Defensep. 87
Tests Used to Determine Insanityp. 89
The Defense of Diminished Capacityp. 93
The Requirement of Competency to Stand Trialp. 95
The Criminal Responsibility of Corporationsp. 102
Questions and Problemsp. 104
The Law Governing the Use of Forcep. 108
Self-Defense and the Defense of Othersp. 109
The Use of Force in the Defense of Propertyp. 114
The Use of Force in Making an Arrestp. 116
Disciplining Childrenp. 126
Questions and Problemsp. 130
Other Criminal Defensesp. 133
Affirmative Defensesp. 134
Immunity as a Defensep. 134
Mistake or Ignorance of Fact or Law as a Defensep. 137
Intoxication or Drugged Condition as a Defensep. 140
Duress, Coercion, or Compulsion as a Defensep. 142
Necessity or Choice of Evils Defensep. 144
Alibi as a Criminal Defensep. 147
The Defense that the Defendant was Acting Under the Authority, Direction, or Advice of Anotherp. 149
The Defense of Double Jeopardyp. 150
Entrapment, Frame-Up, and Outrageous Government Conduct as Defensesp. 156
The Right to a Speedy Trial as a Defensep. 165
The Statute of Limitations as a Defensep. 167
Consent, Contributory Negligence, or Condonation by the Victim as a Defensep. 168
Questions and Problemsp. 169
Criminal Punishmentp. 174
Punishments Used in Early Englandp. 175
Punishment Used in Early Americap. 176
The Constitutional Limitation on Punishmentp. 177
Corporal Punishmentp. 180
Capital Punishmentp. 182
Imprisonment as Punishmentp. 185
Fines as Punishmentp. 187
Forfeiture as Punishmentp. 187
Career Criminals and the Repeat Offenderp. 192
Questions and Problemsp. 194
Jurisdictionp. 198
Jurisdiction to Create Criminal Lawsp. 199
Jurisdiction over the Offense and the Person Chargedp. 199
Dual Sovereignty and "Long-Arm" Statutesp. 202
Nation-to-Nation Jurisdictionp. 204
Criminal Jurisdiction of the Federal Governmentp. 206
Indian Tribes Within the United Statesp. 208
The Military, Martial, and War Powers Jurisdiction of the Federal Governmentp. 209
The Balancing of Constitutional Rights with the Need for Public Order
The Limits of Free Speechp. 217
Belief--Speech--Actionp. 218
The Clear and Present Danger Testp. 218
The Fighting Words Doctrinep. 219
Obscene Communicationsp. 226
Communications That Incite Unlawful Actionp. 230
Defamation: Libel and Slanderp. 231
When Threats Are Charged as Crimesp. 236
Questions and Problemsp. 239
Maintaining Public Order in Public and Private Placesp. 242
Regulating the Use of Public and Private Placesp. 243
Picketing and Parades as Means of Communicating Ideasp. 247
Unlawful Assemblies and Riotsp. 252
Disruption of Religious Services and Public or Private Meetingsp. 253
Public Order in Places of Businessp. 255
Public Nuisances as Civil or Criminal Offensesp. 255
Rallies and Meetings Where Violence Is Possiblep. 256
Handbills and Door-to-Door Canvassing as Forms of Communicationp. 257
Exercising First Amendment Freedoms in Shopping Mallsp. 259
Crime on College and University Campusesp. 259
The Crime of Stalkingp. 259
Other Public Order Aspects of U.S. Streetsp. 260
Questions and Problemsp. 265
The Limits of Other Freedomsp. 269
The Second Amendment Right to Bear Armsp. 270
Federal Laws Regulating Firearmsp. 271
Carrying a Concealed Weapon Statutes and Ordinancesp. 273
The Free Exercise of Religionp. 279
The Right of Privacyp. 284
Crimes Against the Person
Homicidep. 290
Homicide in Generalp. 291
The Corpus Delicti Requirementp. 291
The Causation Requirementp. 298
Murderp. 299
Felony Murderp. 304
Manslaughterp. 307
Suicide, Assisting Suicide, and Euthanasiap. 315
Questions and Problemsp. 318
Assault, Battery, and Other Crimes Against the Personp. 322
The Crime of Assaultp. 323
Batteryp. 325
Felonious and Aggravated Assaults and Batteriesp. 330
Child Abuse and Neglectp. 333
Offenses Against the Liberty of a Personp. 336
Family Violence and Disturbancesp. 340
Violence in the Workplacep. 348
Road Rage: Violent Aggressive Drivingp. 348
Questions and Problemsp. 349
Crimes Against Property
Theft, Robbery, and Burglaryp. 353
General Property Conceptsp. 354
Larceny or Theftp. 356
Robberyp. 366
Burglaryp. 373
Questions and Problemsp. 379
Shoplifting and Other Crimes Against Businesses and Corporationsp. 383
Shopliftingp. 384
Fraudulent Use of Credit Cardsp. 390
Check Violationsp. 391
Computer Crimesp. 396
Questions and Problemsp. 398
Fraud and Other Property Crimesp. 402
Fraud and Fraudulent Practicesp. 403
Counterfeiting of Money and Commercial Productsp. 409
Trafficking in Stolen Goodsp. 410
Possession of Criminal or Burglary Toolsp. 413
Destroying or Damaging the Property of Anotherp. 414
Arsonp. 416
Trespassp. 420
Landlord--Tenant Disputesp. 422
Complaints from Service Suppliersp. 423
Product Tamperingp. 424
Questions and Problemsp. 425
Sex Crimes
Rape and Related Sex Crimesp. 429
Forcible Rape of Women and Girlsp. 431
Homosexual Rapep. 441
Statutory Rapep. 442
Incestp. 444
Sexually Dangerous Persons Laws and Other Laws That Seek to Achieve Public Safetyp. 445
Controversial Accusations of Sexual Abusep. 447
Questions and Problemsp. 449
Prostitution, Related Offenses, and AIDSp. 453
Prostitutionp. 454
Homosexualsp. 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 Placep. 463
Touching or Other Conduct Done to Arouse Sexual Desirep. 464
Obscenity and Child Pornographyp. 464
Movies, Videos, and Photographsp. 467
Harassment as an Offensep. 468
Criminal Charges Relating to HIV Infectionsp. 469
Voyeurismp. 473
Questions and Problemsp. 473
Other Criminal Conduct
Drug Abuse and Alcohol-Related Crimesp. 476
Drug Abusep. 477
Drug Laws in the United Statesp. 478
Alcohol-Related Crimesp. 488
Gangs, Organized Crime, and Terrorismp. 496
The Dangers of Gangs and Organized Crimep. 497
Types of Gangs and Organized Criminal Groupsp. 497
Criminal Profits: Where Do They Go?p. 501
Organized Crime Investment in Lawful Businessesp. 503
Illegal Practices After Taking Over Legitimate Businessesp. 505
Corruption of Public Officialsp. 506
The Racketeer Influenced and Corrupt Organizations (RICO) Actp. 506
Terrorismp. 508
The Crime of Contempt and Other Crimes Against Governmentp. 515
Contemptp. 516
Crimes by Public Officialsp. 521
Crimes Against Governmentp. 524
Sieges and Problems That Have Resulted from the Enforcement of Lawsp. 531
Applicable Sections of the U.S. Constitutionp. 535
Glossary of Legal Termsp. 538
Table of Casesp. 543
Federal Crime Statutesp. 554
Indexp. 556
Table of Contents provided by Syndetics. All Rights Reserved.

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