Criminal Law

Description

The most up-to-date book on the market, Criminal Law: The Essentials, Third Edition, provides a brief yet comprehensive introduction to this fascinating and ever-evolving field in a slim, flexible, and affordable format.

Meticulously revised and updated, the third edition features:

The most recent cases and developments in criminal law, illustrated with current events

New and updated focus boxes featuring real-world examples

Expanded discussions of terrorism, campus crimes, capital punishment, and drug-related crimes

Edited cases with additional information and questions, on the free, open-access Companion Website

Relevant portions of state and federal statutes, also on the Companion Website

A Student Study Guide on the Companion Website with chapter outlines, key terms with definitions, chapter overviews, learning objectives, and review, multiple-choice, fill-in-the blank, and short-answer questions

An Ancillary Resource Center containing an Instructor's Manual, a Computerized Test Bank, and PowerPoint lecture slides

New to this Edition

• The most recent cases and developments in criminal law, illustrated with current events
• New and updated focus boxes featuring real-world examples
• Expanded discussions of terrorism, campus crimes, capital punishment, and drug-related crimes
• Edited cases with additional information and questions, on the free, open-access Companion Website

Table of Contents

Each chapter opens with a Chapter Outline and an Introduction.
Each chapter closes with a Summary, Study Questions, a "For Debate" section, Key Terms, an Internet Activity, and Notes.
Preface
CHAPTER 1. An Introduction to Criminal Law
The Emergence of Law
Civil and Criminal Law Distinguished
The Nature and Purpose of Criminal Law
Criminal Law as Punishment
--Retribution
--Incapacitation
--Deterrence
--Rehabilitation
Criminal Law and Morality
U.S. Legal Provisions for Government
The Principle of Legality
The Judicial Branch of Government
U.S. Court Systems
The Model Penal Code (MPC) and Criminal Law Reform
English Common Law and Its Impact
Sources of Criminal Law
Statutory Law
Constitutions
Judicial Decisions and Customs
Administrative Law
Discretion and Criminal Law
Classification of Crimes and Related Offenses
Grade of Offense
Moral Turpitude
The Limitations on Criminal Law
Void for Vagueness and Overbreadth
Ex Post Facto Laws and Bills of Attainder
Repeal or Amendment of a Statute
Cruel and Unusual Punishment
Due Process and Equal Protection
The Right of Privacy
Other Constitutional Limitations
The Establishment of Guilt
The Adversary System
The Burden of Proof
Determining Criminal Culpability: The Judge and the Jury
How to Read and Interpret an Appellate Opinion
Chapter 2. Elements of a Crime
The Elements of a Crime
A Criminal Act
--The Exclusion of Involuntary Conduct
--The Exclusion of Status
--Proof of an Act
--Possession as an Act
--Criminal Failure to Act
A Criminal Intent
--Problems of Interpretation
--Proving Criminal Intent
The Concurrence of a Criminal Act and a Criminal Intent
Causation
Attendant Circumstances
Liability Without Fault
Strict Liability
Vicarious Liability
Enterprise Liability
Chapter 3. Anticipatory Offenses and Parties to Crimes
Solicitation
Elements of Solicitation
Defenses to Solicitation
Attempt
Elements of Attempt
Defenses to Attempt
Conspiracy
The Problem of Definition
Elements of Conspiracy
--The Act or Agreement
--The Problem of Multiple Agreements
--The Requirement of an Act Plus an Agreement
--The Intent
Limitations on Parties to Conspiracy
Defenses to Conspiracy
Other Issues in Conspiracy
Parties to Crimes
Elements of Accomplice Liability
Other Issues in Accomplice Liability
--The Wharton Rule
--Defenses to Accomplice Liability
--The Scope of Accomplice Liability
Prosecuting Anticipatory Offenses and Parties to Crimes
Chapter 4. Defenses to Criminal Culpability
The Burden of Proof and Presumptions
Types of Defenses
Ignorance or Mistake
Duress or Necessity
Infancy
Insanity
--Insanity Tests
--Guilty but Mentally Ill (GBMI)
--Guilty Except Insane
--Abolition of the Insanity Defense
Diminished Capacity or Partial Responsibility
Automatism
Entrapment
Outrageous Government Conduct
Defense of Persons and Property
--Self-Defense
--Defense of Others
--Defense of Property
Law Enforcement
Intoxication
Domestic Authority
Consent and Condonation
Syndrome and Stress Disorder Defenses
Chapter 5. Criminal Homicide
An Overview of Violent Crimes
Homicide
General Definitional Issues
--Another Human Being Requirement
--The Definition of Death
Causation
--The Year-and-a-Day Rule
--Multiple Causation
Corpus Delicti
Murder
Elements of Murder
Common Law Murder
Types of Murder
--Intent to Kill
--Intent to Inflict Great Bodily Harm
--Depraved Heart
--Capital Murder
--Intent to Commit a Felony
--Murder for Hire
Degrees of Murder
Lesser Included Offenses
Mercy Killing: An Exception or Murder?
Physician Assisted Suicide (PAS)
Manslaughter
Voluntary Manslaughter
--Heat-of-Passion Manslaughter
--Manslaughter in Domestic Relations
Involuntary Manslaughter
--Misdemeanor or Negligent Manslaughter
--Vehicular and DUI Manslaughter
--Failure-to-Act Manslaughter
Chapter 6. Assault, Rape, and Other Crimes against the Person
Assault
Simple Assault
Aggravated Assault
Reckless Assault
Mayhem
Robbery
The Elements of Robbery
Home Invasion Robbery
Rape and Sodomy
Definitional Issues
The Elements of Rape and Sodomy
--Gender of the Actor and of the Victim
--The Requirement of Penetration
--Lack of Consent
Domestic Violence
Intimate Partner Violence (IPV)
Marital Rape
Date Rape
Child Abuse
--Statutory Rape
--Incest
Elder Abuse
Campus Issues
Active Shootings
Sexual Assaults
Racial Concerns
Alcohol and Other Drugs
False Imprisonment and Kidnapping
Hate Crimes
Stalking
Cyberstalking
Bullying
Chapter 7. Property and Related Crimes
Serious Property Offenses
Larceny-Theft
--Common Law Larceny-Theft
--Trespassory Taking
--A Carrying Away
--Personal Property of Another
--With the Intent to Steal
--Modern Theft Codes
Burglary
--Common Law Burglary
--Statutory Burglary
Motor Vehicle Theft
Arson
--Common Law Arson
--Statutory Arson
Less Serious Property Offenses
Embezzlement
Fraud
--Fraud Against the Elderly
--Mortgage Fraud
--Mail and Wire Fraud
--Health Care Fraud
--Securities Fraud
--Academic and Related Fraud
False Pretense
Forgery
Stolen Property: Buying, Receiving, Possessing
Malicious Mischief
Trespass
Extortion or Blackmail
Computer Crime
Types of Computer Crime
Controlling Computer Crime
Identity Theft
Characteristics of Identity Theft
State and Federal Statutes
Carjacking
Chapter 8. Crimes Against Public Order and Public Decency
Crimes Against Public Order
Breach of the Peace
Fighting Words
Disorderly Conduct, Vagrancy, and Loitering
Criminalization of Homelessness
Alcohol-and Drug-Related Offenses
--Public Intoxication and Drug Incapacitation
--Driving Under the Influence (DUI)
--Alcohol Offenses and Minors
--Sale of Alcohol to Minors
--Minors in Possession
Unlawful Assembly, Rout, and Riot
Weapons Offenses
Obstructing a Highway or Public Passage
Animal Abuse
Harassment
Offenses Against Public Decency
Prostitution
Human Trafficking
Obscenity, Lewdness, and Indecency
Sodomy
Seduction and Fornication
Adultery
Bigamy
Pornography
--Federal Provisions
--Sexting
--Revenge Porn
Chapter 9. Crime Against the Government and Terrorism
Crimes Against the Government
Perjury
Bribery
Official Misconduct in Office
Obstruction of Justice
Contempt of Court
Treason
--The Elements of Treason
--Treason-Related Crimes
Terrorism
The Problem of Definition
--The Federal Criminal Code
--State Terrorism Statutes
Current Terrorist Threats by ISIS
Cyberterrorism
The Control of Terrorism
--The National Level
--The 9/11 Commission
--The Antiterrorism and Effective Death Penalty Act
--The USA Patriot Act
--The Department of Homeland Security (DHS)
--The Transportation Security Administration (TSA)
--The State Level
Chapter 10. Substance Abuse Crimes
Alcohol Prohibition and Regulation
Controlled Substances
Possession of Controlled Substances
Possession of Drug Paraphernalia
The Manufacture, Prescription, and Sale of Illegal Drugs
--Drug Trafficking
--Prescription Drug Abuse
The Nature and Extent of Drug Abuse
The Impact of Drug Abuse
Economic Cost
Drugs and Crimes
Health of Abusers
Fetal Abuse
Club Drugs, Alcohol, and Campus Issues
Effect on Criminal Justice Systems
The Control of Substance Abuse
The Federal Level
--The U.S. War on Drugs: A Brief History
--Recent White House Drug-Control Policies
The State Level
--Mandatory Sentencing
--Substance Abuse and Treatment
Drug Courts
Legalizing Marijuana
Marijuana for Medicinal Purposes
Recreational Use of Marijuana
Chapter 11. Sentencing
Determining Sentences
Sentencing Models
Presumptive Sentencing
Sentencing Guidelines
--State Sentencing Guidelines
--Federal Sentencing Guidelines
--Evaluation of Sentencing Guidelines
Recent Sentencing Reform Measures
"Three Strikes and You're Out" Legislation
California's Proposition 47
Truth-in-Sentencing Legislation
The Fair Sentencing Act of 2010
Current Reform Issues
Constitutional Issues in Sentencing
Capital Punishment
Execution of the Mentally Challenged
Proportionality
Capital Punishment Execution Methods
The Sentencing of Juveniles
Sex Offender Laws
State Registration Laws
Federal Registration Laws
Constitutional and Other Challenges
Civil Commitment Procedures
Glossary
Appendix A: The Constitution of the United States: Selected Sections
Appendix B: How to Read a Court Citation
Case Index
Name Index
General Index