Criminal Law

Description

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 in American 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 relevant principles--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 Court hands 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
Chapter 1: 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
Chapter 2: 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 Kentucky v. Wasson
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
Chapter 3: 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
Chapter 4: Complicity and Vicarious Liability
Complicity
Complicity Under the Common Law
People v. Norris
Proving Complicity
State v. Mobbley
Oregon v. Allred
Vicarious Liability
United States v. Park
Parental Liability for Failure to Supervise Child
Corporate Criminality
State of Iowa v. Casey's General Stores, Inc.
Due Process Considerations
State of Iowa v. Hy-Vee, Inc.
Chapter 5: Inchoate Crimes
Solicitation
Actus Reus
Mens Rea
Robert J. Santora v. Commonwealth of Virginia
Attempt
Actus Reus
U.S. v. Pedro Hernandez-Franco
Mens Rea
State v. Frank Reed Norlund
Eric R. Cooke v. Commonwealth of Virginia
Impossibility as a Defense
Conspiracy
Actus Reus
Mens Rea
State of Connecticut v. Victor Torres
Chapter 6: Criminal Defenses
Affirmative Defenses
Self-Defense and Defense of Others
Colorado v. Steven Silva
Defense of Property and Habitation
Colorado v. Mark Janes
Necessity (Choice of Evils)
Bodner v. State
Excuse Defenses
Duress
Intoxication
State of Hawaii v. Tony Souza
Incompetency
Insanity
State of Colorado v. Robin V. Tally
State v. David Barrett
Mistake of Fact
United States v. Lloyd D. Cook
Mistake of Law
Kipp v. State of Delaware
Entrapment
Wisconsin v. James L. Schuman
Other Defenses
Alibi
Pennsylvania v. Kolenda
Good Character Defense
Chapter 7: Crimes Against Persons
Homicide
First Degree Murder
Hawaii
Virginia
Nebraska
State v. Roy J. Townsend
Second Degree Murder
State of Nebraska v. Tyler J. Keup
Felony Murder
People v. Lisl E. Auman
Manslaughter
Voluntary Manslaughter
Involuntary Manslaughter
State v. Kenneth Wood
Negligent Manslaughter
Traditional Crimes of Assault and Battery
Battery
Assault
Contemporary Assault Statutes
Hopkins v. the State
Rape and Sexual Assault
Legislative Reforms
State v. Douglas Goodwin
Rape Shield Laws
State of Oregon v. Paul T. Beeler
Statutory Rape
Kidnapping
Tony Elozar v. State
False Imprisonment
Robert Lovett v. State
Chapter 8: Crimes Against Property and Habitation
Larceny
Edward A. Brame v. Virginia
Embezzlement
Maine v. John R. Moon
Larceny by False Pretenses (Theft by Deceit)
Darrell S. Lewis v. Virginia
Consolidated Theft
Utah v. John J. Bush
Robbery
Tennessee v. David L. Owens
Extortion/Blackmail
United States v. Charles G. Stephens, Sr.
Forgery
Ohio v. Willis Miller
Burglary, Arson, and Trespass to Land
Burglary
People v. Michael Davis
Arson
State v. Harry Lollis
Trespass to Land/Dwellings
State of Tennessee v. Joseph Vella
Discussion Questions
Index
Case Index