Criminal law today : an introduction with capstone cases
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書誌事項
Criminal law today : an introduction with capstone cases
Pearson/Prentice Hall, c2006
3rd ed
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Includes bibliographical references and index
内容説明・目次
内容説明
Featuring a balanced text/casebook approach to meet the needs of instructors who prefer a textbook and instructors that prefer a casebook, Criminal Law Today 3e gives students and instructors an accessible, lively introduction to criminal law. Chapter-opening real-life stories and boxed features that illustrate criminal law in practice help students connect criminal law to real life, and a complete suite of in-text learning tools give students the resources they need to master the material presented in the text.
目次
Preface.
Acknowledgements.
About the Author.
1. The Nature and History of Criminal Law.
Introduction
What is Criminal Law?
Types of Crime
Types of Law
The Purpose of Law
Moral Enterprise
The Role of Criminal Law
The Rule of Law
Historical Sources of Today's Law
Natural Law
Early Codes
Common Law
The U.S. Constitution
The Federal System
The Model Penal Code
Summary
Questions for Discussion
Legal Resources on the World Wide Web
Suggested Readings and Classic Works
How to Brief a Case
2. Criminal Liability and the Essence of Crime.
Introduction
The Adversarial System
Standards and Proof
Criminal Liability
The Legal Essence of Criminal Conduct
The Criminal Act
State of Mind
Concurrence
Summary
Questions of Discussion
Legal Resources of the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
3. Expanding the Concept of Crime.
Introduction
Corpus Delicti
Additional Elements of Crime
Causation
Resulting Harm
The Principle of Legality
Necessary Attendant Circumstances
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
4. Extending Criminal Liability: Inchoate Offenses and Parties of Crime.
Introduction
Criminal Attempt
The Act Requirement
Preparation
Defenses
Completed Offense
Punishment
Criminal Conspiracy
Doctrine of Complicity
Elements of the Crime
Plurality Requirement
Required Intent
Parties of Conspiracy
Duration of Conspiracy
Criminal Solicitation
Parties of Crime
Relationship of Complicity
Accomplice Liability
Accessory
The Criminal Liability of Corporations
Vicarious Liability
Summary
Questions for Discussion
Legal Resources on the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
5. Justifications as Defenses.
Introduction
Types of Defenses
The Nature of Defense
Justification as a Defense
Necessity
Self-Defense
Defense of Others
Defense of Home and Property
Resisting Unlawful Arrest
Consent
Summary
Questions for Discussion
Legal Research on the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
6. Excuses as Defenses.
Introduction
The Nature of Excuses
Categories of Excuses
Duress
Intoxication
Mistake
Age
Entrapment
Syndrome-Based Defense Enhancements
Summary
Questions for Discussion
Legal Resources on the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
7. The Defense of Insanity.
Introduction
Competency to Stand Trial
Purpose of the Insanity Defense
The Insanity Defense - A Common Misunderstanding
What is Insanity?
History of the Insanity Defense
The M'Naughten Rule - Knowing Right from Wrong
Control Rules - The Irresistible Impulse Test
The Durham Rule - Crime as a Product of Mental Disease
The ALI Test - Substantial Capacity
Guilty by Mentally Ill (GBMI)
The Doctrine of Settled Insanity
Diminished Capacity
How Widely Used is the Insanity Defense?
Consequences of an Insanity Finding
Abolishing the Insanity Defense
Summary
Questions for Discussion
8. Legal and Social Dimensions of Personal Crime: Homicide.
Introduction
Criminal Homicide
Corpus Delicti
Taking a Life
Defining "Death"
Time of Death
Proximate Cause and Homicide
Murder
Malice Aforethought
Capital Murder
Felony Murder
Manslaughter
Voluntary Manslaughter
Involuntary Manslaughter
Negligent Homicide
Vehicular Homicide
Suicide
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
8. Legal and Social Dimensions of Personal Crime: Assault, Battery, and Other Personal Crime.
Introduction
Assault, Battery, and Mayhem
Assault
Placing Another in Fear
Conditional Assaults
Aggravated Assaults
Attempted Assaults
Antistalking Statutes
Battery
Aggravated Battery
Mayhem
Sex Offenses
Rape
Same-Sex Rape
Rape Shield Laws
Sexual Assault
Kidnapping and False Imprisonment
Kidnapping
False Imprisonment
Terrorism
Terrorism and the Law
The USA PATRIOT Act
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
10. Legal and Social Dimensions of Property and Computer Crime.
Introduction
Theft Crimes
Larceny
Embezzlement
False Pretenses
Forgery
Receiving Stolen Property
Robbery
Extortion
Identity Theft - A New Type of Theft
Consolidation of Theft Crimes
Burglary
Arson
Computer and High-Technology Crimes
Early Computer Crime Cases
Computer Crime Laws
Types of Computer Crimes
Federal Cybercrime Enforcement Agencies
Internet-Based Crime
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
11. Offenses Against Public Orders and the Administration of Justice.
Introduction
Crimes Against Public Order
Breach of Peace and Disorderly Conduct
Fighting and Affray
Public Intoxication
Alcohol and Drug Laws
Riot and Unlawful Assembly
Vagrancy and Loitering
Teenage Curfew
Weapons Carrying
Illegal Entry into the United States
Crimes Against the Administration of Government
Treason
Perjury and Contempt
Obstruction of Justice
Escape
Misconduct in Office and Bribery
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
12. Offenses Against Public Morality.
Introduction
Crimes Against Public Decency and Morality
Prostitution
Pornography, Obscenity, and Lewdness
Other Consensual Sex Offenses
Gambling and Gaming
Controlled Substances
A Critique of Laws Regulating Public Morality
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
13. Victims and Law.
Introduction
Who is a Victim?
A Short History of the Victim
The Philosophy of Victim Compensation
Victims' Assistance Programs Today
Victims' Rights
The Growth of Victims' Rights
"Son of Sam" Laws
Victim Impact Statements
Victim Statistics
The National Crime Victimization Society
Violence Against Women
Young Black Male Victims
Elderly Victims
The Uniform Crime Reports
Restitution
The Restoration Movement
Summary
Questions for Discussion
Legal Resources for the World Wide Web
Capstone Cases
14. Punishment and Sentencing.
Introduction
Sentencing Rationales
Retribution
Deterrence
Rehabilitation
Restoration
Incapacitation
Imposing Criminal Sanctions
Federal Sentencing Practices
The Role of the Jury in Sentencing Enhancements
Truth in Sentencing
Plea Bargaining
Traditional Sentencing Options
Hate Crimes
Capital Punishments
The Courts and Capital Punishment
Limits on Death Row Appeals
Cruel and Unusual Punishments
Intermediate Sanctions
Summary
Questions for Discussion
Legal Resources on the World Wide Web
Suggested Readings and Classic Works
Capstone Cases
Appendix A: Constitution of the United States of America.
Appendix B: Model Penal Code Excerpts.
Glossary.
Table of Cases.
Subject Index.
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