Criminal Law and Its Processes

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Product Details

  • ISBN-13: 9780316478168
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/1/1989
  • Series: Law School Casebook Series
  • Edition description: 5th ed
  • Edition number: 5
  • Pages: 1280

Table of Contents

Preface xxix
Acknowledgments xxxv
Chapter 1 How Guilt Is Established 1
A. The Structure of the Criminal Justice System 1
B. The Process of Proof 12
1. An Overview of Criminal Trial Procedure 12
2. The Presentation of Evidence 20
3. Proof beyond a Reasonable Doubt 35
4. The Role of the Jury 55
5. The Role of Counsel 73
Chapter 2 The Justification of Punishment 95
A. What Is Punishment? 95
B. Why Punish? 101
1. Perspectives on Punishment 102
2. Case Studies 135
C. What to Punish? 156
Chapter 3 Defining Criminal Conduct--The Elements of Just Punishment 173
A. Introduction 173
B. Culpability 173
1. Actus Reus--Culpable Conduct 173
2. Mens Rea--Culpable Mental States 203
C. Proportionality 278
D. Legality 290
Chapter 4 Rape 313
A. Perspectives 313
B. Statutory Frameworks 318
C. Actus Reus 323
1. Force, Nonconsent, and Resistance 323
2. Deception 346
D. Mens Rea 351
E. A Statutory Solution? 363
F. The Marital Exemption 366
G. Problems of Proof 371
1. Corroboration and Jury Instructions 371
2. Cross-Examination and Shield Laws 375
Chapter 5 Homicide 387
A. Introduction 387
B. Legislative Grading of Intended Killings 395
1. The Premeditation-Deliberation Formula 395
2. Provocation 405
C. Legislative Grading of Unintended Killings 425
1. The Creation of Homicidal Risk 425
2. The Felony-Murder Rule 448
D. The Death Penalty 483
1. The Current Context 483
2. Policy Considerations 484
3. Constitutional Limitations 493
Chapter 6 The Significance of Resulting Harm 517
A. Causation 517
1. Foreseeability and Coincidence 518
2. Subsequent Human Actions 530
B. Attempt 554
1. Introduction 554
2. Mens Rea 556
3. Preparation versus Attempt 564
4. Impossibility 585
Chapter 7 Group Criminality 603
A. Accountability for the Acts of Others 603
1. Mens Rea 606
2. Actus Reus 628
3. The Relationship Between the Liability of the Parties 633
B. Liability Within the Corporate Framework 644
1. Liability of the Corporate Entity 645
2. Liability of Corporate Agents 658
C. Conspiracy 671
1. An Overview: The Consequences of a Conspiracy Charge 671
2. Conspiracy as a Form of Accessorial Liability 684
3. The Actus Reus of Conspiracy 694
4. The Mens Rea of Conspiracy 704
5. Scope of the Agreement--Single or Multiple Conspiracies 714
6. Parties 723
7. Criminal Enterprises and RICO 730
Chapter 8 Exculpation 749
A. Introduction: The Concepts of Justification and Excuse 749
B. Principles of Justification 750
1. Protection of Life and Person 750
2. Protection of Property and Law Enforcement 796
3. Choice of the Lesser Evil--The Residual Principle of Justification 809
4. Euthanasia 832
C. Principles of Excuse 842
1. Introduction 842
2. Duress 845
3. Intoxication 861
4. Mental Disorder 875
5. Changing Patterns of Excuse 929
Chapter 9 Theft Offenses 951
A. The Means of Acquisition 951
1. Trespassory Takings 953
2. Misappropriation 961
3. Fraud 976
4. Blackmail 990
5. Consolidation 999
B. The Property Subject to Theft 1001
1. Traditional Theft 1001
2. Mail and Wire Fraud 1013
C. Mens Rea 1020
Appendix American Law Institute, Model Penal Code 1031
Table of Cases 1101
Bibliographic References 1107
Index 1133
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