Criminal Law: Cases and Materials

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Overview

Table of Contents

INTRODUCTION

1 The Career of a Criminal Case

A. Procedure Before Trial

B. Substantive Legal Issues Before Trial

C. Procedure at Trial

D. Substantive Legal Issues on Appeal

2 Sources of Criminal Law

A. Statutes

B. Precedent

C. Constitutions

3 The Analysis of Criminal Liability

A. The Purpose of Analysis

B. The Model Penal Code Scheme

C. The German Scheme

4 Burdens of Proof

A. Allocation of Burdens of Proof in Historical Perspective

B. Burdens of Proof And Due Process

PART I JUST PUNISHMENT

Chapter 1: The Purposes And Limits of Punishment

A. An Introductory Problem

B. Utilitarianism And Retributivism

C. Utilitarian Punishment

D. Retribution

E. Beyond Utility And Desert: The New Educative Theories of Punishment

F. Proportionality

G. The Federal Sentencing Guidelines

PART II THE CRIMINAL OFFENSE

Chapter 2: The Criminal Act

A. The Need For An Actus Reus

B. Omissions

C. The Requirement of Voluntariness

D. The Prohibition of 'Status' Crimes

E. Legality

F. Specificity

Chapter 3: The Guilty Mind and Responsibility

A. The Requirement of a Guilty Mind

B. Categories of Culpability

C. Mistake and Mens Rea Default Rules

D. 'Mistake of Law'

E. Capacity For Mens Rea

Chapter 4: Causation

A. 'But For' Causation

B. Proximate Cause: Forseeability And Related Limitations

C. Intervening Causes

D. Causation By Omission: Duties

PART III HOMICIDE OFFENSES

Chapter 5: Intentional Homicide

A. Intentional Murder (Second Degree)

B. Premeditated Murder (First Degree)

C. Voluntary Manslaughter

Chapter 6: Unintentional Homicide

A. Involuntary Manslaughter

B.Reckless Murder

C. Homicide in the Course of Another Crime

Chapter 7: Capital Murder And The Death Penalty

A. An Historical and Constitutional Summary

B. The New Capital Statutes

C. Categorical Limits on the Death Penalty

PART IV JUSTIFICATION AND EXCUSE

A. Introduction

Chapter 8: Defensive Force, Necessity, and Duress

B. Defensive Force

C. Choice of Evils

D. Duress

Chapter 9: Mental Illness As a Defense

A. Introduction

B. The M'Naghten Rule and Cognition

C. Cognition and Volition: The Road from M'Naghten and Back

D. Reprise: Reassessing the Insanity Defense

E. 'Quasi-Insanity' Defenses

F. 'Diminished Capacity'

Chapter 10: Attempt

A. The Punishment for Attempt

B. The Mens Rea for Attempt

C. The Actus Reus of Attempt

D. Impossibility

Chapter 11: Complicity

A. The Accessorial Act

B. Mens Rea of Complicity

C. Ac and Mens Rea: An Exercise

D. Relations of Parties

Chapter 12: Conspiracy

A. The Nature of Conspiracy

B. The Agreement

C. The Mens Rea of Conspiracy

D. Special Mens Rea Problems of Conspiracy

E. The Incidents of Conspiracy

F. The Parties to and Objects of Conspiracy

G. The RICO Statute and the Frontier of Conspiracy

Chapter 13: Criminal Liability of Corporations

A. Respondeat Superior and the Premise of Crporate Liability

B. The MPC and the 'Corporate Mind'

C. Corporate Homicide

PART V ADDITIONAL OFFENSES

Chapter 14: Theft Offenses

A. Theft

B. Fraud

C. Extortion

D. A Note on Robbery and Burglary

Chapter 15: Rape

A. Introduction

B. The Requirement of 'Utmost Resistance'

C. 'Reasonable' or 'Earnest' Resistance

D. Forcible Compulsion

E. Nonconsent

F. Lack of Affirmative Expression of Consent

G. Incapacity to Consent

H. Rape by Fraud

I. Rape by Extortion

J. Mens Rea

K. Evidentiary Reforms

L. Martial Rape

Appendix A: A Note on the Model Penal Code

Appendix B: The Model Penal Code

Table of Cases

Table of Model Penal Code Sections

Index

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Product Details

  • ISBN-13: 9780316482806
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/1/1985
  • Series: Law School Casebook Ser.
  • Pages: 1232

Table of Contents

Preface
Acknowledgments
Special notice
Introduction 1
I Just punishment 21
1 The purposes and limits of punishment 25
II The elements of the criminal offense 93
2 The criminal act 95
3 The guilty mind 181
4 Causation 243
III Homicide offenses 291
5 Intentional homicide 307
6 Unintentional homicide 361
7 Capital murder and the death penalty 429
IV Justification and excuse 481
8 Defensive force, necessity, and duress 489
9 Mental illness as a defense 579
V Attribution of criminality 629
10 Attempt 631
11 Complicity 689
12 Conspiracy 749
13 Criminal liability of corporations 817
VI Additional offenses 845
14 Theft offenses 847
15 Rape 897
App. A A note on the model penal code 971
App. B The model penal code 975
Table of cases 1027
Table of model penal code sections 1033
Index 1035
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