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Criminal Law: Cases and Materials, Fifth Edition

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When you choose materials for your next criminal law course, consider the book that offers analysis of both the Model Penal Code and common law doctrine, enriched by vivid excerpts that evoke the social, political and criminological context of the law, Crimial Law: Cases and Materials, Fifth Edition.

What makes this book so effective?

  • Exceptionally strong authorship — the late John Kaplan was a truly ...
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Overview

When you choose materials for your next criminal law course, consider the book that offers analysis of both the Model Penal Code and common law doctrine, enriched by vivid excerpts that evoke the social, political and criminological context of the law, Crimial Law: Cases and Materials, Fifth Edition.

What makes this book so effective?

  • Exceptionally strong authorship — the late John Kaplan was a truly legendary teacher and scholar, and Robert Weisberg and Guyora Binder uphold his standard of excellence.
  • An interdisciplinary approach that fuels class discussion and enriches study.
  • Clear instruction on skills of statutory construction and element analysis.
  • Well-edited cases, interesting materials, and clear explanations and exercises to capture and hold student attention.
  • Logical organizations into categories dealing with the purposes and limits of punishment, offense elements, specific offenses, defenses, and rules of attribution.
  • Cutting-edge coverage of important legal and social questions, such as, who we punish and why.
  • Especially strong treatment of the controversial topics of death penalty and rape.

This extremely thorough revision presents:

  • New Material on state sentencing guidelines to supplement coverage of federal guidelines and provide an analytic framework for true understanding of guideline sentencing, rather than just conveying information.
  • A new section on possession offenses, with cases on the elements of possession and new scholarly criticisms of the increasing reliance on possession laws as substitutes for unconstitutional vagrancy and status offenses.
  • Expanded treatment of robbery and burglary.
  • New case law, including Apprendi v. New Jersey (sentencing guidelines), Atkins v. Virginia (the definition of cruel and unusual punishment), Ewing v. California (proportionality), Ring v. Arizona (jury sentencing in the death penalty phase), United States v. Zavala (constructive possession), Rogers v. Tennessee (retroactivity), Recio v. United States (conspiracy), and recent cases on impossible attempt and internet child pornography stings.
  • Streamlined explanation of mistakes of law and the mental element of accomplice liability.

A subject as important as criminal law deserves a casebook as good as John Kaplan, Robert Weisberg, and Guyora Binder's Fifth Edition.


An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/kaplan5

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Product Details

  • ISBN-13: 9780735540361
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/28/2004
  • Edition description: Older Edition
  • Edition number: 5
  • Pages: 1044
  • Product dimensions: 7.20 (w) x 10.10 (h) x 1.70 (d)

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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