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Criminal Law: Examples & Explanations, Second Edition

Overview

Finally, there is a Criminal Law study aid that teachers can recommend to their students with complete confidence: Singer and LaFond's CRIMINAL LAW: Examples and Explanations. Carefully designed to facilitate effective study, and written in a crisp, clear style, this book takes a practical three-step approach:

  • Thorough descriptions explore and explain the concepts under consideration
  • Examples give students an...
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Overview

Finally, there is a Criminal Law study aid that teachers can recommend to their students with complete confidence: Singer and LaFond's CRIMINAL LAW: Examples and Explanations. Carefully designed to facilitate effective study, and written in a crisp, clear style, this book takes a practical three-step approach:

  • Thorough descriptions explore and explain the concepts under consideration
  • Examples give students an opportunity to test their comprehension by applying the law to contemporary fact patterns
  • Explanations help them measure their mastery of the material and provide suggested answers and feedback

Engaging student interest through stimulating hypotheticals, Singer and LaFond make their sophisticated analysis of criminal law not just painless, but actually fun to read.

Both comprehensive and contemporary, CRIMINAL LAW: Examples and Explanations, covers provocative and timely subjects in eight major areas:

  • the purposes of punishment
  • Actus Reus and Mens Rea
  • homicide
  • causation
  • inchoate crimes: solicitation and attempt
  • group criminality: conspiracy and complicity
  • rape
  • defenses and excuses
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Product Details

  • ISBN-13: 9780735520134
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 2/1/2001
  • Series: Examples and Explanations Series
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 499
  • Product dimensions: 7.08 (w) x 10.02 (h) x 1.08 (d)

Table of Contents

Chapter 1: The Sources and the Limitations of the Criminal Law


• Overview
• Sources of Criminal Law -The Common Law as a Source of Criminal Law -Legislative Sources -The Model Penal Code as a Source of Criminal Law -Constitutional Sources and Limits
• Limitations on the Criminal Law -The Principle of Legality -Ex Post Facto -The Rule of Lenity -Void for Vagueness
• The Burden of Proof
• Examples and Explanations

Chapter 2: The Purposes of Punishment


• Overview
• Defining Punishment
• The Purposes of Punishment -Utilitarianism -Retribution -The Relationship of the Theories
• Examples and Explanations

Chapter 3: Actus Reus


• Overview
• The Common Law -Voluntary Act -Omission and Legal Duty -Moral Duty -Possession
• The Model Penal Code -Voluntary Act -Omission and Legal Duty -A More Precise Definition for Actus Reus -Possession
• Examples and Explanations

Chapter 4: The Doctrines of Mens Rea


• Overview
• The Concepts of Mens Rea -'Traditional' and 'Statutory' Mens Rea -Specific Kinds of Mens Rea
• The Relevance of Motive -Motive as Specific Intent -Motive and Defenses
• Contemporaneity, Prior Fault, and Time Frames
• Statutory Interpretation and Mens Rea -Principles of Statutory Construction -Element Analysis -The 'Default Position'
• The Model Penal Code -Element Analysis -The Default Position Under the Code -Subjectivity vs. Objectivity
• Examples and Explanations

Chapter 5: Mistake


• Overview
• Mistake and Ignorance of Law -Ignorance of the Law -Mistake of Law -The Model Penal Code
• Mistake of Fact -Reasonableness and Specific Intent -Knowledge and Willful Blindness
• Mistake of Legal Fact
• Model Penal Code
• A Note on the Future of Mistake
• Examples and Explanations

Chapter 6: Strict Liability


• Overview
• The Reach of Strict Criminal Liability
• Legislative Intent, Positivism, and Democracy
• Definitions and Indicia of Strict Liability -Public Welfare Offenses -Mala in Se ('Real') vs. Mala Prohibita ('Unreal'?) Crimes -'Regulatory' or 'Police' Offense -The Litmus Test of Available Punishments -Innocent Actors
• Strict vs. Vicarious Liability
• Policy Analysis: Arguments For and Against Strict Liability
• Alternatives to Strict Liability
• 'Greater Crime' Theory
• Constitutionality
• The Model Penal Code
• A Recap and Methodology
• Examples and Explanations

Chapter 7: Causation


• Overview
• The Rationale of Causation
• The Elements of Causation -The Common Law -Proximate Cause -Contributory Negligence and Proximate Causation
• The Model Penal Code -Responsibility for Causing Harm -'But For' Causation -Other Causation, Concurrent Causation, and Transferred Intent -Culpability as to Result
• Examples and Explanations

Chapter 8: Homicide


• Overview
• Human Being -When Does Life Begin? -When Does Life End?
• Murder -'Original' Murder: Killing with 'Malice Aforethought' -Presumed Malice -Gradations of Murder -The Model Penal Code Approach -Some Further Thoughts
• Felony Murder -Introduction -Restrictions on the Doctrine: 'Cause' Questions
• Manslaughter -Voluntary Manslaughter/Involuntary Manslaughter -The Model Penal Code Approach
• Examples and Explanations

Chapter 9: Rape


• Overview
• The Common Law Approach -Definition -Spousal Immunity -Force -Threat of Force -Attacking the Credibility of the Complainant -Fraud -American Common Law
• The Actus Reus of Rape
• The Mens Rea of Rape
• The Model Penal Code -Second-Degree Rape -First-Degree Rape -Gross Sexual Imposition
• Modern Rape Statutes -Rape by Force or Threat of Serious Bodily Injury -Rape in the First Degree -Spousal Immunity -Rape Because No Legally Effective Consent
• Evidence Reforms

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