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Jones & Bartlett Learning
Introduction To Law And Criminal Justice

Introduction To Law And Criminal Justice


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Introduction To Law And Criminal Justice

Introduction to Law and Criminal Justice provides a comprehensive overview of the foundational legal issues in criminal justice. Written in an easy-to-understand format, it focuses on three areas of law relevant to criminal justice: substantive criminal law; constitutional issues that demand balancing individual liberties and governmental authority; and constitutional criminal procedure. This thorough introduction relies on edited judicial decisions with explanatory text, thus allowing readers to hone their analytical and critical thinking skills as they interpret the judicial decisions. This case method of study encourages students to examine both the majority and dissenting rationales and offers insight into the changing nature of precedent and how legal principles are adapted and applied under different factual circumstances. With its careful explanation of judicial decisions, this text offers students an excellent introduction to legal analysis and will prepare them for further study of law, social values, and criminal justice.

Key Features:
• Provides a student-friendly introduction to criminal justice and the case method of study.
• Presents carefully edited judicial decisions with accompanying explanation, to offer case material that is accessible to undergraduate introductory-level students.
• Focuses on three areas of law relevant to criminal justice -- substantive criminal law, constitutional issues evoking tensions between governmental authority and individual liberties, and constitutional criminal procedure.
• Includes discussions of select high-profile cases, including Kitty Genovese, Westboro Baptist Church, Andrea Yates, and Brian Mitchell, to provide students with examples of how legal principles have been applied in publicized and newsworthy cases.

• Instructor resources include an Instructor's Manual, Test Bank, and PowerPoint Lecture Outlines.
• Every new print copy is packaged with full access to the student companion website featuring a variety of engaging and interactive study tools (*eBook offerings do not include access code).

Product Details

ISBN-13: 9781449690328
Publisher: Jones & Bartlett Learning
Publication date: 09/27/2012
Edition description: New Edition
Pages: 440
Product dimensions: 6.80(w) x 9.90(h) x 0.50(d)

Table of Contents

Table of Cases ix

Preface xiii

Acknowledgments xv

Part 1 An Introduction to the Substantive Criminal Law 1

Chapter 1 Crime, Punishment, and the Rule of Law 3

Introduction 3

An Abbreviated History of Clime 4

Elements of a Crime 4

Studying Judicial Decisions: The Importance of Legal Analysis 5

Judicial Decisions 5

The Legality Principle: No Crime Without Law, No Punishment Without Law 10

Ignorance of the Law, Fair Notice, and the Vagueness Doctrine 11

Conclusion 20

Key Terms 21

Chapter 2 The General Principles of the Criminal Law 23

Introduction 23

Actus Reus 23

Act vs. Status 24

The Voluntary Act Requirement 32

Culpable Omissions: Can the Failure to Act Be a Crime? 36

Mens Rea 41

Concurrence 47

Causation 49

Harm 55

Victimless Crimes 55

Inchoate Crimes 58

Conclusion 65

Key Terms 65

References 65

Chapter 3 Criminal Law Defenses: Excuse, Justification, and Beyond 67

Introduction 67

Excuse 68

The Insanity Defense and Related Issues (Competency to Stand Trial and Civil Commitment) 69

Duress 82

Intoxication 85

Justification 88

Self-Defense 89

Necessity 97

Police Use of Deadly Force to Apprehend Fleeing Felons 100

Defenses Based on Social Policy Considerations 104

Entrapment 104

Statutes of Limitations 108

Rape Shield Laws and the Issue of Consent 112

Conclusion 116

Key Terms 117

Part 2 The Individual and the State: Balancing Personal Liberty and Social Order 119

Chapter 4 Due Process of Law and Equal Protection of the Laws 121

Introduction 121

Substantive Due Process: Abortion and Prenatal Life 122

Abortion 122

Prenatal Life: Criminal Homicide and Feticide 142

Maternal Substance Abuse 150

Is There a "Right to Die"? Physician-Assisted Suicide, Withdrawal of Life Support, and Related Issues 153

Physician-Assisted Suicide and Substantive Due Process 153

Physician-Assisted Suicide and Equal Protection of the Laws 161

Is "Mercy Killing" Murder? 164

Due Process, Gay Rights, and Intimate Association 168

Equal Protection of the Laws 175

Conclusion 183

Key Terms 183

Chapter 5 The First Amendment and the Freedom of Speech 185

Introduction 185

The Freedom of Speech 186

Symbolic Speech 189

The First Amendment and Modern Electronic Media 204

Conclusion 212

Key Terms 213

Chapter 6 Criminal Punishment and the Constitution 215

Introduction 215

Capital Punishment 216

Disproportionality and Prison Sentences 239

Punishing Sex Offenders 248

Conclusion 258

Key Terms 259

Part 3 Constitutional Criminal Procedure 261

Chapter 7 The Bill of Rights, Trial by Jury, and the Role and Functions of Prosecutors and Defense Counsel 263

Introduction 263

The Right to Trial by Jury (and the "Incorporation" of Bill of Rights Safeguards to State Criminal Proceedings Through the Fourteenth Amendment) 264

The Role of the Prosecutor in an Adversarial System of Justice. 279

Counsel for the Defense 289

Conclusion 298

Key Terms 300

Chapter 8 The Fourth Amendment and the Law of Search and Seizure 301

Introduction 301

Searches and Seizures 302

The Meaning of Search 302

The Meaning of the Seizure of a Person 308

The Exclusionary Rule 314

Arrests and Investigative Stops: Antecedents and Consequences 326

Arrests 326

Stop and Frisk 335

The Search Warrant "Requirement" and Its Exceptions 342

Search Warrants and Probable Cause 343

Exceptions to the Search Warrant Requirement 350

Conclusion 374

Key Terms 375

Chapter 9 Interrogation and Confessions 377

Introduction 377

Due Process and Involuntary Confessions 378

The fifth Amendment Right Against Compelled Self-incrimination:

Miranda and Us Progeny 383

Miranda v. Arizona 383

Custody 391

Interrogation 395

The Miranda Warnings 400

Invoking the Miranda Rights 402

The Waiver of Miranda Rights 406

The "Public Safety Exception" to Miranda 412

Nontestimonial Evidence 417

The Sixth Amendment Right to the Assistance of Counsel 421

Conclusion 424

Key Terms 424

Glossary 425

Index 431

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