Criminal Law

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ISBN: 9780534619503 | 0534619509
Cover: Paperback
Copyright: 1/20/2005

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Part I: LEGAL FOUNDATIONS OF CRIMINAL JUSTICE. 1. Fundamentals of Criminal Law and Procedure. 2. Organization of The Criminal Justice System. Part II: THE SUBSTANTIVE CRIMINAL LAW. 3. Constitutional Limitations on the Prohibition of Criminal Conduct. 4. Elements of Crimes and Parties to Crimes. 5. Inchoate Offenses. 6. Offenses Against Persons. 7. Crimes Against Property. 8. Offenses Against Public Morality. 9. Alcohol and Drug Offenses. 10. White-Collar and Organized Crime. 11. Offenses Against Public Health and the Environment. 12. Offenses Against Public Order and Safety. 13. Offenses Against Justice and Public Administration. 14. Criminal Responsibility and Defenses. Appendix A: Access to the Law through Legal research. Appendix B: The Constitution of the United States. Glossary. Table of Cases.

Preface

PART ONE Legal Foundations of Criminal Justice

(34)

Fundamentals of Criminal Law

(16)

Introduction

(1)

What Is a Crime?

(4)

The Origins and Sources of the Criminal Law

(4)

Constitutional Limitations on the Criminal Law

(1)

Criminal Punishment

(5)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

The Roles of Legislatures and Courts in Developing the Criminal Law

(17)

Introduction

(1)

The Role of the State Legislatures

(2)

Congress---The National Legislature

(2)

Criminal Law and Federalism

(1)

The Judicial Role

(2)

State Court Systems

(3)

The Federal Court System

(6)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

PART TWO The Substantive Criminal Law

(318)

Constitutional Limitations on the Prohibition of Criminal Conduct

(28)

Introduction

(1)

The Power to Enact Criminal Laws

(2)

Delimiting the Crime of Treason

(2)

Bills of Attainder and Ex Post Facto Laws

(2)

The Bill of Rights

(1)

The First Amendment Freedom of Expression

(5)

Freedom of Assembly

(1)

Free Exercise of Religion

(2)

The Right to Keep and Bear Arms

(1)

The Doctrines of Vagueness and Overbreadth

(2)

Freedom from Compulsory Self-Incrimination

(1)

The Prohibition against Cruel and Unusual Punishments

(1)

The Constitutional Right of Privacy

(2)

Equal Protection of the Laws

(1)

Standards of Judicial Review

(1)

The Importance of State Constitutions

(3)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(1)

Elements of Crimes and Parties to Crimes

(16)

Introduction

(1)

The Actus Reus (The Act Requirement)

(3)

The Mens Rea (The Criminal Intent Requirement)

(5)

Strict Liability Offenses

(1)

The Causation Requirement

(1)

Parties to a Crime

(5)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(1)

Inchoate Offenses

(16)

Introduction

(1)

Attempt

(3)

Solicitation

(2)

Conspiracy

(10)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(2)

Offenses against Persons

(48)

Introduction

(1)

Assaultive Offenses

(5)

Homicide

103

(13)

Suicide

116

(3)

Rape and Sexual Battery

119

(10)

Abortion

129

(2)

Abusive Offenses

131

(3)

False Imprisonment and Kidnapping

134

(4)

Civil Rights Offenses

138

(2)

Hate Crimes

140

(4)

Conclusion

141

(1)

Key Terms

141

(1)

Web-Based Research Activity

141

(1)

Questions for Thought and Discussion

142

(1)

Problems for Discussion and Solution

142

(2)

Property Crimes

144

(31)

Introduction

145

(1)

The Common-Law Theft Offenses

145

(3)

The Modern Approach to Theft Offenses

148

(4)

Identity Theft

152

(2)

Intellectual Property Offenses

154

(2)

Robbery

156

(4)

Forgery and Uttering a Forged Instrument

160

(3)

Worthless Checks

163

(1)

Access Device Fraud

164

(2)

Habitation Offenses

166

(4)

Malicious Mischief

170

(1)

Extortion

170

(1)

Defenses to Property Crimes

171

(4)

Conclusion

172

(1)

Key Terms

172

(1)

Web-Based Research Activity

173

(1)

Questions for Thought and Discussion

173

(1)

Problems for Discussion and Solution

173

(2)

Offenses against Public Morality

175

(24)

Introduction

176

(2)

Criminal Prohibitions of Consensual Sexual Conduct

178

(5)

Indecent Exposure

183

(2)

Voyeurism

185

(1)

Obscenity and Pornography

186

(6)

Profanity

192

(1)

Gambling

193

(2)

Animal Cruelty

195

(4)

Conclusion

196

(1)

Key Terms

197

(1)

Web-Based Research Activity

197

(1)

Questions for Thought and Discussion

197

(1)

Problems for Discussion and Solution

197

(2)

Alcohol and Drug Offenses

199

(22)

Introduction

200

(1)

Prohibition and Regulation of Alcoholic Beverages

200

(2)

Public Intoxication

202

(1)

Driving under the Influence

202

(2)

Origins of the Prohibition of Drugs

204

(1)

Modern Drug Laws

205

(4)

Prohibition of Drug Paraphernalia

209

(1)

Problems of Drug Enforcement and Prosecution

210

(2)

The War on Drugs

212

(5)

Drug Courts: A New Approach

217

(4)

Conclusion

219

(1)

Key Terms

219

(1)

Web-Based Research Activity

219

(1)

Questions for Thought and Discussion

219

(1)

Problems for Discussion and Solution

220

(1)

White-Collar and Organized Crime

221

(21)

Introduction

222

(1)

Legal Principles Governing White-Collar Crimes

223

(1)

Common Federal White-Collar Crimes

224

(10)

Organized Crime

234

(5)

Defenses in White-Collar and Organized Crime Cases

239

(3)

Conclusion

239

(1)

Key Terms

239

(1)

Web-Based Research Activity

240

(1)

Questions for Thought and Discussion

240

(1)

Problems for Discussion and Solution

240

(2)

Offenses against Public Health and the Environment

242

(26)

Introduction

243

(1)

Public Health Legislation

244

(4)

Planning and Zoning Laws

248

(1)

The Scope of Federal and State Environmental Statutes

249

(9)

Noise Pollution

258

(2)

Antismoking Legislation

260

(1)

Wildlife Protection Laws

261

(7)

Conclusion

265

(1)

Key Terms

266

(1)

Web-Based Research Activity

266

(1)

Questions for Thought and Discussion

266

(1)

Problems for Discussion and Solution

266

(2)

Offenses against Public Order, Safety, and Security

268

(25)

Introduction

269

(1)

Breaches of the Peace

270

(5)

Vagrancy, Loitering, Curfews, and Panhandling

275

(6)

Motor Vehicle Violations

281

(2)

Weapons Offenses

283

(2)

Offenses against National Security

285

(3)

Terrorism and Weapons of Mass Destruction

288

(5)

Conclusion

290

(1)

Key Terms

290

(1)

Web-Based Research Activity

290

(1)

Questions for Thought and Discussion

290

(1)

Problems for Discussion and Solution

291

(2)

Offenses against Justice and Public Administration

293

(20)

Introduction

294

(1)

Bribery

294

(4)

Perjury

298

(3)

Obstruction of Justice

301

(1)

Resisting Arrest

302

(1)

Compounding a Crime

303

(1)

Escape

304

(2)

Contempt

306

(7)

Conclusion

310

(1)

Key Terms

310

(1)

Web-Based Research Activity

310

(1)

Questions for Thought and Discussion

310

(1)

Problems for Discussion and Solution

311

(2)

Criminal Responsibility and Defenses

313

(40)

Introduction

314

(1)

Defenses in General

314

(1)

Defenses Asserting Lack of Capacity to Commit a Crime

315

(7)

Defenses Asserting Excuse or Justification

322

(6)

Defenses Justifying the Use of Force

328

(6)

Defenses Based on Constitutional and Statutory Authority

334

(6)

Defenses Based on Improper Government Conduct

340

(4)

Nontraditional Defenses

344

(9)

Conclusion

347

(1)

Key Terms

348

(1)

Web-Based Research Activity

349

(1)

Questions for Thought and Discussion

349

(1)

Problems for Discussion and Solution

350

(3)

APPENDIX A Access to the Law through Legal Research

353

(17)

The Nature of Legal Research

353

(1)

Primary Legal Sources

353

(9)

Secondary Sources

362

(4)

Legal Research Using the Internet

366

(1)

How to Research a Specific Point of Law

367

(2)

Conclusion

369

(1)

APPENDIX B The Constitution of the United States of America

370

(14)

Glossary

384

(28)

Table of Cases

412

(5)

Index

417

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Criminal Law

Summary

Table of Contents

Supplemental Materials