- ISBN: 9780534512675 | 0534512674
- Cover: Hardcover
- Copyright: 7/15/1999
This highly accessible text provides a comprehensive introduction to all aspects of criminal law. Gardner and Anderson illuminate what is prescribed criminal behavior by discussing and citing criminal law without employing extensive cases. Using a strong pedagogical framework, this book aids the student in comprehending complex topics in a methodical manner.
| Basic Concepts of Criminal Law | |
| Criminal Law Generally | p. 1 |
| Criminal Law in a Democracy | p. 2 |
| Criminal Law and Related Fields of Law | p. 3 |
| The Principle of "No Punishment Without a Law for It" | p. 7 |
| Classifications of Crimes | p. 8 |
| General Constitutional Limitations on Criminal Laws | p. 12 |
| Questions and Problems | p. 18 |
| Purposes, Scope, and Sources of Criminal Law | p. 21 |
| Goals and Purposes of Criminal Law | p. 22 |
| The Permissible Scope of Criminal Laws in the United States | p. 24 |
| Sources of Criminal Law | p. 26 |
| Essential Elements of a Crime | p. 33 |
| Crimes Requiring Proof of Mental Fault | p. 34 |
| Strict Liability Crimes | p. 43 |
| Proximate Cause or Causation | p. 45 |
| Possession Alone as a Crime | p. 49 |
| The Use of Presumptions and Inferences in Criminal Law | p. 51 |
| Questions and Problems | p. 56 |
| Criminal Liability | p. 58 |
| Preliminary, Anticipatory, or Inchoate Crimes | p. 59 |
| Parties to the Principal Crime | p. 69 |
| Post-Crime Offenses | p. 75 |
| Questions and Problems | p. 79 |
| Criminal Responsibility and the Capacity to Commit a Crime | p. 84 |
| Ancient Concepts of Criminal Responsibility | p. 85 |
| Infancy and Criminal Responsibility | p. 86 |
| The Insanity Defense | p. 87 |
| Tests Used to Determine Insanity | p. 89 |
| The Defense of Diminished Capacity | p. 93 |
| The Requirement of Competency to Stand Trial | p. 95 |
| The Criminal Responsibility of Corporations | p. 102 |
| Questions and Problems | p. 104 |
| The Law Governing the Use of Force | p. 108 |
| Self-Defense and the Defense of Others | p. 109 |
| The Use of Force in the Defense of Property | p. 114 |
| The Use of Force in Making an Arrest | p. 116 |
| Disciplining Children | p. 126 |
| Questions and Problems | p. 130 |
| Other Criminal Defenses | p. 133 |
| Affirmative Defenses | p. 134 |
| Immunity as a Defense | p. 134 |
| Mistake or Ignorance of Fact or Law as a Defense | p. 137 |
| Intoxication or Drugged Condition as a Defense | p. 140 |
| Duress, Coercion, or Compulsion as a Defense | p. 142 |
| Necessity or Choice of Evils Defense | p. 144 |
| Alibi as a Criminal Defense | p. 147 |
| The Defense that the Defendant was Acting Under the Authority, Direction, or Advice of Another | p. 149 |
| The Defense of Double Jeopardy | p. 150 |
| Entrapment, Frame-Up, and Outrageous Government Conduct as Defenses | p. 156 |
| The Right to a Speedy Trial as a Defense | p. 165 |
| The Statute of Limitations as a Defense | p. 167 |
| Consent, Contributory Negligence, or Condonation by the Victim as a Defense | p. 168 |
| Questions and Problems | p. 169 |
| Criminal Punishment | p. 174 |
| Punishments Used in Early England | p. 175 |
| Punishment Used in Early America | p. 176 |
| The Constitutional Limitation on Punishment | p. 177 |
| Corporal Punishment | p. 180 |
| Capital Punishment | p. 182 |
| Imprisonment as Punishment | p. 185 |
| Fines as Punishment | p. 187 |
| Forfeiture as Punishment | p. 187 |
| Career Criminals and the Repeat Offender | p. 192 |
| Questions and Problems | p. 194 |
| Jurisdiction | p. 198 |
| Jurisdiction to Create Criminal Laws | p. 199 |
| Jurisdiction over the Offense and the Person Charged | p. 199 |
| Dual Sovereignty and "Long-Arm" Statutes | p. 202 |
| Nation-to-Nation Jurisdiction | p. 204 |
| Criminal Jurisdiction of the Federal Government | p. 206 |
| Indian Tribes Within the United States | p. 208 |
| The Military, Martial, and War Powers Jurisdiction of the Federal Government | p. 209 |
| The Balancing of Constitutional Rights with the Need for Public Order | |
| The Limits of Free Speech | p. 217 |
| Belief--Speech--Action | p. 218 |
| The Clear and Present Danger Test | p. 218 |
| The Fighting Words Doctrine | p. 219 |
| Obscene Communications | p. 226 |
| Communications That Incite Unlawful Action | p. 230 |
| Defamation: Libel and Slander | p. 231 |
| When Threats Are Charged as Crimes | p. 236 |
| Questions and Problems | p. 239 |
| Maintaining Public Order in Public and Private Places | p. 242 |
| Regulating the Use of Public and Private Places | p. 243 |
| Picketing and Parades as Means of Communicating Ideas | p. 247 |
| Unlawful Assemblies and Riots | p. 252 |
| Disruption of Religious Services and Public or Private Meetings | p. 253 |
| Public Order in Places of Business | p. 255 |
| Public Nuisances as Civil or Criminal Offenses | p. 255 |
| Rallies and Meetings Where Violence Is Possible | p. 256 |
| Handbills and Door-to-Door Canvassing as Forms of Communication | p. 257 |
| Exercising First Amendment Freedoms in Shopping Malls | p. 259 |
| Crime on College and University Campuses | p. 259 |
| The Crime of Stalking | p. 259 |
| Other Public Order Aspects of U.S. Streets | p. 260 |
| Questions and Problems | p. 265 |
| The Limits of Other Freedoms | p. 269 |
| The Second Amendment Right to Bear Arms | p. 270 |
| Federal Laws Regulating Firearms | p. 271 |
| Carrying a Concealed Weapon Statutes and Ordinances | p. 273 |
| The Free Exercise of Religion | p. 279 |
| The Right of Privacy | p. 284 |
| Crimes Against the Person | |
| Homicide | p. 290 |
| Homicide in General | p. 291 |
| The Corpus Delicti Requirement | p. 291 |
| The Causation Requirement | p. 298 |
| Murder | p. 299 |
| Felony Murder | p. 304 |
| Manslaughter | p. 307 |
| Suicide, Assisting Suicide, and Euthanasia | p. 315 |
| Questions and Problems | p. 318 |
| Assault, Battery, and Other Crimes Against the Person | p. 322 |
| The Crime of Assault | p. 323 |
| Battery | p. 325 |
| Felonious and Aggravated Assaults and Batteries | p. 330 |
| Child Abuse and Neglect | p. 333 |
| Offenses Against the Liberty of a Person | p. 336 |
| Family Violence and Disturbances | p. 340 |
| Violence in the Workplace | p. 348 |
| Road Rage: Violent Aggressive Driving | p. 348 |
| Questions and Problems | p. 349 |
| Crimes Against Property | |
| Theft, Robbery, and Burglary | p. 353 |
| General Property Concepts | p. 354 |
| Larceny or Theft | p. 356 |
| Robbery | p. 366 |
| Burglary | p. 373 |
| Questions and Problems | p. 379 |
| Shoplifting and Other Crimes Against Businesses and Corporations | p. 383 |
| Shoplifting | p. 384 |
| Fraudulent Use of Credit Cards | p. 390 |
| Check Violations | p. 391 |
| Computer Crimes | p. 396 |
| Questions and Problems | p. 398 |
| Fraud and Other Property Crimes | p. 402 |
| Fraud and Fraudulent Practices | p. 403 |
| Counterfeiting of Money and Commercial Products | p. 409 |
| Trafficking in Stolen Goods | p. 410 |
| Possession of Criminal or Burglary Tools | p. 413 |
| Destroying or Damaging the Property of Another | p. 414 |
| Arson | p. 416 |
| Trespass | p. 420 |
| Landlord--Tenant Disputes | p. 422 |
| Complaints from Service Suppliers | p. 423 |
| Product Tampering | p. 424 |
| Questions and Problems | p. 425 |
| Sex Crimes | |
| Rape and Related Sex Crimes | p. 429 |
| Forcible Rape of Women and Girls | p. 431 |
| Homosexual Rape | p. 441 |
| Statutory Rape | p. 442 |
| Incest | p. 444 |
| Sexually Dangerous Persons Laws and Other Laws That Seek to Achieve Public Safety | p. 445 |
| Controversial Accusations of Sexual Abuse | p. 447 |
| Questions and Problems | p. 449 |
| Prostitution, Related Offenses, and AIDS | p. 453 |
| Prostitution | p. 454 |
| Homosexuals | p. 460 |
| Statutes That Require Proof That the Crime Was Committed in a "Public Place" | p. 462 |
| Sex Offenses That Can Be Committed in a Public or Private Place | p. 463 |
| Touching or Other Conduct Done to Arouse Sexual Desire | p. 464 |
| Obscenity and Child Pornography | p. 464 |
| Movies, Videos, and Photographs | p. 467 |
| Harassment as an Offense | p. 468 |
| Criminal Charges Relating to HIV Infections | p. 469 |
| Voyeurism | p. 473 |
| Questions and Problems | p. 473 |
| Other Criminal Conduct | |
| Drug Abuse and Alcohol-Related Crimes | p. 476 |
| Drug Abuse | p. 477 |
| Drug Laws in the United States | p. 478 |
| Alcohol-Related Crimes | p. 488 |
| Gangs, Organized Crime, and Terrorism | p. 496 |
| The Dangers of Gangs and Organized Crime | p. 497 |
| Types of Gangs and Organized Criminal Groups | p. 497 |
| Criminal Profits: Where Do They Go? | p. 501 |
| Organized Crime Investment in Lawful Businesses | p. 503 |
| Illegal Practices After Taking Over Legitimate Businesses | p. 505 |
| Corruption of Public Officials | p. 506 |
| The Racketeer Influenced and Corrupt Organizations (RICO) Act | p. 506 |
| Terrorism | p. 508 |
| The Crime of Contempt and Other Crimes Against Government | p. 515 |
| Contempt | p. 516 |
| Crimes by Public Officials | p. 521 |
| Crimes Against Government | p. 524 |
| Sieges and Problems That Have Resulted from the Enforcement of Laws | p. 531 |
| Applicable Sections of the U.S. Constitution | p. 535 |
| Glossary of Legal Terms | p. 538 |
| Table of Cases | p. 543 |
| Federal Crime Statutes | p. 554 |
| Index | p. 556 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
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