Criminal Law,9780534547202

Criminal Law

by
Edition: 6th
ISBN13: 9780534547202
ISBN10: 0534547206
Format: Hardcover
Pub. Date: 1998-07-17
Publisher(s): Wadsworth Publishing
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Summary

Clear and easy to understand, Joel Samaha's best-selling CRIMINAL LAW helps you apply criminal law's enduring foundations and principles to fascinating, current court cases and specific crimes. With a balanced blend of case excerpts and author commentary, Samaha guides you as you hone your critical thinking and legal analysis skills. You'll see the principles, defenses, and elements of crime at work as you progress through the book-and you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons property, society, and crimes against the state. Featuring the latest topics and court cases, as well as many study tools to help you do well in this course, Samaha's CRIMINAL LAW is a text you will want to keep as a valuable reference even after you graduate and begin your career in the criminal justice field of your choosing.

Author Biography

Joel Samaha teaches Criminal Law, Criminal Procedure, Introduction to Criminal Justice, and The Constitution in Crisis Times at the University of Minnesota.

Table of Contents

Preface xxi
CHAPTER 1 The Nature, Origins, and Purposes of Criminal Law
1(42)
Introduction
3(2)
The Nature of Criminal Law
5(1)
The General and Special Parts of Criminal Law
6(1)
Classifying Crimes
7(3)
Crime, Tort, and Nonlegal Responses to Social Harms
7(1)
Felony, Misdemeanor, and Violation
8(1)
Wrongs Mala in Se and Mala Prohibita
9(1)
Classifications According to Subject
9(1)
Punishment
10(13)
Retribution
12(2)
Prevention
14(8)
Trends in Punishment
22(1)
Criminal Law in a Federal System
23(1)
Sources of Criminal Law
24(5)
The Common-Law Origins of Criminal Law
25(2)
Criminal Codes
27(1)
Common-Law Crimes and Modern Criminal Law
28(1)
"Rational Criminal Law"
29(1)
Nonlegal Influences on Criminal Law
30(6)
The Influence of Ideology
31(2)
The Influence of the Irrational
33(1)
The Influence of History
34(1)
The Influence of an "Ethical Core"
35(1)
Summary
36(7)
CHAPTER 2 Constitutional Limits on Criminal Law
43(41)
Introduction
45(1)
The Principle of Legality
46(1)
Void-For-Vagueness Doctrine
46(1)
How to Read, Analyze, and Find Cases
47(9)
Equal Protection of the Laws
56(5)
Ex Post Facto Laws
61(2)
The Right to Privacy
63(5)
Free Speech
68(5)
Cruel and Unusual Punishments
73(7)
Summary
80(4)
CHAPTER 3 The General Principles of Criminal Liability
84(56)
Introduction
86(2)
Actus Reus
88(22)
Status or Condition as Action
89(4)
Thoughts and Action
93(1)
Voluntariness
94(2)
Words as Acts
96(1)
Omission
96(8)
Possession
104(5)
Summary of Actus Reus
109(1)
Mens Rea
110(17)
Determining Mens Rea
110(1)
Defining Mens Rea
111(16)
Concurrence
127(1)
Causation
128(8)
Grading Offenses
136(1)
Summary
136(4)
CHAPTER 4 Parties to Crime: Complicity and Vicarious Liability
140(35)
Introduction
142(1)
Parties to Crime
143(14)
Actus Reus of Accomplice Liability
144(5)
Mens Rea of Accomplice Liability
149(4)
Complicity Following Crime
153(4)
Vicarious Liability
157(16)
Vicarious Individual Liability for Corporate Crime
164(5)
Noncorporate Vicarious Liability
169(4)
Summary
173(2)
CHAPTER 5 Uncompleted Crimes: Attempt, Conspiracy, and Solicitation
175(47)
Introduction
177(1)
Attempt
178(24)
History of the Law of Attempt
178(1)
Theories of Criminal Attempt
179(1)
The Elements of Criminal Attempt
180(10)
Legal and Factual Impossibility
190(7)
Abandonment
197(5)
Summary of Attempt Law
202(1)
Conspiracy
202(13)
Conspiracy Actus Reus
203(2)
Conspiracy Mens Rea
205(3)
The Objective of the Conspiracy
208(1)
Parties to the Conspiracy
209(5)
Summary of Conspiracy Law
214(1)
Solicitation
215(4)
Summary
219(3)
CHAPTER 6 Defenses to Criminal Liability: Justifications
222(60)
Introduction
225(2)
Self-Defense
227(25)
Elements of Self-Defense
227(18)
The Retreat Doctrine
245(3)
Defense of Others
248(1)
Defense of Home and Property
248(4)
Execution of Public Duties
252(3)
Resisting Unlawful Arrest
255(6)
Choice-of-Evils Defense
261(12)
The Elements of the Choice-of-Evils Defense
263(7)
Economic Necessity
270(3)
Consent
273(5)
Summary
278(4)
CHAPTER 7 Defenses to Criminal Liability: Excuses
282(58)
Introduction
284(1)
Duress
284(8)
Intoxication
292(7)
Mistake
299(4)
Age
303(4)
Entrapment
307(8)
Insanity
315(13)
Right-Wrong Test
316(7)
Irresistible Impulse Test
323(1)
Substantial Capacity Test
324(3)
Burden of Proof
327(1)
Diminished Capacity
328(4)
Syndromes
332(3)
Summary
335(5)
CHAPTER 8 Crimes Against Persons I: Criminal Homicide
340(63)
Introduction
342(2)
Elements of Criminal Homicide
344(9)
Criminal Homicide Mens Rea
344(1)
Criminal Homicide Actus Reus
344(9)
Causing Another's Death
353(3)
Types and Degrees of Criminal Homicide
356(21)
First-Degree Murder
357(5)
Second-Degree Murder
362(3)
Felony Murder
365(7)
Corporate Murder
372(4)
Summary of Murder
376(1)
Manslaughter
377(22)
Voluntary Manslaughter
377(10)
Involuntary Manslaughter
387(5)
Negligent Homicide
392(7)
Summary
399(4)
CHAPTER 9 Crimes Against Persons: Criminal Sexual Conduct and Others
403(48)
Introduction
405(1)
Criminal Sexual Conduct
406(4)
History of Rape
407(3)
The Elements of Rape
410(22)
The Actus Reus of Rape
410(8)
The Element of Nonconsent
418(5)
Statutory Rape
423(2)
The Mens Rea of Rape
425(1)
Criminal Sexual Conduct with Children
426(1)
Marital Rape Exception
427(4)
Criminal Sexual Conduct Statutes
431(1)
Grading Rape
432(1)
Summary of Rape and Criminal Sexual Conduct
432(1)
Assault and Battery
432(8)
The Elements of Battery
433(3)
The Elements of Assault
436(4)
False Imprisonment
440(1)
Kidnapping
441(7)
Summary
448(3)
CHAPTER 10 Crimes against Habitation: Burglary and Arson
451(19)
Introduction
453(1)
Burglary
454(1)
The Elements of Burglary
455(6)
Burglary Actus Reus
455(1)
Dwelling Requirement
456(3)
The "of Another" Element
459(2)
The "Nighttime" Element
461(1)
Burglary Mens Rea
461(1)
Grading Burglary
461(2)
Rationale of Burglary Law
462(1)
Arson
463(4)
History and Rationale
463(1)
Burning: The Arson Actus Reus
464(2)
Arson Mens Rea
466(1)
Property in Arson
466(1)
Summary of Arson
467(1)
Summary
467(3)
CHAPTER 11 Crimes against Property
470(37)
Introduction
473(1)
History of Theft
473(1)
Larceny
474(5)
Larceny Actus Reus
474(4)
The "Property" Element
478(1)
Larceny Mens Rea
479(1)
Summary of Larceny
479(1)
Embezzlement
479(1)
False Pretenses--Stealing by Deceit
480(3)
Consolidated Theft Statutes
483(5)
Receiving Stolen Property
488(5)
Forgery and Uttering
493(3)
Forgery
493(2)
Uttering
495(1)
Robbery and Extortion
496(8)
Robbery
496(5)
Extortion
501(3)
Summary
504(3)
CHAPTER 12 Crimes Against Public Order and Morals
507(30)
Introduction
510(2)
Street Gangs
512(7)
Sleeping in Public
519(9)
Panhandling
528(6)
Summary
534(3)
APPENDIX A Constitution of the United States 537(16)
Glossary 553(5)
Index 558

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