Criminal Law Today

Cover
Title Page
Copyright Page
Brief Contents
Contents
Preface
Acknowledgments
About the Authors
The Nature and History of Criminal Law
	Introduction
	What Is Criminal Law?
	Historical and Philosophical Perspectives
		Natural and Positive Law
			Criminal Law in the News: Politicians Who Violate the “Rule of Law” Get Tough Prison Sentences
		History of Western Law
	Common Law Tradition
		Common Law Today
		Civil Law Distinguished
		Criminal Procedure Distinguished
	Types of Crimes
	The Purposes of Criminal Law
	Sources of Criminal Law
		Constitutions
		Statutes, Ordinances, and Regulations
		Common Law
			Capstone Case: Does the Eighth Amendment Bar the Admission of Victim Impact Evidence during the Penalty Phase of a Capital Trial?
		The Model Penal Code
	The Modern U.S. Legal System
		Federalism
		Separation of Powers
	An Adversarial, Accusatorial Due-Process System
	The Rule of Law
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources On the Web
	Suggested Readings and Classic Works
	Notes
Criminal Liability and the Essence of Crime
	Introduction
	The Legal Essence of Criminal Conduct
	The Criminal Act
		Thinking Is Not Doing
		Being Is Not Doing
		Voluntary Acts
		Possession
		Failure to Act
		Speech as an Act
	State of Mind
		Specific, General, and Transferred Intent
			Criminal Law in the News: Supreme Court Rules in Favor of Church Picketers at Marine’s Funeral
		The Model Penal Code’s Mens Rea Scheme
			Criminal Law in the News: Man Shooting Gun into Air Accidently Kills Girl
	Strict Liability and Mens Rea
		Capstone Case: Can a Person Be Criminally Punished for Ordinary Negligence?
		When Statutes Are Silent on Mens Rea
		Insanity and Mens Rea
	Concurrence
		Capstone Case: How Shall a Court Interpret a Criminal Statute
That Is Silent on Mens Rea?
		Element Analysis
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources On the Web
	Suggested Readings and Classic Works
	Notes
Expanding the Concept of Crime
	Introduction
	Corpus Delicti
	Additional Principles of Criminality
		Causation
			Capstone Case: Does a Defendant’s Confession of a Sex Crime Have to Be Supported by Other Evidence for Conviction?
		Resulting Harm
		The Principle of Legality
			Capstone Case: May a defendant be convicted of sexual assault when the only evidence is a confession and where the trial court has decided to abandon the common law corpus delicti rule?
			Criminal Law in the News: Was Honeymooner Tried Twice for the Death of His Wife?
		Necessary Attendant Circumstances
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Extending Criminal Liability: Inchoate Offenses and Parties to Crime
	Introduction
	Criminal Attempt
		The Act Requirement
		Preparation
			Capstone Case: Is it Attempted Murder for Students to Bring Poison to School with the Intent of Killing a Teacher?
		Defenses to Charges of Criminal Attempts
		Completed Offense
		Punishment for Criminal Attempts
	Criminal Conspiracy
		Doctrine of Complicity
			Criminal Law in the News: Can Hearsay Be the Primary Evidence in a Murder Case?
		Elements of the Crime
		Plurality Requirement
		Required Intent
		Parties to a Conspiracy
		Acts in Furtherance of the Conspiracy
	Criminal Solicitation
	Parties to Crime
		Relationship of Complicity
		Accomplice Liability
		Accessory
		The Criminal Liability of Corporations
			Criminal Law in the News: Can Corporations Be Convicted of Crimes?
		Vicarious Liability
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Applications Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Justifications as Defenses
	Introduction
	Types of Defenses
	The Process of Affirmative Defenses
	Justification as a Defense
		Necessity
		Self-Defense
			Capstone Case: May an Aggressor Assert Self-Defense?
		Defense of Others
			Criminal Law in the News: Some States and Courts Strengthen Gun Rights
		Defense of Home and Property
		Resisting Unlawful Arrest
		Consent
	Summary
	Key Terms
	Questions For Discussion
	Critical Thinking and Application Problems
	Legal Resources On the Web
	Suggested Readings and Classic Works
	Notes
Defenses: Excuses and Insanity
	Introduction
	The Nature of Excuses
	Forms of Excuses
		Duress
		Intoxication
			Capstone Case: Is a Soldier’s Murder of Civilians Justified Because He Was Ordered to Do It?
		Mistake
			Capstone Case: Does a Defendant Have a Constitutional Right to Defend against a Murder Charge by Claiming Intoxication?
		Age
			Capstone Case: Is It Kidnapping to Move a Person Who Is Mistakenly Believed to Be Dead?
		Entrapment
			Capstone Case: Is It Entrapment for a Female Agent of the Police to Offer Romance and Sex to Entice a Man with No Criminal History into Drug Dealing?
		Syndrome-Based Defenses
	Mental Incompetency
		Competency to Stand Trial
			Criminal Law in the News: Is Some Shoplifting an Addiction?
		Insanity at the Time of the Crime
	The Insanity Defense: A Common Misunderstanding
	What Is Insanity?
	History of the Insanity Defense
		The M’Naughten Rule: Knowing Right from Wrong
		The Irresistible Impulse Test: Control Rules
		The Durham Rule: Crime as a Product of Mental Disease
		The American Law Institute Test: Substantial Capacity
		Guilty but Mentally Ill
			Capstone Case: How Long Does a Person Have to Be Insane to Qualify for the Defense of Insanity?
		The Doctrine of Settled Insanity
	Diminished Capacity
	How Widely Used Is the Insanity Defense?
	Consequences of an Insanity Finding
	Abolishing the Insanity Defense
	Civil Commitment
		Capstone Case: May a State Confine Someone Because He or She Is Likely to Harm Someone Else in the Future?
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Crimes Against Persons: Homicide
	Introduction
	Criminal Homicide
		The Taking of a Life
		Defining Death
		The Time of Death
			Capstone Case: Can a Drug Dealer be Guilty of Homicide When the Dealer Sold a User A Drug, That Combined with Others to Cause the User’s Death?
		Proximate Cause and Homicide
	Murder
		Malice Aforethought
		Capital Murder
		Felony Murder
	Manslaughter
		Voluntary Manslaughter
			Capstone Case: Is Learning about Marital Infidelity from One’s Spouse
in Heated, Hurtful Language as Provocative as Catching a Spouse Engaged
in a Sex Act with a Lover?
		Involuntary Manslaughter
			Criminal Law in the News: Abortion Doctors Charged with Murder in Maryland
	Negligent Homicide
		Vehicular Homicide
	Suicide
		Criminal Law in the News: Faith-Healing Parents Convicted in Son’s Death
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Crimes Against Persons: Assault, Sex Offenses, and Other Crimes
	Introduction
	Assault, Battery, and Mayhem
		Assault
		Placing Another in Fear
		Conditional Assault
		Aggravated Assault
		Attempted Assault
		Battery
		Aggravated Battery
		Mayhem
		Stalking
	Sex Offenses
		Capstone Case: Does Applying Stalking Laws between Spouses Unconstitutionally
Interfere with the Marriage Relationship?
		Rape
		Affirmative Consent Laws
		Sexual Assault
	Kidnapping and False Imprisonment
		Kidnapping
			Capstone Case: Does Moving a Person Four to Nine Feet during the Commission
of a Felony Constitute Kidnapping?
		False Imprisonment
	Threat
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Property and Computer Crimes
	Introduction
	Theft Crimes
		Larceny
			Capstone Case: Is It Theft to Sell Someone Else’s Copyrighted Songs without
Permission?
		Embezzlement
		False Pretenses
		Forgery
		Receiving Stolen Property
		Robbery
		Extortion
		Identity Theft: A Twenty-First-Century Version of Theft
	Consolidation of Theft Crimes
	Grading of Theft Crimes
	Burglary
		Capstone Case: Can Someone Commit Burglary of His or Her Home?
	Arson
	Computer and High-Technology Crimes
		Computer Crime Laws
			Criminal Law in the News: Kim Dotcom of Megaupload Arrested for Online Piracy
			Capstone Case: Is It a Computer Crime for an Individual to Enter Untrue
Answers into an Automated, Computerized Telephone System for the Purpose
of Defrauding Another?
		Types of Computer Crimes
			Federal Cybercrime Enforcement Agencies
			Internet-Based Crime
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Offenses against Public Order and the Administration of Justice
	Introduction
	Crimes against Public Order
		Breach of Peace and Disorderly Conduct
			Capstone Case: Are Words That Are So Insulting That They May Lead a Reasonable Person to Violence Protected Speech under the First Amendment?
		Fighting and Affray
		Alcohol and Drug Crimes
		Riot and Unlawful Assembly
		Vagrancy and Loitering
		Teenage Curfew
		Weapons Possession
		Second Amendment
			Capstone Case: Is the Right to Bear Arms as Found in District of Columbia v.
Heller a Fundamental Right That Applies to the States?
		Immigration Crimes
	Crimes against the Administration of Government
		Treason
		Perjury and Contempt
		Witness and Juror Tampering
		Obstruction of Justice
		Honor and Integrity
			Capstone Case: Is It a Crime to Lie about Being a Decorated War Veteran?
		Misconduct in Office and Bribery
		Escape
	Environmental Crimes
		The Clean Water Act
		The Clean Air Act
		The Comprehensive Environmental Response, Compensation, and Liability Act
		The Toxic Substances Control Act
		The Endangered Species Act
		The Resource Conservation and Recovery Act
		The Marine Mammal Protection Act
		Other Environmental Laws
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Offenses against Public Morality
	Introduction
	Crimes against Public Decency and Morality
	Prostitution
	Pornography, Obscenity, and Lewdness
		Capstone Case: Is the Act of Offering to Sell or Give Child Pornography
Protected Speech under the First Amendment?
		Capstone Case: Is Fully Nude Dancing in a Strip Club Protected Speech under
the First Amendment?
	Other Consensual Sex Offenses
		Capstone Case: May a State Make Private, Consensual Sex between Adults
of the Same Sex a Crime?
	Gambling and Gaming
	Controlled Substances
		Anti–Drug Abuse Legislation
		The Controlled Substances Act of 1970
		The Anti–Drug Abuse Act of 1988
		Other Federal Antidrug Legislation
		State-Level Antidrug Laws
		Asset Forfeiture
		Medical Marijuana
	A Critique of Laws Regulating Public Morality
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Terrorism and Human Trafficking
	Introduction
	Terrorism, Treason, and Sedition
	Terrorism Laws
		Criminal Law in the News: American Woman Embraces Islam on the Internet, Becomes “Jihad Jane”
	Constitutional Issues
		Capstone Case: Does It Violate the First Amendment’s Free Speech Clause
to Make It a Crime to Provide Support in Humanitarian, Nonviolent Activities
to a Terrorist Organization?
	Human Smuggling and Trafficking in Persons
	Federal Immigration and Trafficking Legislation
		Capstone Case: Is a Person Who Purchases Sex on the Internet a “Trafficker”
under the Federal TVPA?
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Victims and the Law
	Introduction
	Who Is a Victim?
	A Short History of the Victim
		The Philosophy of Victims’ Compensation
		Victims’ Assistance Programs Today
	Victims’ Rights Legislation
	The Growth of Victims’ Rights
		Son of Sam Laws
			Capstone Case: May a State Redirect the Profits from a Criminal’s Commercial
Writings to the Victims of the Criminal?
		Victim Impact Statements
		Confrontation
			Capstone Case: May a Defendant Be Convicted of Sexual Assault When the Only Evidence Is a Confession?
	Victim Statistics
		The National Crime Victimization Survey
		Violence against Women
		The Uniform Crime Reporting Program
	Restitution
		The Restoration Movement
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Punishment and Sentencing
	Introduction
	Punishment Rationales
		Retribution
		Deterrence
		Rehabilitation
		Restoration
		Incapacitation
	Constitutional Limitations
	Imposing Criminal Sanctions
		Federal Sentencing Practices
		The Role of the Jury in Sentencing
		Truth in Sentencing
	Plea Bargaining
	Traditional Sentencing Options
	Less Traditional Sentencing Options
		Capstone Case: Is It Cruel and Unusual Punishment under the Eighth
Amendment to Incarcerate a Juvenile Murderer for Life with No Possibility
of Parole?
	Sentence Enhancements
	Capital Punishment
		The Eighth Amendment and Capital Punishment
			Criminal Law in the News: DNA Testing Topples Old Convictions, Raising New Concerns
		Limits on Death-Row Appeals
			Capstone Case: Is It Cruel under the Eighth Amendment to Execute Convicted
Child Rapists?
		Death as Cruel and Unusual
			Capstone Case: Is a Capital Convictee Responsible for His Attorney’s Failure
to File His Appeal?
	Intermediate Sanctions
	Summary
	Key Terms
	Questions for Discussion
	Critical Thinking and Application Problems
	Legal Resources on the Web
	Suggested Readings and Classic Works
	Notes
Appendix A How to Brief a Case
Appendix B Model Penal Code Excerpts
Glossary
Table of Cases
Subject Index