Examples & Explanations for Criminal Law 8th Edition by Richard G. Singer, ISBN-13: 978-1543839357
[PDF eBook eTextbook]
- Publisher: Aspen Publishing; 8th edition (September 8, 2021)
- Language: English
- 688 pages
- ISBN-10: 1543839355
- ISBN-13: 978-1543839357
Employing the unique, time-tested Examples & Explanations pedagogy, Examples & Explanations for Criminal Law combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and to provide practice in applying information to fact patterns. The questions, which often raise a variety of issues in one fact situation, are similar to those on a law school or bar examination.
New to the Eighth Edition:
- Discussion of self-defense and police use of force issues
- Impact of #MeToo movement on rape law
- Interesting hypothetical situations based on real cases in the last few years
Professors and students will benefit from:
- Updated materials—utilizes well-known cases that have not made the appellate courts or even gone to litigation to make the material current and easily applicable
- Explanations include analysis of both prosecution and defense—this pedagogical approach provides valuable exam-writing skills for students
- Readable and accessible—often incorporates popular culture and humor to spark interest in students
- Highly recommended—by Atticus Falcon, author of Planet Law School, an orientation guide for students about to begin law school
- Straightforward presentation—clear, introductory text enables students to understand and apply principles
- Visual aids—tables and charts demonstrate legal standards and concepts
Table of Contents:
Cover
Front Matter
Editorial Advisors
Title Page
Copyright
About Aspen Publishing
Dedication
Summary of Contents
Contents
Preface
Acknowledgments
Chapter 1 The Sources and Limitations of the Criminal Law
Overview
Sources of Criminal Law
The Common Law as a Source of Criminal Law
Legislative Sources
The Model Penal Code as a Source of Criminal Law
Constitutional Sources and Limits
Limitations on the Criminal Law
The Principle of Legality
The Common Law in England
The Common Law in the United States
The Strengths and Weaknesses of Common Law Crimes
Principle of Legality
Ex Post Facto
The Rule of Lenity
Void for Vagueness
The Burden of Proof
Examples
Explanations
Chapter 2 The Purposes of Punishment
Overview
Defining Punishment
The Purposes of Punishment
Utilitarianism
Deterrence
Incapacitation
Rehabilitation
Empirical Critiques
Normative Critiques
Retribution
The Relationship of the Theories
The Importance of Sentencing
“Civil” vs. “Punitive”
The Difference Between “Criminal” and “Civil” Confinement
A Contemporary Example: Sexual Predator Laws
Examples
Explanations
Chapter 3 Actus Reus
Overview
The Common Law
Voluntary Act
Intangible Acts
Omission and Legal Duty
Moral Duty
Possession
The Model Penal Code
Voluntary Act
Omission and Legal Duty
A More Precise Definition for Actus Reus
Possession
Examples
Explanations
Chapter 4 The Doctrines of Mens Rea
Overview
The Concepts of Mens Rea
“Traditional” and “Statutory” Mens Rea
Motive and Mens Rea
Motive and Defenses
Specific Kinds of Mens Rea
Intent (Purpose)
Knowledge
Recklessness
Negligence as a Predicate for Criminal Liability
Proving Mens Rea
Contemporaneity, Prior Fault, and Time Frames
Statutory Interpretation and Mens Rea
Principles of Statutory Construction
Element Analysis
The “Default Position”
Mens Rea and the Constitution
The Model Penal Code
“Elements” vs. “Material” Elements
Kinds of Material Elements
Levels of Mental States
Element Analysis
The Default Position Under the Code
Summary
Examples
Explanations
Chapter 5 Mistake
Overview
Mistake and Ignorance of Law
Ignorance of the Law
Mistake of Law
Exceptions to the Rule
“Specific Intent” Crimes
Noncriminal Law Mistake
Estoppel
The Model Penal Code
Retention of the “Ignorantia Lex” Doctrine
The “Reasonable Reliance” Approach to Mistake
Mistake of Fact
Reasonableness and Specific Intent
Knowledge and Willful Blindness
Mistake of Legal Fact
The Model Penal Code
A Note on the Future of Mistake
Examples
Explanations
Chapter 6 Strict Liability
Overview
The Reach of Strict Criminal Liability
Definitions and Indicia of Strict Liability
Public Welfare Offenses
Mala in Se (“Real”) vs. Mala Prohibita (“Unreal”?) Crimes
Innocent Actors
The Litmus Test of Available Punishments
Strict vs. Vicarious Liability
Arguments for and Against Strict Liability
Alternatives to Strict Liability
“Greater Crime” Theory
One More Way of Imposing Strict Liability: Elements, Material Elements, and Sentencing Factors
Constitutionality
The Model Penal Code
A Recap and a Methodology
Examples
Explanations
Chapter 7 Causation
Overview
The Rationale of Causation
The Elements of Causation
The Common Law
Responsibility for Causing Harm
Cause in Fact
Omission as a Cause
Concurrent Causation
Direct Cause
Proximate Cause
Contributory Negligence and Proximate Causation
The Model Penal Code
Responsibility for Causing Harm
“But For” Causation
Other Causation, Concurrent Causation, and Transferred Intent
Culpability as to Result
Examples
Explanations
Chapter 8 Homicide
Overview
Human Being
When Does Life Begin?
When Does Life End?
Cause and Death
Murder
“Original” Murder: Killing with “Malice Aforethought”
Presumed Malice
Gradations of Murder
“First-Degree” Murder
“Second-Degree” Murder
The Model Penal Code Approach
Some Further Thoughts
Examples
Explanations
Felony Murder
Introduction
Restrictions on the Doctrine: “Cause” Questions
The “Proximate Cause” Theory
The “In Furtherance” (“Agency”) and “Provocative Act” Theories
Justified vs. Excused Killings
The Shield Cases: Exception to an Exception to an Exception
Other Restrictions
Duration of the Felony: Time Matters
Limitations on the Predicate Felony
Summary
Statutory Felony Murder: The Interplay of Courts and Legislatures
The Model Penal Code Approach
Examples
Explanations
Manslaughter
Voluntary Manslaughter
The Rules of Voluntary Manslaughter
Twentieth-Century Changes in the Doctrines
The Model Penal Code Approach
The Rules of Involuntary Manslaughter
Reckless and Negligent Manslaughter
Misdemeanor-Manslaughter
Examples
Explanations
Chapter 9 Rape
Overview
The Common Law Approach
Definition
Spousal Immunity
Force
Threat of Force
Consent
Attacking the Credibility of the Complainant
Legally Ineffective Consent
Fraud
American Common Law
The Actus Reus of Rape
The Mens Rea of Rape
The Model Penal Code
Second-Degree Rape
First-Degree Rape
Gross Sexual Imposition
Modern Rape Statutes
Rape by Force or Threat of Serious Bodily Injury
Force
Additional Force
Inherent Force
Nonphysical Force
Threat of Force
Dispensing with the Force Requirement
Resistance by the Victim
Consent
Deception
Rape in the First Degree
Spousal Immunity
Rape Because No Legally Effective Consent
Summary
Evidence Reforms
Rape Shield Laws
Examples
Explanations
Chapter 10 Theft
Overview
The Impact of History
The Death Penalty
Larceny
Trespass
Asportation and Taking
Personal Property
Of Another
With Intent
To Deprive
Permanently
Contemporaneity
Finders
Embezzlement
Conversion
In Lawful Possession
Fraud
False Pretenses
Representation
Present or Past Fact
Title
Mens Rea, Knowledge, and Intent to Defraud
Confusion
Grading
The Model Penal Code
Examples
Explanations
Chapter 11 Solicitation
Overview
Definition
The Common Law
The Model Penal Code
Another Version of Solicitation
The Mens Rea of Solicitation
The Common Law
The Model Penal Code
The Actus Reus of Solicitation
The Common Law
The Model Penal Code
The Relationship Between Solicitation and Conspiracy
Responsibility for Crime Solicited
Solicitation and Immunity for Crime Solicited
Solicitation and Innocent Agents
Impossibility
The Common Law
Legal Impossibility
Factual Impossibility
The Model Penal Code
Abandonment
Solicitation and Law Enforcement
Punishment
Examples
Explanations
Chapter 12 Attempt
Overview
Definition
The Mens Rea of Attempt
The Actus Reus of Attempt
The Common Law
Mens Rea
Intend the Act
Intend the Result
Intend the Circumstances
Actus Reus
Last Act
The Equivocality Test
Proximity Test
Probable Desistance
The Model Penal Code
Definition
Mens Rea
Conduct
Result
Circumstance
Actus Reus
Summary
Abandonment
The Common Law
The Model Penal Code
Impossibility: Legal, Factual, and Inherent
The Common Law
Legal Impossibility
Factual Impossibility
Analysis
Inherent Impossibility
The Model Penal Code
Legal Impossibility
Factual Impossibility
Inherent Impossibility
Stalking
Examples
Explanations
Chapter 13 Conspiracy
Overview
Definition
The Common Law
The Model Penal Code
Punishment and Grading
The Common Law
The Model Penal Code
The Special Advantages of Conspiracy for Prosecutors
Choice of Venue
Joint Trials
Use of Hearsay Evidence
Responsibility for Crimes Committed by Co-Conspirators
The Common Law
The Model Penal Code
Duration
The Common Law
Extending the Life of a Conspiracy
The Model Penal Code
Consequences of Termination
The Mens Rea of Conspiracy
The Common Law
Act and Result
Circumstances
The Model Penal Code
Conduct and Result
Circumstances
Purpose or Knowledge When Providing Goods and Services
Case Law
The Model Penal Code
The Actus Reus of Conspiracy
Agreement
The Common Law
The Model Penal Code
Overt Act
In General
The Model Penal Code
The Scope of the Agreement or How Many Conspiracies?
Single Agreement with Multiple Criminal Objectives
Single or Multiple Agreements?
The Wheel and Spokes Approach
The Chain Approach
Wheel and Chain Conspiracies
The Model Penal Code
Parties to a Conspiracy
The Common Law’s Bilateral Approach
The Model Penal Code’s Unilateral Approach
Abandonment
The Common Law
The Model Penal Code
Withdrawal
The Common Law
The Model Penal Code
Impossibility
Legal Impossibility
Factual Impossibility
Wharton’s Rule
The Common Law
The Model Penal Code
Immunity for Substantive Offense
The Common Law
The Model Penal Code
Examples
Explanations
Chapter 14 Complicity
Overview
The Rationale of Accomplice Liability
Definitions
The Common Law
Principals and Accessories
Misprision of Felony
Treason
Misdemeanors
The Model Penal Code
Principals and Accessories Before the Fact
Accessories After the Fact
Procedural Consequences of Classification
The Common Law
Venue
Pleadings and Proof
The Requirement of a Guilty Principal
The Model Penal Code
Venue
Pleadings and Proof
The Requirement of a Guilty Principal
Contemporary Law
Principals and Accessories
Accessories After the Fact
Elements of Accessorial Responsibility
Mens Rea
The Mens Rea of the Crime Aided
The Mens Rea to Be an Accomplice: Purpose or Intent to Aid the Principal’s Criminal Action
Knowledge That Another Intends to Commit a Crime
Providers of Goods and Services
Liability for Unintended Crimes Committed by the Principal
Actus Reus
Actual Assistance
Omission
How Much Aid Is Enough?
Immunity from Conviction
Conduct Necessarily Part of the Crime
Legal Incapacity to Commit Substantive Crime
The Relationship Between Principal and Accessories
The Common Law
The Requirement of a Guilty Principal
The Pretending Principal
Differences in Degree of Culpability Between Principal and Accomplice
Withdrawal of Aid
The Model Penal Code
The Requirement of a Guilty Principal
The Pretending Principal
Differences in Degree of Culpability Between Principal and Accomplice
Withdrawal of Aid
Examples
Explanations
Chapter 15 Defenses: An Initial Survey
Overview
Presumptions
Constitutional Aspects of Presumptions
The Model Penal Code
“Affirmative” Defenses
Legislative Clarity and the Offense-Defense Distinction
The Constitution and Affirmative Defenses
The Common Law and Affirmative Defenses
Excuse and Justification: The Debate and Confusion
The Distinction Drawn
The Distinction Questioned
The Problems with Explaining Justification
Mistake and Justification
Mistake: Honest or Reasonable?
Unknowing Justification: The Dadson Problem
The Problem with Explaining Excuses
Procedural Implications of the Distinctions
The Burden of Proof Problem
The Abolition Problem
The Assistance and Resistance Problem
The Model Penal Code
Examples
Explanations
Chapter 16 Acts in Emergency: Justification vs. Excuse
Overview
Common Requirements, Common Problems
Actus Reus, Mens Rea, or Both? Or Neither?
Actus Reus
Mens Rea
Why Punish?
Duress
The Doctrines of Duress
Personal Injury
Source of the Threat
“Imminence”
Reasonableness of Fear
To “Himself”
Creating Conditions of Duress
Duress and Homicide
Termination of the Threat
The Guilt of the Duressor: A Note
The Rationale of Duress
The Model Penal Code
Necessity
The Doctrines of Necessity
Source of the Threat
Necessity and Homicide
The Problem of Imminence
Choice of Evils and Alternatives
Creating Conditions of Necessity
Excuse or Justification?
Duress vs. Necessity
The Problem of Democracy
The Model Penal Code
Examples
Explanations
Self-Defense
The Rules of Self-Defense
Imminence; No Alternatives
Preemptive Strikes
To Retreat or Not to Retreat, That Is the Dilemma
“Stand Your Ground” Laws
Proportionality and Subjectivity
Mistake and Reasonableness
The Position of the “Aggressor”: Withdrawal
The “Not Unlawful” Aggressor
Time Frames
The Battered Wives Cases: A Challenge to the Doctrines
Doctrinal Problems of Self-Defense
The Mens Rea of Self-Defense
Defense of Others
The Model Penal Code
Examples
Explanations
Provocation — Excuse or Justification?
Defense of Property and Habitat
The Common Law
Other Lawful Means Available
Warning
Deadly Force Not Permitted
The Model Penal Code
Initial Aggression
Retaking Property
Use of Force
Examples
Explanations
Use of Force
Arrest
The Common Law
The Model Penal Code
Preventing Crime
The Common Law
The Model Penal Code
Examples
Explanations
Chapter 17 Defenses Based on Individual Characteristics
Overview
Insanity
The Relevance of Mental Illness in the Criminal Justice System
Competency to Stand Trial
Transfer from Prison to a Psychiatric Hospital
Release from Confinement
Execution Pursuant to a Sentence of Death
The Insanity Defense
The M’Naghten Test
The Irresistible Impulse Test
The Model Penal Code Test
The Federal Insanity Test
Reform of the Insanity Defense
Substantive Changes
Insanity Defense Myths and Facts
The Guilty But Mentally Ill Defense
Historical Origin
Jury Options
Dispositional Consequences
Arguments Pro and Con
The Empirical Consequences of the GBMI Defense
Examples
Explanations
Infancy
The Common Law
Under Age 7
Between Ages 7 and 14
Over Age 14
The Model Penal Code
Contemporary Law
Juvenile Court Jurisdiction
Criminal Responsibility
Determining Capacity
Examples
Explanations
Intoxication
Intoxication as an Element
The Relevance of Voluntary Intoxication to Mens Rea or Culpability
The Common Law
The Model Penal Code
The Relevance of Voluntary Intoxication to Defenses
Involuntary Intoxication
The Relevance of Voluntary Intoxication to Actus Reus
Alcoholism and Insanity
Examples
Explanations
Diminished Capacity
A Brief History
The British Version: Diminished Responsibility
The California Version
The Rule of Evidence Approach
The Model Penal Code
Summary
Examples
Explanations
Entrapment
The History of the Entrapment Defense
The Defense Today
The Subjective Approach
The Objective Approach
Due Process
Examples
Explanations
New Excuses: The Future Is Upon Us
Physiologically (Biologically) Based Excuses for Criminality
Neuroscience and the Law — My Brain Made Me Do It
Genetics and Crime
Premenstrual Syndrome (PMS)
Other Physiologically Based Claims
Psychologically Based Excuses
Brainwashing
Mob Mentality
Cognitive Psychology, Law, and the Emotions
Sociologically Based Claims
Criminogenic Causes: Rotten Social Background
Urban Survival Syndrome and Black Rage
Recap
Examples
Explanations
Table of Cases
Index
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