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Before you select materials for your next Criminal Law course, review this major revision of the popular casebook. Meticulously updated, fine-tuned, & improved for this Fourth Edition, previous users will experience the same high quality they have come to depend on while new users will discover an exceptionally well-balanced casebook that analyzes both the Model Penal Code & common law doctrine. CRIMINAL LAW: Cases & Materials, Fourth Edition, stands out in a crowded field because of its: Distinguished authors -Current co-authors Weisberg & Binder continue the tradition of excellence, relevance, & teachability while maintaining the high standard of quality established by the late John Kaplan, a legendary teacher & scholar Lively text enriched with vivid excerpts, & illuminated by the social, political, & criminological context of criminal law. An interdisciplinary approach that fuels class discussion & enriches the course study Well-edited cases, interesting materials, & clear-cut notes capture student attention, build their confidence, & prepare them for progressively more sophisticated topics The casebook's six logically organized parts encompass the purposes & limits of punishment & the meaning & types of crimes: Just Punishment The Criminal Offense Homicide Offenses Justification & Excuse Attribution of Criminality Additional Major Substantive Crimes (including Theft Offenses & Rape) Extensive revisions for the Fourth Edition reflect both user feedback & developments in law & society: Chicago v. Morales the significant U.S. Supreme Court decision which struck down a "gang loitering ordinance" as unconstitutionally vague & reignited a major debate over new innovations in urban policing More material on RICO & other white collar crimes, including controversial new applications of the Hobbs Act & Mail Fraud How the much-contested Federal Sentencing Guidelines have become an integral part of criminal law, especially for drug crimes The growing importance of the federal death penalty, including the U.S. Supreme Court's first major opinion reviewing the new federal death penalty law, Jones v. United States How controversies over gun control legislation, especially the so-called "straw-man purchase laws" are changing our doctrines of accomplice liability Dramatic new contexts in conspiracy law including the stunning verdict in the Terry Nichols case in which he could be convicted of conspiracy but not murder for the Okalahoma City Bombing, & the First Amendment implications of the conspiracy-terrorism conviction of the Omar Ahmad Ali Abdel Rahman bombing case.

Tabla de contenidos provista por Syndetics

• Introduction
• 1 The Career of a Criminal Case
• A Procedure Before Trial
• B Substantive Legal Issues Before Trial
• C Procedure at Trial
• D Substantive Legal Issues on Appeal
• 2 Sources of Criminal Law
• A Statutes
• B Precedent
• C Constitutions
• 3 The Analysis of Criminal Liability
• A The Purpose of Analysis
• B The Model Penal Code Scheme
• C The German Scheme
• 4 Burdens of Proof
• A Allocation of Burdens of Proof in Historical Perspective
• B Burdens of Proof And Due Process
• Part I Just Punishment
• Chapter 1 The Purposes And Limits of Punishment
• A An Introductory Problem
• B Utilitarianism And Retributivism
• C Utilitarian Punishment
• D Retribution
• E Beyond Utility And Desert: The New Educative Theories of Punishment
• F Proportionality
• G The Federal Sentencing Guidelines
• Part II The Criminal Offense
• Chapter 2 The Criminal Act
• A The Need For An Actus Reus
• B Omissions
• C The Requirement of Voluntariness
• D The Prohibition of 'Status' Crimes
• E Legality
• F Specificity
• Chapter 3 The Guilty Mind and Responsibility
• A The Requirement of a Guilty Mind
• B Categories of Culpability
• C Mistake and Mens Rea Default Rules
• D 'Mistake of Law'
• E Capacity For Mens Rea
• Chapter 4 Causation
• A 'But For' Causation
• B Proximate Cause: Forseeability And Related Limitations
• C Intervening Causes
• D Causation By Omission: Duties
• Part III Homicide Offenses
• Chapter 5 Intentional Homicide
• A Intentional Murder (Second Degree)
• B Premeditated Murder (First Degree)
• C Voluntary Manslaughter
• Chapter 6 Unintentional Homicide
• A Involuntary Manslaughter
• B Reckless Murder
• C Homicide in the Course of Another Crime
• Chapter 7 Capital Murder And The Death Penalty
• A An Historical and Constitutional Summary
• B The New Capital Statutes
• C Categorical Limits on the Death Penalty
• Part IV Justification And Excuse
• A Introduction
• Chapter 8 Defensive Force, Necessity, and Duress
• B Defensive Force
• C Choice of Evils
• D Duress
• Chapter 9 Mental Illness As a Defense
• A Introduction
• B The M'Naghten Rule and Cognition
• C Cognition and Volition: The Road from M'Naghten and Back
• D Reprise: Reassessing the Insanity Defense
• E 'Quasi-Insanity' Defenses
• F 'Diminished Capacity'
• Chapter 10 Attempt
• A The Punishment for Attempt
• B The Mens Rea for Attempt
• C The Actus Reus of Attempt
• D Impossibility
• Chapter 11 Complicity
• A The Accessorial Act
• B Mens Rea of Complicity
• C Ac and Mens Rea: An Exercise
• D Relations of Parties
• Chapter 12 Conspiracy
• A The Nature of Conspiracy
• B The Agreement
• C The Mens Rea of Conspiracy
• D Special Mens Rea Problems of Conspiracy
• E The Incidents of Conspiracy
• F The Parties to and Objects of Conspiracy
• G The RICO Statute and the Frontier of Conspiracy
• Chapter 13 Criminal Liability of Corporations
• A Respondeat Superior and the Premise of Crporate Liability
• B The MPC and the 'Corporate Mind'
• C Corporate Homicide
• Part V Additional Offenses
• Chapter 14 Theft Offenses
• A Theft
• B Fraud
• C Extortion
• D A Note on Robbery and Burglary
• Chapter 15 Rape
• A Introduction
• B The Requirement of 'Utmost Resistance'
• C 'Reasonable' or 'Earnest' Resistance
• D Forcible Compulsion
• E Nonconsent
• F Lack of Affirmative Expression of Consent
• G Incapacity to Consent
• H Rape by Fraud
• I Rape by Extortion
• J Mens Rea
• K Evidentiary Reforms
• L Martial Rape
• Appendix A A Note on the Model Penal Code
• Appendix B The Model Penal Code
• Table of Cases
• Table of Model Penal Code Sections
• Index