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Criminal Law

by: Gardner, Thomas J.; Anderson, Terry M.

Criminal Law

by: Gardner, Thomas J.; Anderson, Terry M.

ISBN 13:
9780534624569
ISBN 10:
0534624561
Edition: 9th
Format: Hardcover
Copyright: 05/31/2005
Publisher: Thomson-Wadsworth
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Summary

Part I: BASIC CONCEPTS OF CRIMINAL LAW. 1. Criminal Law Generally. 2. Purposes, Scope, and Sources of Criminal Law. 3. Essential Elements of a Crime. 4. Criminal Liability. 5. Criminal Responsibility and the Capacity to Commit a Crime. 6. The Law Governing the Use of Force. 7. Other Criminal Defenses. 8. Criminal Punishment. 9. Jurisdiction. Part II: THE BALANCING OF CONSTITUTIONAL RIGHTS WITH THE NEED FOR PUBLIC ORDER. 10. Guaranteed Freedoms and Public Order. Part III: CRIMES AGAINST THE PERSON. 11. Homicide. 12. Assault, Battery, and Other Crimes Against the Person. Part IV: CRIMES AGAINST PROPERTY. 13. Theft, Robbery, and Burglary. 14. Shoplifting, Cyber Crimes and Other Commercial Crimes. 15. Fraud and Other Property Crimes. Part V: SEX CRIMES. 16. Rape and Related Sex Crimes. 17. Prostitution, Related Offenses, and AIDS. Part VI: OTHER CRIMINAL CONDUCT. 18. Drug Abuse and Alcohol-Related Crimes. 19. Terrorism. 20. Organized Crime and Gangs. 21. Contempt, Crimes by Public Officials, and Crimes Against Government. Appendix A: Applicable Sections of the U.S. Constitution. Appendix B: Glossary of Legal Terms. Table of Cases. Index.

Preface

xix

PART ONE Basic Concepts of Criminal Law

Criminal Law Generally

(19)

Criminal Law in a Democracy

(1)

The Law as the Will of the People Within a Democracy

(1)

Criminal Law and Related Fields of Law

(4)

Public and Private Law

(1)

Criminal Procedure

(1)

Substantive Criminal Law

(1)

Legal Wrongs

(1)

Distinction Between a Crime and a Tort

(1)

Criminal Law and Moral Law

(2)

The Principle of ``No Punishment Without a Law for It''

(1)

Classifications of Crimes

(3)

Felony and Misdemeanor

(3)

General Constitutional Limitations on Criminal Laws

(5)

States' Power to Enact Criminal Laws

(1)

Ex Post Facto Laws

(1)

Bill of Attainder

(1)

Due Process and the Void-for-Vagueness Doctrine

(1)

Overbreadth

(1)

``Status'' Crimes

(2)

Equal Protection of the Laws

(1)

Summary

(1)

Questions and Problems

(1)

Notes

(2)

Purposes, Scope, and Sources of Criminal Law

(13)

Goals and Purposes of Criminal Law

(2)

Background of the U.S. Criminal Justice System

(1)

Goals and Purposes

(1)

The Permissible Scope of Criminal Laws in the United States

(2)

The Use of the Police Power to Maintain Public Order

(1)

Limitations on the Police Power of a State to Regulate Conduct

(1)

Sources of Criminal Law

(6)

Common Law Crimes

(3)

Statutory Crimes

(1)

Administrative Crimes

(2)

Summary

(1)

Questions and Problems

(1)

Notes

(1)

Essential Elements of a Crime

(25)

Crimes Requiring Proof of Mental Fault

(8)

Simultaneous Occurrence of the Forbidden Act and the Mental Element

(1)

Actus Reus: The Forbidden Act or Omission

(1)

Actus Reus for Different Elements of Parties to a Crime

(1)

Mens Rea: The Guilty Mind

(1)

Proving Criminal Intent or Criminal State of Mind

(1)

The Requirement of Scienter

(2)

The Motive for Committing a Crime

(1)

Strict Liability Crimes

(3)

Strict Liability Laws That Seek to Protect Children

(1)

Proximate Cause or Causation

(4)

Unintended Harm Resulting From a Misdemeanor or Other Minor Offense

(1)

When the Illegal Act Would Not Support a Manslaughter Conviction

(2)

The Ancient ``Year-and-a-Day'' Murder Rule

(1)

Possession Alone as a Crime

(1)

The Possession of Illegal Contraband Inference

(1)

The Use of Presumptions and Inferences in Criminal Law

(5)

Functions of Presumptions

(1)

Inferences Distinguished from Presumptions

(1)

The Presumption That All Persons Are Sane, Normal, and Competent

(2)

Summary

(1)

Questions and Problems

(1)

Notes

(2)

Criminal Liability

(25)

Preliminary, Anticipatory, or Inchoate Crimes

(10)

When Is a Crime Committed?

(1)

Solicitation or Incitement to Commit a Crime?

(2)

Conspiracy to Commit a Crime

(4)

The Crime of Attempt

(1)

Impossibility in Attempt Cases

(3)

Parties to the Principal Crime

(5)

Under the Common Law

(1)

Criminal Liability in the United States Today

(1)

Theories of Criminal Liability

(3)

Liability for Crimes Other Than the Planned and Intended Offense

(1)

Post-Crime Offenses

(3)

When Material Witnesses Can Be Criminally Liable

(1)

Summary

(1)

Questions and Problems

(1)

Notes

(4)

Criminal Responsibility and the Capacity to Commit a Crime

(20)

Ancient Concepts of Criminal Responsibility

(1)

Infancy and Criminal Responsibility

(1)

The Liability of Children Under State Statutes

(1)

The Insanity Defense

(1)

Insanity at the Time of the Criminal Incident

(1)

Tests Used to Determine Insanity

(5)

The M'Naghten Case and the ``Right and Wrong'' Test

(1)

Other Tests in the United States

(1)

The Model Penal Code Substantial Capacity Test

(2)

States That Have Abolished the Insanity Defense

(1)

The Plea and Verdict of ``Guilty But Mentally Ill''

(1)

Mental Conditions That Do Not Satisfy the Insanity Defense

(1)

The Defense of Diminished Capacity

(2)

The Requirement of Competency to Stand Trial

(2)

Can Amnesia Be the Grounds for a Finding of Incompetency?

(1)

Faking Insanity or Incompetency

(1)

The Criminal Liability of Corporations

(2)

Summary

(1)

Questions and Problems

(1)

Notes

(4)

The Law Governing the Use of Force

103

(22)

Self-Defense and the Defense of Others

104

(6)

Less Than Deadly Force in Self-Protection

104

(1)

Coming to the Aid of Another

105

(1)

The Use of Deadly Force in Self-Defense or the Defense of Others

106

(1)

Loss of Self-Defense Privilege for a Wrongdoer or an Aggressor

106

(1)

The Castle Doctrine and the Duty to Retreat as an Exception to the Castle Doctrine

106

(2)

Battered Women and Domestic Homicides

108

(2)

The Use of Force in the Defense of Property

110

(2)

Less Than Deadly Force in the Defense of Property

110

(1)

Deadly Force in the Defense of Property

110

(1)

The Use of Booby Traps to Protect Property

110

(2)

The Use of Force in Making an Arrest

112

(6)

Less Than Deadly Force in Making an Arrest

112

(1)

Using Reasonable Force to Obtain Evidence of Drunk or Drugged Driving

113

(1)

Standards for the Use of Deadly Force Established by the U.S. Supreme Court

114

(1)

Definition of an Unreasonable Seizure Today

115

(1)

Use of Force in Resisting an Unlawful Arrest

116

(1)

Cases in Which Force Was Not Legally Justified

116

(2)

Disciplining Children

118

(4)

Use of Force by Parents

118

(1)

Others Who May Discipline Children

119

(3)

Summary

122

(1)

Questions and Problems

122

(1)

Notes

123

(2)

Other Criminal Defenses

125

(34)

Affirmative Defenses

126

(1)

Immunity as a Defense

126

(2)

Diplomatic Immunity

126

(1)

Legislative Immunity

127

(1)

Witness Immunity

127

(1)

Mistake or Ignorance of Fact or Law as a Defense

128

(3)

Mistake or Ignorance of Fact

128

(1)

Strict Liability Crimes and the Defense of Mistake

129

(1)

Mistake or Ignorance of Criminal Law

130

(1)

Intoxication or Drugged Condition as a Defense

131

(1)

Involuntary Intoxication or Drugged Condition

131

(1)

Duress, Coercion, or Compulsion as a Defense

132

(1)

Duress or Coercion as Justification to Escape from Prison

132

(1)

The Defense of Duress in a Charge of Murder

133

(1)

The Crime of Coercion

133

(1)

Necessity or Choice of Evils Defense

133

(1)

Can One Kill to Save Oneself?

134

(2)

Other Uses of the Defense of Necessity

135

(1)

Alibi as a Criminal Defense

136

(1)

Alibi Notice Statutes

136

(1)

Determining the Validity of Alibi Defenses

136

(1)

The Defense That the Defendant Was Acting Under the Authority, Direction, or Advice of Another

137

(1)

The Defense of ``I Acted on the Orders of My Boss''

137

(1)

The Defense of Double Jeopardy

138

(7)

The Times When Jeopardy Attaches

138

(1)

Prosecution by Both State and Federal Governments

138

(3)

The Meaning of Separate Offense

141

(1)

Other Times When the Defense of Double Jeopardy Could Not Be Used Successfully

141

(1)

Res Judicata and Collateral Estoppel as Part of the Double Jeopardy Guarantee

142

(3)

Entrapment, Frame-Up, and Outrageous Government Conduct as Defenses

145

(6)

Entrapment

145

(2)

Frame-Up as Distinguished from Entrapment

147

(2)

Outrageous Government Conduct

149

(2)

The Right to a Speedy Trial as a Defense

151

(2)

Cases in Which No Speedy Trial Violation Occurred

152

(1)

The Statute of Limitations as a Defense

153

(1)

Summary

154

(1)

Questions and Problems

155

(1)

Notes

156

(3)

Criminal Punishment

159

(22)

Punishments Used in Early England

160

(2)

Practices Used in England to Avoid Severe Penalties

160

(1)

Punishment Used in Early America

161

(1)

The Constitutional Limitation on Punishment

162

(3)

The Proportionality Test for Determining Appropriate Punishment

162

(3)

Corporal Punishment

165

(2)

Corporal Punishment as Criminal Punishment

165

(1)

The Use of Corporal Punishment in Schools

165

(1)

The Use of Corporal Punishment in Prisons

166

(1)

Capital Punishment

167

(4)

Death Penalty Laws After Furman v. Georgia in 1972

167

(4)

Imprisonment as Punishment

171

(1)

Can Indigents Be Held in Jail to Work Off Their Money Fines?

171

(1)

Fines as Punishment

171

(1)

Forfeiture as Punishment

172

(1)

Career Criminals and the Repeat Offender

173

(4)

Three Strikes Laws

174

(3)

Summary

177

(1)

Questions and Problems

178

(1)

Notes

179

(2)

Jurisdiction

181

(22)

Jurisdiction to Create Criminal Laws

182

(1)

Jurisdiction over the Offense and the Person Charged

182

(3)

Jurisdiction over the Offense Charged

182

(2)

Jurisdiction over the Person Charged with a Crime

184

(1)

``Long-Arm'' Statutes

185

(1)

Nation-to-Nation Jurisdiction

186

(2)

The Law of the Seas: Territorial Waters

187

(1)

International Criminal Law

188

(1)

Criminal Jurisdiction of the Federal Government

188

(2)

Federal Enclaves and the Assimilative Crimes Act

189

(1)

Indian Tribes Within the United States

190

(2)

Self-Government by Indian Tribes

191

(1)

The Military, Martial, and War Powers Jurisdiction of the Federal Government

192

(6)

Jurisdiction of Military Courts

192

(3)

When U.S. Citizens or Military Are in a Foreign Country

195

(1)

Martial Law and the Use of Military Forces in the Continental United States

195

(3)

Summary

198

(1)

Questions and Problems

199

(1)

Notes

199

(4)

PART TWO Free Speech and Public Order

Speech and Conduct That Is Not Protected by the First Amendment

203

(44)

Belief-Speech-Action

204

(2)

When Speech May Be Regulated

204

(2)

The Clear and Present Danger Test

206

(1)

Fighting Words

206

(2)

When Does Vulgar, Insulting Language to a Police Officer Constitute Fighting Words?

208

(1)

Obscene Communications

209

(2)

Inciting and Urging Unlawful Acts

211

(1)

Defamation: Libel and Slander

211

(1)

Symbolic Speech and the First Amendment

212

(1)

Flag Burning and Cross Burning as Symbolic Speech

212

(1)

Threats of Violence as Crimes

213

(1)

Using the U.S. Mail, Telephones, or E-Mail to Threaten Another Person

214

(1)

Loud Noise or Nuisance Speech

215

(1)

Regulating the Use of Public and Private Places

215

(3)

Picketing, Demonstrations, and Parades

218

(4)

Picketing

219

(1)

Parades and Demonstrations

219

(3)

Obstruction of the Law Enforcement Process

222

(1)

The Crimes of Unlawful Assembly and Rioting

223

(1)

Public Order in Business Places

224

(1)

Disruption of Public or Private Meetings

225

(1)

Public Nuisances as Civil or Criminal Offenses

226

(1)

Handbills and Door-to-Door Canvassing as Forms of Communication

227

(1)

Handbills

227

(1)

Door-to-Door Canvassing

227

(1)

The Crime of Stalking

228

(1)

Other Public Order Aspects of U.S. Streets

228

(4)

The Homeless on U.S. Streets

228

(1)

Panhandling or Begging

229

(1)

Urinating in a Public Place

230

(1)

Compulsory School Attendance Laws and Truancy

231

(1)

Curfews

231

(1)

The Second Amendment

232

(5)

The Second Amendment Today

232

(1)

The Political Battle as to Gun Control Laws in the United States

233

(1)

Federal Laws Regulating Firearms

234

(1)

The Crime of Carrying a Concealed Weapon

235

(2)

Endangering Public Safety by Failure to Properly Store Loaded Firearms

237

(1)

The Free Exercise of Religion

237

(2)

The Right to Believe or Not to Believe

237

(2)

Cults, Sects, and Nontraditional Churches in the United States

239

(1)

The Right of Privacy

239

(2)

The Use and Distribution of Contraceptives

239

(1)

The Abortion Question

240

(1)

Summary

241

(1)

Questions and Problems

241

(1)

Notes

242

(5)

PART THREE Crimes Against the Person

Homicide

247

(26)

Homicide in General

248

(1)

The Corpus Delicti Requirement

248

(4)

Proving Corpus Delicti in ``No Body'' Cases

249

(1)

Body Without Proof of the Cause of Death Cases

250

(1)

The Common Law ``Born Alive'' Requirement and the Crime of Feticide (Fetal Murder)

251

(1)

Proof That the Victim Was Alive at the Time of the Defendant's Unlawful Act

252

(2)

When Is a Person Legally Dead?

253

(1)

The Causation Requirement

254

(1)

Causation and Proximate Cause

254

(1)

The Year-and-a-Day Rule

255

(1)

Murder

255

(4)

Intent-to-Kill Murder

256

(1)

The Deadly Weapon Doctrine

256

(1)

Transferred Intent

256

(2)

Intent-to-Do-Serious-Bodily-Harm Murder

258

(1)

Depraved-Mind or Depraved-Heart Murder

258

(1)

Felony Murder

259

(2)

Manslaughter

261

(6)

Definition

261

(1)

Voluntary Manslaughter

261

(1)

Heat of Passion Manslaughter

262

(3)

Imperfect or Unlawful Force in Self-Defense Charged as Manslaughter

265

(1)

Involuntary Manslaughter

266

(1)

Suicide, Assisting Suicide, and Euthanasia

267

(2)

Murder, Assisted Suicide, or Neither?

267

(1)

The Oregon ``Death with Dignity'' Law

268

(1)

Summary

269

(1)

Questions and Problems

269

(1)

Notes

270

(3)

Assault, Battery, and Other Crimes Against the Person

273

(26)

The Crime of Assault

274

(2)

Assault Under the Present Federal Criminal Code

275

(1)

Assault with a Deadly or Dangerous Weapon

275

(1)

The Crime of Armed Violence

276

(1)

Battery

276

(4)

Offensive Touching Under Sexual Assault and Sexual Battery Statutes

277

(1)

The Crime of Genital Mutilation

277

(1)

Sports Injuries When Force Exceeds the Rules of the Game

277

(1)

Other Physical Contact Without Consent

278

(1)

Menacing, Intentional Scaring, and Jostling

278

(2)

Felonious and Aggravated Assaults and Batteries

280

(2)

Mayhem and Malicious Disfigurement

280

(1)

Mental Culpability Increasing the Degree of the Crime

280

(2)

Child Abuse and Neglect

282

(2)

Offenses Against the Liberty of a Person

284

(5)

Kidnapping

284

(2)

Hostage Taking

286

(1)

False Imprisonment

287

(1)

Parental Kidnapping or Child Snatching

287

(2)

The Missing Children's Assistance Act

289

(1)

Family Violence and Disturbances

289

(4)

Domestic Violence and Women

291

(1)

Abuse of the Elderly

292

(1)

The Crime of Violation of a Court Order (or Court Injunction)

292

(1)

Violence in the Workplace

293

(1)

Road Rage: Violent Aggressive Driving

294

(1)

Summary

294

(1)

Questions and Problems

295

(1)

Notes

295

(4)

PART FOUR Crimes Against Property

Theft, Robbery, and Burglary

299

(30)

General Property Concepts

300

(1)

Larceny or Theft

301

(8)

The Taking

302

(2)

Defining What Property Can Be Stolen

304

(3)

Property of Another

307

(1)

Intent to Steal

308

(1)

Robbery

309

(8)

Changes in Bank Robbery

311

(1)

Distinguishing Robbery from Theft or Larceny

312

(1)

Where State Courts Differ on What Constitutes Robbery

312

(1)

Carjacking: A New Name for an Old Crime

313

(1)

Home Invasion Robberies

314

(1)

Purse Snatching, Pickpocketing, and Other Thefts from a Person

314

(1)

Theft of Services

315

(1)

Distinguishing Robbery from Extortion

315

(1)

Extortion by Intimidation

316

(1)

The Crime of Bribery

317

(1)

Burglary

317

(7)

Breaking

318

(1)

Unlawful Entry into Premises

319

(1)

The Dwelling House of Another

320

(1)

Nighttime

320

(1)

Intent to Commit a Felony

320

(2)

Proof of Burglary When Other Crimes Are Committed

322

(2)

Summary

324

(1)

Questions and Problems

324

(1)

Notes

325

(4)

Shoplifting, Cyber Crimes, and Other Commercial Crimes

329

(18)

Shoplifting

330

(6)

Taking and Carrying Away in Shoplifting

330

(1)

Proving the Crime of Shoplifting When the Suspect Has Not Left the Store

331

(1)

The Requirement of Probable Cause Based on Personal Knowledge

331

(3)

Criminal or Civil Prosecution of Shoplifters?

334

(1)

Other Retail Theft Crimes

335

(1)

Fraudulent Use of Credit Cards

336

(1)

Obtaining Credit Cards and Bank Cards for Fraudulent Use

336

(1)

Criminal Use of Bank Cards and Credit Cards

336

(1)

Check Violations

337

(4)

Worthless Checks, or Checks That Bounce

337

(1)

The Crime of Uttering

337

(1)

The Crime of Forgery

338

(1)

Operations of Check-Forging Rings

339

(1)

Passing Forged Checks and Other Counterfeit Securities in Interstate Commerce

339

(1)

Check Kiting

340

(1)

Other Crimes Affecting Computers and the Internet

341

(2)

Computers as Crime Tools

342

(1)

Summary

343

(1)

Questions and Problems

344

(1)

Notes

345

(2)

Fraud and Other Property Crimes

347

(19)

Fraud and Fraudulent Practices

348

(5)

Fraud and Corruption in Government

348

(1)

Consumer Fraud

349

(1)

Fraudulent Insurance Claims

350

(1)

The Con Game as a Form of Fraud

350

(1)

Pyramid Schemes

350

(1)

Stock Market and Financial Market Frauds

351

(1)

Internet Securities Fraud

351

(1)

Charging Fraud Under the Federal Criminal Code

352

(1)

The Rapidly Growing Crime of Identity Theft

353

(1)

Counterfeiting of Money and Commercial Products

353

(2)

Counterfeiting of Currency

353

(2)

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Criminal Law

Criminal Law

9780534624569

0534624561

Summary

Table of Contents

Supplemental Materials

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Criminal Law

Criminal Law

9780534624569

0534624561

Summary

Table of Contents

Supplemental Materials

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