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Criminal Law and Procedure (with CD-ROM and InfoTrac)

by: Scheb, John M.; Scheb, II, John M.

Criminal Law and Procedure (with CD-ROM and InfoTrac)

by: Scheb, John M.; Scheb, II, John M.

ISBN 13:
9780534629250
ISBN 10:
0534629253
Edition: 5th
Format: Hardcover
Copyright: 06/28/2004
Publisher: Cengage Learning
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Summary

This successful and time-tested text differs from most texts offered in the applied legal area in that it is the only one appropriate for a combined course in law and procedure?your one-volume solution! Thetext features a classic organization, and traditional presentation of case law, coupled with coverage of recent trends in law and procedure, and ample student pedagogy. The authors' combined legal and practical experience provides students with first-hand insights into the American legal system. Now 80 pages shorter, and including a FREE Student Companion CD-ROM, this Fifth Edition is more manageable and accessible than ever.

Preface

xiii

PART ONE Legal Foundations of Criminal Justice

(48)

Fundamentals of Criminal Law and Procedure

(23)

Introduction

(1)

What Is a Crime?

(3)

Civil and Criminal Law

(1)

The Origins and Sources of the Criminal Law

(4)

Constitutional Limitations on the Criminal Justice System

(2)

Stages in the Criminal Process

(6)

Criminal Punishment

(5)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Organization of the Criminal Justice System

(24)

Introduction

(1)

Legislatures

(3)

Law Enforcement Agencies

(2)

Prosecutorial Agencies

(2)

Counsel for the Defense

(1)

Juries

(1)

The Courts

(7)

The Juvenile Justice System

(1)

The Corrections System

(6)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(2)

PART TWO The Substantive Criminal Law

(318)

Constitutional Limitations on the Prohibition of Criminal Conduct

(28)

Introduction

(1)

The Power to Enact Criminal Laws

(2)

Delimiting the Crime of Treason

(2)

Bills of Attainder and Ex Post Facto Laws

(2)

The Bill of Rights

(1)

The First Amendment Freedom of Expression

(5)

Freedom of Assembly

(1)

Free Exercise of Religion

(2)

The Right to Keep and Bear Arms

(1)

The Doctrines of Vagueness and Overbreadth

(2)

Freedom from Compulsary Self-Incrimination

(1)

The Prohibition against Cruel and Unusual Punishments

(1)

The Constitutional Right of Privacy

(2)

Equal Protection of the Laws

(1)

Standards of Judicial Review

(1)

The Importance of State Constitutions

(3)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(1)

Elements of Crimes and Parties to Crimes

(16)

Introduction

(1)

The Actus Reus (The Act Requirement)

(3)

The Mens Reo (The Criminal Intent Requirement)

(5)

Strict Liability Offenses

(1)

The Causation Requirement

(1)

Parties to a Crime

(5)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(1)

Inchoate Offenses

(16)

Introduction

(1)

Attempt

(3)

Solicitation

(2)

Conspiracy

100

(10)

Conclusion

107

(1)

Key Terms

108

(1)

Web-Based Research Activity

108

(1)

Questions for Thought and Discussion

108

(1)

Problems for Discussion and Solution

108

(2)

Offenses against Persons

110

(48)

Introduction

111

(1)

Assaultive Offenses

112

(5)

Homicide

117

(13)

Suicide

130

(3)

Rape and Sexual Battery

133

(10)

Abortion

143

(2)

Abusive Offenses

145

(3)

False Imprisonment and Kidnapping

148

(4)

Civil Rights Offenses

152

(2)

Hate Crimes

154

(4)

Conclusion

155

(1)

Key Terms

155

(1)

Web-Based Research Activity

155

(1)

Questions for Thought and Discussion

156

(1)

Problems for Discussion and Solution

156

(2)

Property Crimes

158

(31)

Introduction

159

(1)

The Common-Law Theft Offenses

159

(3)

The Modern Approach to Theft Offenses

162

(4)

Identity Theft

166

(2)

Intellectual Property Offenses

168

(2)

Robbery

170

(4)

Forgery and Uttering a Forged Instrument

174

(3)

Worthless Checks

177

(1)

Access Device Fraud

178

(2)

Habitation Offenses

180

(4)

Malicious Mischief

184

(1)

Extortion

184

(1)

Defenses to Property Crimes

185

(4)

Conclusion

186

(1)

Key Terms

186

(1)

Web-Based Research Activity

187

(1)

Questions for Thought and Discussion

187

(1)

Problems for Discussion and Solution

187

(2)

Offenses against Public Morality

189

(24)

Introduction

190

(2)

Criminal Prohibitions of Consensual Sexual Conduct

192

(5)

Indecent Exposure

197

(2)

Voyeurism

199

(1)

Obscenity and Pornography

200

(6)

Profanity

206

(1)

Gambling

207

(2)

Animal Cruelty

209

(4)

Conclusion

210

(1)

Key Terms

211

(1)

Web-Based Research Activity

211

(1)

Questions for Thought and Discussion

211

(1)

Problems for Discussion and Solution

211

(2)

Alcohol and Drug Offenses

213

(22)

Introduction

214

(1)

Prohibition and Regulation of Alcoholic Beverages

214

(2)

Public Intoxication

216

(1)

Driving under the Influence

216

(2)

Origins of the Prohibition of Drugs

218

(1)

Modern Drug Laws

219

(4)

Prohibition of Drug Paraphernalia

223

(1)

Problems of Drug Enforcement and Prosecution

224

(2)

The War on Drugs

226

(5)

Drug Courts: A New Approach

231

(4)

Conclusion

233

(1)

Key Terms

233

(1)

Web-Based Research Activity

233

(1)

Questions for Thought and Discussion

233

(1)

Problems for Discussion and Solution

234

(1)

White-Collar and Organized Crime

235

(21)

Introduction

236

(1)

Legal Principles Governing White-Collar Crimes

237

(1)

Common Federal White-Collar Crimes

238

(10)

Organized Crime

248

(5)

Defenses in White-Collar and Organized Crime Cases

253

(3)

Conclusion

253

(1)

Key Terms

253

(1)

Web-Based Research Activity

254

(1)

Questions for Thought and Discussion

254

(1)

Problems for Discussion and Solution

254

(2)

Offenses against Public Health and the Environment

256

(26)

Introduction

257

(1)

Public Health Legislation

258

(4)

Planning and Zoning Laws

262

(1)

The Scope of Federal and State Environmental Statutes

263

(9)

Noise Pollution

272

(2)

Antismoking Legislation

274

(1)

Wildlife Protection Laws

275

(7)

Conclusion

279

(1)

Key Terms

280

(1)

Web-Based Research Activity

280

(1)

Questions for Thought and Discussion

280

(1)

Problems for Discussion and Solution

280

(2)

Offenses against Public Order, Safety, and Security

282

(25)

Introduction

283

(1)

Breaches of the Peace

284

(5)

Vagrancy, Loitering, Curfews, and Panhandling

289

(6)

Motor Vehicle Violations

295

(2)

Weapons Offenses

297

(2)

Offenses against National Security

299

(3)

Terrorism and Weapons of Mass Destruction

302

(5)

Conclusion

304

(1)

Key Terms

304

(1)

Web-Based Research Activity

304

(1)

Questions for Thought and Discussion

304

(1)

Problems for Discussion and Solution

305

(2)

Offenses against Justice and Public Administration

307

(20)

Introduction

308

(1)

Bribery

308

(4)

Perjury

312

(3)

Obstruction of Justice

315

(1)

Resisting Arrest

316

(1)

Compounding a Crime

317

(1)

Escape

318

(2)

Contempt

320

(7)

Conclusion

324

(1)

Key Terms

324

(1)

Web-Based Research Activity

324

(1)

Questions for Thought and Discussion

324

(1)

Problems for Discussion and Solution

325

(2)

Criminal Responsibility and Defenses

327

(40)

Introduction

328

(1)

Defenses in General

328

(1)

Defenses Asserting Lack of Capacity to Commit a Crime

329

(7)

Defenses Asserting Excuse or Justification

336

(6)

Defenses Justifying the Use of Force

342

(6)

Defenses Based on Constitutional and Statutory Authority

348

(6)

Defenses Based on Improper Government Conduct

354

(4)

Nontraditional Defenses

358

(9)

Conclusion

361

(1)

Key Terms

362

(1)

Web-Based Research Activity

363

(1)

Questions for Thought and Discussion

363

(1)

Problems for Discussion and Solution

364

(3)

PART THREE Law Enforcement and Criminal Procedure

367

(208)

Search and Seizure

368

(40)

Introduction

369

(1)

Historical Background

369

(3)

When, Where, and to Whom the Fourth Amendment Applies

372

(5)

The Scope of Privacy Protected by the Fourth Amendment

377

(2)

The Warrant Requirement

379

(8)

Exceptions to the Warrant Requirement

387

(6)

Exceptions to the Probable Cause Requirement

393

(3)

Electronic Surveillance

396

(6)

The Exclusionary Rule

402

(6)

Conclusion

405

(1)

Key Terms

406

(1)

Web-Based Research Activity

406

(1)

Questions for Thought and Discussion

406

(1)

Problems for Discussion and Solution

407

(1)

Arrest, Interrogation, and Identification Procedures

408

(28)

Introduction

409

(1)

Arrest

410

(6)

Investigatory Detention

416

(6)

Roadblocks, Sobriety Checkpoints, and Drug Checkpoints

422

(2)

Requests for Information or Identification

424

(1)

Interrogation and Confessions

425

(5)

Identification Procedures

430

(6)

Conclusion

433

(1)

Key Terms

433

(1)

Web-Based Research Activity

434

(1)

Questions for Thought and Discussion

434

(1)

Problems for Discussion and Solution

435

(1)

The Pretrial Process

436

(33)

Introduction

437

(1)

The Right to Counsel

438

(4)

Disposition of Petty Offenses

442

(1)

The Initial Court Appearance

443

(1)

Pretrial Release and Pretrial Detention

444

(2)

The Formal Charging Process

446

(2)

The Grand Jury

448

(3)

Extradition

451

(1)

Jurisdiction and Venue

452

(1)

Joinder and Severance

453

(3)

Pretrial Motions

456

(2)

Arraignment

458

(1)

Plea Bargaining

459

(2)

Availability of Compulsory Process

461

(1)

Pretrial Discovery

461

(4)

The Right to a Speedy Trial

465

(4)

Conclusion

465

(1)

Key Terms

466

(1)

Web-Based Research Activity

466

(1)

Questions for Thought and Discussion

466

(1)

Problems for Discussion and Solution

467

(2)

The Criminal Trial

469

(40)

Introduction

470

(1)

Constitutional Rights Pertaining to the Criminal Trial

470

(4)

Selection of the Jury

474

(5)

Free Press versus Fair Trial

479

(2)

``Order in the Court''

481

(2)

The Rules of Evidence

483

(12)

The Trial Process

495

(14)

Conclusion

505

(1)

Key Terms

506

(1)

Web-Based Research Activity

506

(1)

Questions for Thought and Discussion

506

(1)

Problems for Discussion and Solution

507

(2)

Sentencing and Punishment

509

(40)

Introduction

510

(2)

Contemporary Forms of Criminal Punishment

512

(6)

The Death Penalty

518

(8)

The Sentencing Stage of the Criminal Process

526

(5)

Granting and Revoking Probation

531

(2)

Statutory Approaches to Incarceration

533

(7)

The Rights of Prisoners

540

(4)

The Rights of Crime Victims

544

(5)

Conclusion

545

(1)

Key Terms

546

(1)

Web-Based Research Activity

546

(1)

Questions for Thought and Discussion

546

(1)

Problems for Discussion and Solution

547

(2)

Appeal and Postconviction Relief

549

(26)

Introduction

550

(1)

Appeal of Right

551

(4)

Discretionary Review

555

(1)

The Appellate Process

556

(6)

Postconviction Relief

562

(9)

Nonjudicial Remedies Available to Persons Convicted of Crimes

571

(4)

Conclusion

572

(1)

Key Terms

573

(1)

Web-Based Research Activity

573

(1)

Questions for Thought and Discussion

573

(1)

Problems for Discussion and Solution

574

(1)

Appendix A Access to the Law through Legal Research

575

(17)

The Nature of Legal Research

575

(1)

Primary Legal Sources

575

(9)

Secondary Sources

584

(4)

Legal Research Using the Internet

588

(1)

How to Research a Specific Point of Law

589

(2)

Conclusion

591

(1)

Appendix B The Constitution of the United States of America

592

(14)

Glossary

606

(28)

Case Index

634

(8)

Index

642

Amazon no longer offers textbook rentals. We do!

Criminal Law and Procedure (with CD-ROM and InfoTrac)

Criminal Law and Procedure (with CD-ROM and InfoTrac)

9780534629250

0534629253

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Criminal Law and Procedure (with CD-ROM and InfoTrac)

Criminal Law and Procedure (with CD-ROM and InfoTrac)

9780534629250

0534629253

Summary

Table of Contents

Supplemental Materials

Write a Review

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