• Cases and Problems in California Criminal Law, 1999
 
 
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Cases and Problems in California Criminal Law, 1999

Cases and Problems in California Criminal Law, 1999

Myron Moskovitz, Professor of Law, Golden Gate University School of Law


Availability: In Stock
Publisher :Anderson Publishing
Format: clothbound; 824 pp. , BOOK

ISBN: 9780870843518

1999
 
$115.00
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    Utilizing the problem method, Cases and Problems in California Criminal Law not only teaches students the principles of California criminal law, but how to apply those principles. Each chapter begins with a real-world criminal law problem to be solved with the cases and statutes that follow. The need to analyze, distinguish, and interrelate various authorities serves to foster a deeper understanding of both substantive California law and the ways in which that law is applied.

    The Teacher's Manual (available only to professors) offers valuable suggestions for focusing class discussion and presenting the important issues raised by the book. It contains detailed analyses of the key elements of the cases and statutes in each chapter and the author's outlined answers to each chapter's problem.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    Preface, xvii

    Table of Cases, xix

    INTRODUCTION, 1

    1. An Overview of the Criminal Process, 1

    2. On Problem Analysis, 5

    PART I MENTAL STATES, IN GENERAL, 17

    Chapter 1: MISTAKE, 21

    Problem 1, 21

    California Penal Code '' 20, 26, 24

    People v. O'Brien, California Supreme Court (1892), 25

    People v. Snyder, California Supreme Court (1982), 27

    PART II PROPERTY CRIMES, 39

    Chapter 2: THEFT, 41

    Problem 2, 44

    California Penal Code '' 484, 486-490a, 503, 509, 511-514, 532, 46

    People v. Salorse, California Supreme Court (1882), 49

    People v. Kunkin, California Supreme Court (1973), 50

    People v. Randono, California Court of Appeal (1973), 56

    People v. Lorenzo, California Superior Court, Appellate Department (1976), 66

    People v. Curtin, California Court of Appeal (1994), 70

    People v. Davis, California Supreme Court (1998), 72

    Chapter 3: ROBBERY, 81

    Problem 3, 81

    California Penal Code '' 211, 212, 212.5, 213, 215, 82

    People v. Butler, California Supreme Court (1967), 84

    People v. Guerin, California Court of Appeal (1972), 87

    People v. Mungia, California Court of Appeal (1991), 90

    People v. Pham, California Court of Appeal (1993), 94

    People v. Jones, California Court of Appeal (1996), 97

    In re Albert A., California Court of Appeal (1996), 101

    A Note on Extortion, 105

    Chapter 4: BURGLARY, 109

    Problem 4, 109

    California Penal Code '' 459, 460, 461, 111

    People v. Gauze, California Supreme Court (1975), 112

    In re Christopher J., California Court of Appeal (1980), 117

    People v. Salemme, California Court of Appeal (1992), 120

    People v. Davis, California Supreme Court (1998), 124

    PART III HOMICIDE, 137

    California Penal Code '' 187-190.5, 191.5-195, 140

    Chapter 5: MURDER AND INVOLUNTARY MANSLAUGHTER 153

    Problem 5, 155

    People v. Rodriguez, California Court of Appeal (1960), 156

    People v. Watson, California Supreme Court (1981), 159

    Sea Horse Ranch, Inc. v. Superior Court, California Court of Appeal (1994), 170

    Chapter 6: FELONY MURDER, 179

    Problem 6, 180

    California Penal Code '' 17, 136.1, 181

    People v. Washington, California Supreme Court (1965), 181

    Taylor v. Superior Court, California Supreme Court (1970), 188

    People v. Salas, California Supreme Court (1972), 194

    People v. Phillips, California Supreme Court (1966), 202

    People v. Burroughs, California Supreme Court (1984), 206

    Chapter 7: FIRST DEGREE MURDER, 229

    Problem 7, 230

    People v. Anderson, California Supreme Court (1968), 232

    People v. Martinez, California Court of Appeal (1987), 243

    People v. Bloom, California Supreme Court (1989), 249

    Chapter 8: VOLUNTARY MANSLAUGHTER, 259

    Problem 8, 260

    People v. Ashland, California Court of Appeal (1912), 261

    People v. Berry, California Supreme Court (1976), 267

    People v. Brooks, California Court of Appeal (1986), 273

    PART IV CAUSATION, 279

    Chapter 9: CAUSATION, 281

    Problem 9, 282

    People v. Roberts, California Supreme Court (1992), 283

    People v. Schmies, California Court of Appeal (1996), 292

    People v. Hansen, California Court of Appeal (1997), 303

    PART V DEFENSES, 309

    Chapter 10: INSANITY, INCOMPETENCE, AND DIMINISHED CAPACITY, 313

    Problem 10, 315

    California Penal Code '' 25, 28, 29, 1026, 1026.1, 1367, 317

    People v. Wolff, California Supreme Court (1964), 320

    People v. Drew, California Supreme Court (1978), 332

    People v. Wetmore, California Supreme Court (1978), 344

    Note re Diminished Capacity, 350

    People v. Skinner, California Supreme Court (1985), 356

    A Note on Intoxication, 368

    Chapter 11: SELF DEFENSE, 371

    Problem 11, 372

    California Penal Code '' 196-199, 373

    People v. Curtis, California Supreme Court (1969), 375

    People v. Clark, California Court of Appeal (1982), 379

    People v. Minifie, California Supreme Court (1996), 383

    People v. Humphrey, California Supreme Court (1996), 395

    Chapter 12: DEFENSE OF HABITATION, PREVENTION OF FELONY, PREVENTION OF ESCAPE, 423

    Problem 12, 424

    People v. Kilvington, California Supreme Court (1894), 426

    People v. Ceballos, California Supreme Court (1974), 429

    People v. Martin, California Court of Appeal (1985), 434

    Chapter 13: NECESSITY AND DURESS, 443

    Problem 13, 444

    California Penal Code _ 26, 445

    United States v. Holmes, U.S. Circuit Court (1842), 446

    The Queen v. Dudley & Stephens, England, Queens Bench Division (1884), 453

    People v. Lovercamp, California Court of Appeal (1974), 458

    People v. Pena, California Superior Court, Appellate Department (1983), 468

    In re Weller, California Court of Appeal (1985), 479

    People v. Garziano, California Court of Appeal (1991), 483

    Chapter 14: ENTRAPMENT, 495

    Problem 14, 496

    People v. Malotte, California Supreme Court (1956), 497

    People v. Barraza, California Supreme Court (1979), 500

    People v. McIntire, California Supreme Court (1979), 511

    People v. Wesley, California Court of Appeal (1990), 518

    PART VI ANTICIPATORY OFFENSES, 529

    Chapter 15: SOLICITATION, 533

    Problem 15, 533

    California Penal Code '' 653f, 450, 451, 534

    Oregon Revised Statutes '' 164.305, 164.315, 164.325, 164.335, 535

    People v. Burt, California Supreme Court (1955), 536

    In re Elizabeth G., California Court of Appeal (1975), 539

    People v. Leffel, California Court of Appeal (1976), 540

    People v. Rubin, California Court of Appeal (1979), 543

    People v. Bottger, California Court of Appeal (1983), 555

    Chapter 16: ATTEMPT, 559

    Problem 16, 560

    California Penal Code '' 663-664, 561

    People v. Miller, California Supreme Court (1935), 562

    People v. Siu, California Court of Appeal (1954), 565

    People v. Rojas, California Supreme Court (1961), 568

    People v. Staples, California Court of Appeal (1970), 571

    People v. Wright, California Court of Appeal (1980), 585

    Chapter 17: CONSPIRACY, 595

    Section A: THE AGREEMENT, 596

    Problem 17A, 597

    California Penal Code '' 182-184, 598

    People v. Superior Court (Quinteros), California Court of

    Appeal (1993), 600

    People v. Austin, California Court of Appeal (1994), 603

    People v. Liu, California Court of Appeal (1996), 608

    Section B: THE INTENT, 617

    Problem 17B, 618

    California Penal Code _ 321, 619

    California Health & Safety Code _ 11352, 619

    People v. Lauria, California Court of Appeal (1967), 620

    United States v. Blankenship, U.S. Court of Appeals (1992), 627

    Section C: SCOPE OF THE CONSPIRACY, 633

    Problem 17C, 635

    McDonald v. United States, U.S. Court of Appeals (1937), 636

    United States v. Bruno, U.S. Court of Appeals (1939), 638

    Krulewitch v. United States, U.S. Supreme Court (1949), 641

    People v. Saling, California Supreme Court (1972), 647

    People v. Superior Court (Shamis), California Court of Appeal (1997), 654

    United States v. Lechuga, U.S. Court of Appeals (1993), 668

    PART VII ACCOMPLICES, 677

    Chapter 18: ACCOMPLICE LIABILITY, 679

    Problem 18, 679

    California Penal Code '' 31-33, 971, 680

    In re Lynette G., California Court of Appeal (1976), 681

    United States v. Ortega, U.S. Court of Appeals (1995), 685

    People v. Prettyman, California Supreme Court (1996), 687

    Mitchell v. Prunty, U.S. Court of Appeals (1997), 705

    PART VIII RAPE, 713

    Chapter 19: RAPE, 715

    Problem 19, 716

    California Penal Code '' 261-264.2, 266c, 719

    California Evidence Code _ 1103, 724

    People v. Barnes, California Supreme Court (1986), 725

    People v. Williams, California Supreme Court (1992), 738

    APPENDIX

    The Model Penal Code (Selected Sections), 755

    INDEX, 795

     

    Myron Moskovitz


    Myron Moskovitz is a Professor of Law at Golden Gate University. In addition, he is an appellate litigator, appellate consultant, and MCLE teacher. He is also a Leading authority on landlord-tenant law and appellate practice. As part of his legal career, he has Clerked for the California Supreme Court, Served as Directing Attorney of California Rural Legal Assistance, Served on the State Bar Committee on Appellate Courts, and as a consultant to the California Judicial Council, and written numerous articles on appellate practice, landlord/tenant law, and criminal law.

     

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