• Crimes and Punishment: Cases, Materials, and Readings in Criminal Law, Fourth Edition, 2004
 
 
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Crimes and Punishment: Cases, Materials, and Readings in Criminal Law, Fourth Edition, 2004

Crimes and Punishment: Cases, Materials, and Readings in Criminal Law, Fourth Edition, 2004

Martin R. Gardner, Steinhart Foundation Professor of Law, University of Nebraska College of Law; Richard G. Singer, Distinguished Professor of Law, Rutgers, The State University of New Jersey School of Law, Camden


Availability: In Stock
Publisher :Matthew Bender
Format: BOOK

ISBN: 9780820562063

2004
 
$174.00
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    This unique casebook examines the underlying principles of criminal law - punishment, actus reus, and mens rea. It reflects the authors' viewpoint that the purpose of criminal law is to reflect the moral standards of our society and to punish those who, with culpability and awareness, violate these moral norms. Not a study of particular crimes per se, the materials do focus on several crimes whose characteristics illuminate these basic foundations and principles of criminal law.

    The law of homicide is examined to exemplify the problem of grading offenses for purposes of imposing punishment, sometimes the ultimate penalty of death for certain homicides. The crime of rape is investigated for essentially two reasons:

  • to illustrate the role historical social stereotypes (in this case, sexual ones) play in the law and to examine the problems created in redefining legal doctrine when those stereotypes are seriously challenged; and
  • as a vehicle for examining special actus reus and mens rea issues arising through the presence of the factor of consent in the law of rape.
    • Finally, the materials present several inchoate crimes in order to explore the role of harm within the criminal law and to provide a vehicle for studying differentiated mens rea elements for various actus reus elements of a given offense.

    The book concludes with a look at accomplice liability and an examination of theories of defense. The defense doctrines present a final opportunity to consider the actus reus and mens rea principles as they relate to the issue of appropriate employment of the punitive sanction.

    A Teacher's Manual is available to professors.

    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.

    CHAPTER 1 A SHORT SKETCH OF THE CRIMINAL JUSTICE SYSTEM .... 1
    1.01 An Overview .... 1
    1.02 The Uniqueness of the Criminal Process - the Players on the Scene .... 5

    CHAPTER 2 PUNISHMENT .... 37
    2.01 Introduction .... 37
    2.02 The Concept of Punishment .... 39
    2.03 The Justification of Punishment .... 159
    2.04 Sentencing and Proportionality .... 214
    2.05 Nulla Poena Sine Lege: Legality Principle .... 250
    2.06 What Conduct Should be Punished? .... 279

    CHAPTER 3 THE REQUIREMENT OF AN ACT .... 333
    3.01 "Acts" .... 333
    3.02 Knowing Failure to Act .... 355
    3.03 Omissions .... 359
    3.04 Causation .... 365

    CHAPTER 4 THE IMPORTANCE OF MENS REA .... 377
    4.01 Introduction .... 377
    4.02 The Development of the Common Law Requirement of Mens Rea .... 379
    4.03 The Notion(s) of Mens Rea .... 382
    4.04 The Interpretation of Mens Rea Words in Criminal Statutes .... 408
    4.05 The Impact of the Model Penal Code .... 420
    4.06 The Impact of Mistake .... 426
    4.07 "Strict" Criminal Liability .... 468
    4.08 The Future of Mens Rea .... 511

    CHAPTER 5 HOMICIDE .... 517
    5.01 Introduction .... 517
    5.02 The Actus Reus: Causing the Death of a Person .... 518
    5.03 The Mens Rea .... 541
    5.04 The Death Penalty .... 668

    CHAPTER 6 RAPE .... 699
    6.01 Introduction .... 699
    6.02 The Actus Reus .... 705
    6.03 The Mens Rea .... 730
    6.04 Evidentiary Considerations .... 754
    6.05 Grading .... 759

    CHAPTER 7 INCHOATE CRIMES .... 763
    7.01 Introduction .... 763
    7.02 Attempt .... 764
    7.03 Conspiracy .... 818

    CHAPTER 8 COMPLICITY .... 889
    8.01 Accomplice Liability .... 889
    8.02 The Conspiracy-Complicity Doctrine .... 922
    8.03 Vicarious Liability .... 929

    CHAPTER 9 DEFENSES .... 957
    9.01 The Postulate of Free Will .... 957
    9.02 Classifying Defenses .... 964
    9.03 Justification Versus Excuse .... 973
    9.04 The Procedural Implications of Classifying Defenses .... 977
    9.05 Specific Defenses .... 1029

    Appendix - Model Penal Code .... App. 1

    Table of Cases .... TOC-1
    Table of Statutes .... TS-1
    Table of Model Penal Code .... MPC-1
    Index .... I-1

     

     

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