| |
| |
Preface | |
| |
| |
Acknowledgements | |
| |
| |
About the Author | |
| |
| |
| |
The Nature and History of Criminal Law | |
| |
| |
Introduction What is Criminal Law? | |
| |
| |
Types of Crime | |
| |
| |
Types of Law | |
| |
| |
The Purpose of Law Moral Enterprise | |
| |
| |
The Role of Criminal Law | |
| |
| |
The Rule of Law Historical Sources of Todays Law Natural Law Early Codes Common Law The U.S | |
| |
| |
Constitution | |
| |
| |
The Federal System | |
| |
| |
The Model Penal Code Summary Questions for Discussion Legal Resources on the World Wide Web Suggested Readings and Classic Works | |
| |
| |
How to Brief a Case | |
| |
| |
| |
Criminal Liability and the Essence of Crime | |
| |
| |
Introduction | |
| |
| |
The Adversarial System Standards and Proof Criminal Liability | |
| |
| |
The Legal Essence of Criminal Conduct | |
| |
| |
The Criminal Act State of Mind Concurrence Summary Questions of Discussion Legal Resources of the World Wide Web Suggested Readings and Classic Works Capstone Cases | |
| |
| |
| |
Expanding the Concept of Crime | |
| |
| |
Introduction | |
| |
| |
Corpus Delicti Additional Elements of Crime Causation Resulting Harm | |
| |
| |
The Principle of Legality Necessary Attendant Circumstances Summary Questions for Discussion | |
| |
| |
Legal Resources for the World Wide Web Suggested Readings and Classic Works Capstone Cases | |
| |
| |
| |
Extending Criminal Liability: Inchoate Offenses and Parties of Crime | |
| |
| |
Introduction | |
| |
| |
Criminal Attempt | |
| |
| |
The Act Requirement Preparation | |
| |
| |
Defenses Completed Offense Punishment Criminal Conspiracy Doctrine of Complicity Elements of the Crime Plurality | |
| |
| |
Requirement Required Intent Parties of Conspiracy Duration of Conspiracy Criminal | |
| |
| |
Solicitation Parties of Crime | |
| |
| |
Relationship of Complicity | |
| |
| |
Accomplice Liability Accessory | |
| |
| |
The Criminal Liability of Corporations Vicarious Liability | |
| |
| |
Summary Questions for Discussion Legal | |
| |
| |
Resources on the World Wide | |
| |
| |
Web Suggested Readings and Classic Works Capstone Cases | |
| |
| |
| |
Justifications as Defenses | |
| |
| |
Introduction | |
| |
| |
Types of Defenses | |
| |
| |
The Nature of Defense Justification as a Defense | |
| |
| |
Necessity Self-Defense Defense of Others Defense of Home and Property | |
| |
| |
Resisting Unlawful Arrest Consent Summary Questions for Discussion Legal | |
| |
| |
Research on the World Wide Web Suggested Readings and Classic Works Capstone Cases | |
| |
| |
| |
Excuses as Defenses | |
| |
| |
Introduction | |
| |
| |
The Nature of Excuses Categories of Excuses Duress | |
| |
| |
Intoxication Mistake Age Entrapment Syndrome-Based Defense | |
| |
| |
Enhancements Summary Questions for Discussion | |
| |
| |
Legal Resources on the World Wide Web Suggested Readings and Classic Works Capstone Cases | |
| |
| |
| |
The Defense of Insanity | |
| |
| |
Introduction | |
| |
| |
Competency to Stand Trial Purpose of the Insanity Defense | |
| |
| |
The Insanity Defense A Common Misunderstanding What is Insanity? | |
| |
| |
History of the Insanity Defense | |
| |
| |
The MNaughten Rule Knowing Right from Wrong Control Rules | |
| |
| |
The Irresistible Impulse Test | |
| |
| |
The Durham Rule Crime as a Product of Mental Disease | |
| |
| |
The ALI Test Substantial Capacity Guilty by Mentally Ill (GBMI) | |
| |
| |
The Doctrine of Settled Insanity | |
| |
| |
Diminished Capacity How Widely Used is the Insanity Defense? | |
| |
| |
Consequences of an Insanity Finding Abolishing the Insanity Defense | |
| |
| |
Summary Questions for Discussion | |
| |
| |
| |
Legal and Social Dimensions of Personal Crime: Homicide | |