| |
| |
| Preface to the Fourth Edition | |
| |
| |
| Preface to First Edition | |
| |
| |
| Acknowledgments | |
| |
| |
| Table of Cases | |
| |
| |
| Table of Model Penal Code Sections | |
| |
| |
| Table of Authorities | |
| |
| |
| Introduction: Setting the Stage | |
| |
| |
| Nature, Sources, and Limits of the Criminal Law | |
| |
| |
| Henry M. Hart, Jr.-The Aims of the Criminal Law | |
| |
| |
| Notes and Questions | |
| |
| |
| Criminal Law in a Procedural Context: Pre-Trial | |
| |
| |
| Criminal Law in a Procedural Context: Trial by Jury | |
| |
| |
| Proof of Guilt at Trial | |
| |
| |
| "Proof Beyond a Reasonable Doubt" | |
| |
| |
| Notes and Questions | |
| |
| |
| Enforcing the Presumption of Innocence | |
| |
| |
| Owens V. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Jury Nullification | |
| |
| |
| Introductory Comment | |
| |
| |
| State V. Ragland | |
| |
| |
| Notes and Questions | |
| |
| |
| Principles of Punishment | |
| |
| |
| Introduction: Initial Thoughts and Hard Statistics | |
| |
| |
| Theories of Punishment | |
| |
| |
| In General | |
| |
| |
| Kent Greenawalt-Punishment | |
| |
| |
| Notes and Questions | |
| |
| |
| Utilitarian Justifications | |
| |
| |
| Jeremy Bentham-An Introduction to the Principles of Morals and Legislation | |
| |
| |
| Kent Greenawalt-Punishment | |
| |
| |
| Notes and Questions | |
| |
| |
| Retributive Justifications | |
| |
| |
| Michael S. Moore-The Moral Worth of Retribution | |
| |
| |
| Notes and Questions | |
| |
| |
| Immanuel Kant-The Philosophy of Law | |
| |
| |
| Notes and Questions | |
| |
| |
| 2 James Fitzjames Stephen-A History of the Criminal Law of England | |
| |
| |
| Notes and Questions | |
| |
| |
| Theories of Punishment-Continued | |
| |
| |
| Herbert Morris-Persons and Punishment | |
| |
| |
| Notes and Questions | |
| |
| |
| Jeffrie G. Murphy & Jean Hampton-Forgiveness and Mercy | |
| |
| |
| Notes and Questions | |
| |
| |
| The Penal Theories in Action | |
| |
| |
| Who Should Be Punished? | |
| |
| |
| The Queen v. Dudley and Stephens | |
| |
| |
| Notes and Questions | |
| |
| |
| How Much (and What) Punishment Should Be Imposed? | |
| |
| |
| People v. Superior Court (Du) | |
| |
| |
| People v. Du | |
| |
| |
| Notes and Questions | |
| |
| |
| United States v. Gementera | |
| |
| |
| Notes and Questions | |
| |
| |
| Proportionality of Punishment | |
| |
| |
| General Principles | |
| |
| |
| Immanuel Kant-The Philosophy of Law | |
| |
| |
| Jeremy Bentham-An Introduction to the Principles of Morals and Legislation | |
| |
| |
| Notes and Questions | |
| |
| |
| Constitutional Principles | |
| |
| |
| Coker V. Georgia | |
| |
| |
| Notes and Questions | |
| |
| |
| Ewing v. California | |
| |
| |
| Notes and Questions | |
| |
| |
| Modern Role of Criminal Statutes | |
| |
| |
| Principle of Legality | |
| |
| |
| The Requirement of Previously Defined Conduct | |
| |
| |
| Commonwealth v. Mochan | |
| |
| |
| Notes and Questions | |
| |
| |
| Keeler v. Superior Court | |
| |
| |
| Notes and Questions | |
| |
| |
| The Values of Statutory Clarity | |
| |
| |
| In re Banks | |
| |
| |
| Notes and Questions | |
| |
| |
| City of Chicago v. Morales | |
| |
| |
| Notes and Questions | |
| |
| |
| Statutory Interpretation | |
| |
| |
| United States v. Foster | |
| |
| |
| Notes and Questions | |
| |
| |
| Actus Reus | |
| |
| |
| Introductory Comment: Defining "Actus Reus" | |
| |
| |
| Voluntary Act | |
| |
| |
| Martin v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Utter | |
| |
| |
| Notes and Questions | |
| |
| |
| Omissions ("Negative Acts") | |
| |
| |
| General Principles | |
| |
| |
| People V. Beardsley | |
| |
| |
| Notes and Questions | |
| |
| |
| Distinguishing Acts From Omissions | |
| |
| |
| Omissions ("Negative Acts")-Continued | |
| |
| |
| Barber v. Superior Court | |
| |
| |
| Notes and Questions | |
| |
| |
| Social Harm | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea | |
| |
| |
| Nature of "Mens Rea" | |
| |
| |
| United States v. Cordoba-Hincapie | |
| |
| |
| Notes and Questions | |
| |
| |
| Regina v. Cunningham | |
| |
| |
| Notes and Questions | |
| |
| |
| General Issues in Proving Culpability | |
| |
| |
| "Intent" | |
| |
| |
| People V. Conley | |
| |
| |
| Notes and Questions | |
| |
| |
| The Model Penal Code Approach | |
| |
| |
| Introductory Comment | |
| |
| |
| American Law Institute, Model Penal Code And Commentaries, Comment To [section] 2.02 | |
| |
| |
| Notes and Questions | |
| |
| |
| "Knowledge" of Attendant Circumstances (The "Wilful Blindness" Problem) | |
| |
| |
| State v. Nations | |
| |
| |
| Notes and Questions | |
| |
| |
| Problems in Statutory Interpretation | |
| |
| |
| United States v. Morris | |
| |
| |
| Notes and Questions | |
| |
| |
| Strict Liability Offenses | |
| |
| |
| United States v. Cordoba-Hincapie | |
| |
| |
| Notes and Questions | |
| |
| |
| Staples v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Garnett v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Mistake and Mens Rea | |
| |
| |
| Mistake of Fact | |
| |
| |
| People v. Navarro | |
| |
| |
| Notes and Questions | |
| |
| |
| Mistake (or Ignorance) of Law | |
| |
| |
| People v. Marrero | |
| |
| |
| Notes and Questions | |
| |
| |
| Cheek v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Causation | |
| |
| |
| Actual Cause (Cause-in-Fact) | |
| |
| |
| Velazquez v. State | |
| |
| |
| Oxendine v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Proximate Cause ("Legal" Cause) | |
| |
| |
| Introductory Comment | |
| |
| |
| Kibbe v. Henderson | |
| |
| |
| Notes and Questions | |
| |
| |
| Proximate Cause ("Legal" Cause)-Continued | |
| |
| |
| Velazquez v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Concurrence of the Elements | |
| |
| |
| State v. Rose | |
| |
| |
| Notes and Questions | |
| |
| |
| Criminal Homicide | |
| |
| |
| Overview | |
| |
| |
| Homicide Statistics | |
| |
| |
| Common Law Origins and Statutory Reform | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.3 | |
| |
| |
| Variations on the Theme: Some Homicide Statutes | |
| |
| |
| California Penal Code | |
| |
| |
| Illinois Criminal Code | |
| |
| |
| Michigan Penal Code | |
| |
| |
| New York Penal Law | |
| |
| |
| Pennsylvania Consolidated Statutes | |
| |
| |
| Notes and Questions | |
| |
| |
| The Protected Interest: "Human Being" | |
| |
| |
| People v. Eulo | |
| |
| |
| Notes and Questions | |
| |
| |
| Intentional Killings | |
| |
| |
| Degrees of Murder: The Deliberation-Premeditation Formula | |
| |
| |
| State V. Guthrie | |
| |
| |
| Notes and Questions | |
| |
| |
| Midgett v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Forrest | |
| |
| |
| Notes and Questions | |
| |
| |
| Manslaughter: "Heat of Passion" Killings | |
| |
| |
| Common Law Principles | |
| |
| |
| Girouard v. State | |
| |
| |
| Notes and Comments | |
| |
| |
| Joshua Dressler-Rethinking Heat of Passion: A Defense in Search of a Rationale | |
| |
| |
| Joshua Dressler-Why Keep the Provocation Defense?: Some Reflections on a Difficult Subject | |
| |
| |
| Notes and Questions | |
| |
| |
| The Objective Standard: Who Is the "Reasonable Man"? | |
| |
| |
| Introductory Comment | |
| |
| |
| Attorney General for Jersey v. Holley | |
| |
| |
| Notes and Questions | |
| |
| |
| Model Penal Code and Beyond | |
| |
| |
| People v. Casassa | |
| |
| |
| Notes and Questions | |
| |
| |
| Murder Versus Manslaughter: A Literary Problem | |
| |
| |
| Willa Cather-O Pioneers | |
| |
| |
| Notes and Questions | |
| |
| |
| Unintentional Killings: Unjustified Risk-Taking | |
| |
| |
| Introduction: A Road Map | |
| |
| |
| Unintentional Killings: Unjustified Risk-Taking-Continued | |
| |
| |
| Berry v. Superior Court | |
| |
| |
| People v. Nieto Benitez | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Hernandez | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Williams | |
| |
| |
| Notes and Questions | |
| |
| |
| Unintentional Killings: Unlawful Conduct | |
| |
| |
| The Felony-Murder Rule | |
| |
| |
| The Doctrine in Its Unlimited Form | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 | |
| |
| |
| People v. Fuller | |
| |
| |
| Notes and Questions | |
| |
| |
| The Policy Debate | |
| |
| |
| Nelson E. Roth & Scott E. Sundby-The Felony-Murder Rule: A Doctrine at Constitutional Crossroads | |
| |
| |
| David Crump & Susan Waite Crump-In Defense of the Felony Murder Doctrine | |
| |
| |
| Notes and Questions | |
| |
| |
| Limitations on the Rule | |
| |
| |
| Overview | |
| |
| |
| James J. Tomkovicz-The Endurance of the Felony-Murder Rule: A Study of the Forces That Shape Our Criminal Law | |
| |
| |
| The "Inherently Dangerous Felony" Limitation | |
| |
| |
| People v. Howard | |
| |
| |
| Notes and Questions | |
| |
| |
| The "Independent Felony" (or Merger) Limitation | |
| |
| |
| People v. Robertson | |
| |
| |
| Notes and Questions | |
| |
| |
| Killings "in the Perpetration" or "in Furtherance" of a Felony | |
| |
| |
| State v. Sophophone | |
| |
| |
| Notes and Questions | |
| |
| |
| Unlawful-Act Manslaughter (The "Misdemeanor Manslaughter" Rule) | |
| |
| |
| A Brain Teaser to End All Brain Teasers | |
| |
| |
| Notes and Questions | |
| |
| |
| Capital Murder | |
| |
| |
| The Constitutional and Policy Debate | |
| |
| |
| Introductory Comment | |
| |
| |
| Gregg v. Georgia | |
| |
| |
| Notes and Questions | |
| |
| |
| The Quest for Reliable Procedures | |
| |
| |
| Introductory Comment | |
| |
| |
| The Lingering Question of Racial Discrimination | |
| |
| |
| McCleskey v. Kemp | |
| |
| |
| Notes and Questions | |
| |
| |
| Victim Impact Evidence | |
| |
| |
| Payne v. Tennessee | |
| |
| |
| Notes and Questions | |
| |
| |
| Substantive Limitations on the Death Penalty | |
| |
| |
| Capital Murder-Continued | |
| |
| |
| Tison u. Arizona | |
| |
| |
| Notes and Questions | |
| |
| |
| Rape | |
| |
| |
| Overview | |
| |
| |
| Rape (Sexual Assault) Statistics | |
| |
| |
| U.S. Dept. Of Justice, Bureau Of Justice Statistics-Sex Offenses And Offenders | |
| |
| |
| Notes and Questions | |
| |
| |
| Social Context | |
| |
| |
| Susan Estrich-Rape | |
| |
| |
| Notes and Questions | |
| |
| |
| Joshua Dressler-Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform | |
| |
| |
| Notes and Questions | |
| |
| |
| Variations on the Theme: Some Sexual Offense Statutes | |
| |
| |
| Alabama Criminal Code | |
| |
| |
| California Penal Code | |
| |
| |
| Indiana Criminal Code | |
| |
| |
| New Jersey Code of Criminal Justice | |
| |
| |
| Title 18, Pennsylvania Consolidated Statutes | |
| |
| |
| Forcible Rape | |
| |
| |
| Force and Nonconsent | |
| |
| |
| State v. Alston | |
| |
| |
| Notes and Questions | |
| |
| |
| How Much Force?: The Resistance Requirement | |
| |
| |
| Rusk v. State | |
| |
| |
| State v. Rusk | |
| |
| |
| Notes and Questions | |
| |
| |
| "No" (or the Absence of "Yes") as "Force"? | |
| |
| |
| Susan Estrich-Rape | |
| |
| |
| Susan Ager-The Incident | |
| |
| |
| Notes and Questions | |
| |
| |
| Commonwealth v. Berkowitz | |
| |
| |
| Notes and Questions | |
| |
| |
| State of New Jersey in the Interest of M.T.S. | |
| |
| |
| Notes and Questions | |
| |
| |
| One Final Wrinkle: Withdrawn Consent | |
| |
| |
| People v. John Z | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea | |
| |
| |
| Commonwealth v. Sherry | |
| |
| |
| Notes and Questions | |
| |
| |
| Rape by Fraud or Non-physical Threats | |
| |
| |
| Boro v. Superior Court | |
| |
| |
| Notes and Questions | |
| |
| |
| Rape Shield Laws | |
| |
| |
| State V. Herndon | |
| |
| |
| People V. Wilhelm | |
| |
| |
| Notes and Questions | |
| |
| |
| Statutory Rape | |
| |
| |
| Garnett v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| General Defenses to Crimes | |
| |
| |
| Categories of Defenses | |
| |
| |
| Paul H. Robinson-Criminal Law Defenses: A Systematic Analysis | |
| |
| |
| Joshua Dressler-Justifications And Excuses: A Brief Review of the Concepts and the Literature | |
| |
| |
| Notes and Questions | |
| |
| |
| Burden of Proof | |
| |
| |
| Patterson v. New York | |
| |
| |
| Notes and Questions | |
| |
| |
| Principles of Justification | |
| |
| |
| Structure and Underlying Theories of Justification Defenses | |
| |
| |
| 1 Paul H. Robinson-Criminal Law Defenses | |
| |
| |
| Joshua Dressler-Understanding Criminal Law | |
| |
| |
| Self-Defense | |
| |
| |
| General Principles | |
| |
| |
| United States v. Peterson | |
| |
| |
| Notes and Questions | |
| |
| |
| "Reasonable Belief Requirement | |
| |
| |
| In General | |
| |
| |
| People v. Goetz | |
| |
| |
| Notes and Questions | |
| |
| |
| The "Reasonable Person": Objective, Subjective, or a Mixed Standard? | |
| |
| |
| State v. Wanrow | |
| |
| |
| Notes and Questions | |
| |
| |
| Battered Women, Battered Woman Syndrome and Beyond | |
| |
| |
| State v. Norman | |
| |
| |
| State v. Norman | |
| |
| |
| Notes and Questions | |
| |
| |
| Stephen J. Morse-The "New Syndrome Excuse Syndrome" | |
| |
| |
| Notes and Questions | |
| |
| |
| Defense of Others | |
| |
| |
| People v. Kurr | |
| |
| |
| Notes and Questions | |
| |
| |
| Defense of Property/Habitation and Law Enforcement Defenses | |
| |
| |
| People v. Ceballos | |
| |
| |
| Notes and Questions | |
| |
| |
| Tennessee v. Garner | |
| |
| |
| Notes and Questions | |
| |
| |
| Necessity ("Choice of Evils") | |
| |
| |
| General Principles | |
| |
| |
| Nelson v. State | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 3.02 | |
| |
| |
| Notes and Questions | |
| |
| |
| Civil Disobedience | |
| |
| |
| United States v. Schoon | |
| |
| |
| Notes and Questions | |
| |
| |
| Defense to Murder? | |
| |
| |
| Principles of Justification-Continued | |
| |
| |
| The Queen v. Dudley And Stephens | |
| |
| |
| Notes and Questions | |
| |
| |
| Principles of Excuse | |
| |
| |
| Why Do We Excuse Wrongdoers? | |
| |
| |
| Sanford H. Kadish-Excusing Crime | |
| |
| |
| Joshua Dressler-Understanding Criminal Law | |
| |
| |
| Notes and Questions | |
| |
| |
| Duress | |
| |
| |
| General Principles | |
| |
| |
| United States v. Contento-Pachon | |
| |
| |
| Notes and Questions | |
| |
| |
| Necessity Versus Duress | |
| |
| |
| People v. Unger | |
| |
| |
| Notes and Questions | |
| |
| |
| Defense to Murder? | |
| |
| |
| People v. Anderson | |
| |
| |
| Notes and Questions | |
| |
| |
| Intoxication | |
| |
| |
| Commonwealth v. Graves | |
| |
| |
| Notes and Questions | |
| |
| |
| Insanity | |
| |
| |
| Procedural Context | |
| |
| |
| Competency to Stand Trial | |
| |
| |
| Pre-Trial Assertion of the Insanity Plea | |
| |
| |
| Burden of Proof at Trial | |
| |
| |
| Post-Trial Disposition of Insanity Acquittees | |
| |
| |
| Sexual Predator Laws: A New Strategy for Civil Commitment | |
| |
| |
| Why Do We Excuse the Insane?: Some Initial Thoughts | |
| |
| |
| United States v. Freeman | |
| |
| |
| Notes and Questions | |
| |
| |
| Struggling for a Definition: The Tests of Insanity | |
| |
| |
| State v. Johnson | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries Comment to [section] 4.01 | |
| |
| |
| Notes and Questions | |
| |
| |
| M'Naghten and the Model Penal Code in Greater Detail | |
| |
| |
| Knowing/Appreciating the "Wrongfulness" of One's Actions | |
| |
| |
| State v. Wilson | |
| |
| |
| Notes and Questions | |
| |
| |
| Convincing the Jury: The Role of Experts | |
| |
| |
| State v. Green | |
| |
| |
| Notes and Questions | |
| |
| |
| Should the Defense Be Abolished? | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries Comment to [section] 4.01 | |
| |
| |
| Notes and Questions | |
| |
| |
| One Final Problem | |
| |
| |
| Edgar Allan Poe-The Tell-Tale Heart | |
| |
| |
| Notes and Questions | |
| |
| |
| Principles of Excuse-Continued | |
| |
| |
| Diminished Capacity | |
| |
| |
| Stephen J. Morse-Undiminished Confusion in Diminished Capacity | |
| |
| |
| Notes and Questions | |
| |
| |
| Clark v. Arizona | |
| |
| |
| Notes and Questions | |
| |
| |
| Infancy | |
| |
| |
| In re Devon T. | |
| |
| |
| Notes and Questions | |
| |
| |
| New Defenses? | |
| |
| |
| Euthanasia | |
| |
| |
| Latimer v. The Queen | |
| |
| |
| Notes and Questions | |
| |
| |
| Yale Kamisar-Physician-Assisted Suicide: The Problems Presented by the Compelling, Heartwrenching Case | |
| |
| |
| Notes and Questions | |
| |
| |
| Addiction/Alcoholism Constitutional Defense | |
| |
| |
| Robinson v. California | |
| |
| |
| Notes and Questions | |
| |
| |
| Powell v. Texas | |
| |
| |
| Notes and Questions | |
| |
| |
| "Rotten Social Background" (RSB) Defense | |
| |
| |
| Richard Delgado-"Rotten Social Background": Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation? | |
| |
| |
| Notes and Questions | |
| |
| |
| "Cultural Defense" | |
| |
| |
| State v. Kargar | |
| |
| |
| Notes and Questions | |
| |
| |
| The Cultural Defense in the Criminal Law | |
| |
| |
| Notes and Questions | |
| |
| |
| Inchoate Offenses | |
| |
| |
| Overview | |
| |
| |
| American Law Institute-Model Penal Code and Commentaries, Comment to Article 5 | |
| |
| |
| Notes and Questions | |
| |
| |
| Attempt | |
| |
| |
| General Principles | |
| |
| |
| Ira P. Robbins-Double Inchoate Crimes | |
| |
| |
| Notes and Questions | |
| |
| |
| Andrew Ashworth-Criminal Attempts and the Role of Resulting Harm Under the Code, and in the Common Law | |
| |
| |
| Notes and Questions | |
| |
| |
| Grading Criminal Attempts | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 5.05 | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea | |
| |
| |
| People v. Gentry | |
| |
| |
| Notes and Questions | |
| |
| |
| Bruce v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Actus Reus | |
| |
| |
| General Principles | |
| |
| |
| Attempt-Continued | |
| |
| |
| United States v. Mandujano | |
| |
| |
| Notes and Questions | |
| |
| |
| An Initial Effort at Drawing the Preparation-Perpetration Line | |
| |
| |
| Notes and Questions | |
| |
| |
| Distinguishing Preparation From Perpetration: The Tests at Work | |
| |
| |
| Commonwealth v. Peaslee | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Rizzo | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Miller | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Reeves | |
| |
| |
| Notes and Questions | |
| |
| |
| Punishing Pre-Attempt Conduct | |
| |
| |
| United States v. Alkhabaz | |
| |
| |
| Notes and Questions | |
| |
| |
| Special Defenses | |
| |
| |
| Impossibility | |
| |
| |
| People v. Thousand | |
| |
| |
| Notes and Questions | |
| |
| |
| Abandonment | |
| |
| |
| Commonwealth v. McCloskey | |
| |
| |
| Notes and Questions | |
| |
| |
| Assault | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 211.1 | |
| |
| |
| Notes and Questions | |
| |
| |
| Solicitation | |
| |
| |
| State v. Mann | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Cotton | |
| |
| |
| Notes and Questions | |
| |
| |
| Conspiracy | |
| |
| |
| General Principles | |
| |
| |
| People v. Carter | |
| |
| |
| Notes and Questions | |
| |
| |
| Pinkerton v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea | |
| |
| |
| People v. Swain | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Lauria | |
| |
| |
| Notes and Questions | |
| |
| |
| Actus Reus | |
| |
| |
| Abraham S. Goldstein-Conspiracy to Defraud the United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Commonwealth v. Azim | |
| |
| |
| Notes and Questions | |
| |
| |
| Commonwealth v. Cook | |
| |
| |
| Notes and Questions | |
| |
| |
| Conspiracy: Bilateral or Unilateral? | |
| |
| |
| People v. Foster | |
| |
| |
| Notes and Questions | |
| |
| |
| Conspiracy-Continued | |
| |
| |
| Scope of an Agreement: Party and Object Dimensions | |
| |
| |
| American Law Institute, Model Penal Code and Commentaries, Comment to [section] 5.03 | |
| |
| |
| Kilgore v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Braverman v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Defenses | |
| |
| |
| Iannelli v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Gebardi v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Sconce | |
| |
| |
| Notes and Questions | |
| |
| |
| Liability for the Conduct of Another | |
| |
| |
| Accomplice Liability | |
| |
| |
| General Principles | |
| |
| |
| Common Law Terminology and Its Significance | |
| |
| |
| State v. Ward | |
| |
| |
| Notes and Questions | |
| |
| |
| Theoretical Foundation: Derivative Liability | |
| |
| |
| "Elements" of Accomplice Liability: In General | |
| |
| |
| State v. Hoselton | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea | |
| |
| |
| Intent: "Purpose" or "Knowledge"? | |
| |
| |
| People v. Lauria | |
| |
| |
| Notes and Questions | |
| |
| |
| When Is "Intent" Not Required? | |
| |
| |
| Offenses Not Requiring Intent | |
| |
| |
| Riley v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| Natural-and-Probable-Consequences Doctrine | |
| |
| |
| State v. Linscott | |
| |
| |
| Notes and Questions | |
| |
| |
| Attendant Circumstances | |
| |
| |
| Actus Reus | |
| |
| |
| State v. Vaillancourt | |
| |
| |
| Notes and Questions | |
| |
| |
| Wilcox v. Jeffery | |
| |
| |
| Notes and Questions | |
| |
| |
| State v. Helmenstein | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Genoa | |
| |
| |
| Notes and Questions | |
| |
| |
| Distinguishing Direct From Accomplice Liability | |
| |
| |
| Bailey v. Commonwealth | |
| |
| |
| Notes and Questions | |
| |
| |
| Relationship of the Liability of the Accomplice to the Principal | |
| |
| |
| If the Principal Is Acquitted | |
| |
| |
| United States v. Lopez | |
| |
| |
| Accomplice Liability-Continued | |
| |
| |
| Notes and Questions | |
| |
| |
| If the Principal Is Convicted | |
| |
| |
| People v. McCoy | |
| |
| |
| Notes and Questions | |
| |
| |
| Limits to Accomplice Liability | |
| |
| |
| In re Meagan R. | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Brown | |
| |
| |
| Notes and Questions | |
| |
| |
| Conspiracy Liability | |
| |
| |
| Pinkerton v. United States | |
| |
| |
| Notes and Questions | |
| |
| |
| Vicarious Liability | |
| |
| |
| Commonwealth v. Koczwara | |
| |
| |
| Notes and Questions | |
| |
| |
| Corporate Liability | |
| |
| |
| American Law Institute-Model Penal Code and Commentaries, Comment to [section] 2.07 | |
| |
| |
| State v. Christy Pontiac-GMC, Inc. | |
| |
| |
| Pamela H. Bucy-Corporate Ethos: A Standard for Imposing Corporate Criminal Liability | |
| |
| |
| Notes and Questions | |
| |
| |
| John C. Coffee, Jr.-"No Soul To Damn: No Body to Kick": An Unscandalized Inquiry Into the Problem of Corporate Punishment | |
| |
| |
| Notes and Questions | |
| |
| |
| Theft | |
| |
| |
| Introductory Comment | |
| |
| |
| Larceny | |
| |
| |
| Actus Reus | |
| |
| |
| "Trespassory Taking (Caption) and Carrying Away (Asportation) * * *" | |
| |
| |
| Lee v. State | |
| |
| |
| Rexv. Chisser | |
| |
| |
| Notes and Questions | |
| |
| |
| United States v. Mafnas | |
| |
| |
| Notes and Questions | |
| |
| |
| Topolewski v. State | |
| |
| |
| Rex v. Pear | |
| |
| |
| Notes and Questions | |
| |
| |
| Brooks v. State | |
| |
| |
| Notes and Questions | |
| |
| |
| "* * * of the Personal Property of Another * * *" | |
| |
| |
| Lund v. Commonwealth | |
| |
| |
| Notes and Questions | |
| |
| |
| Mens Rea: " * * * With the Intent to Steal the Property" | |
| |
| |
| People v. Brown | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Davis | |
| |
| |
| Notes and Questions | |
| |
| |
| Embezzlement | |
| |
| |
| Rex v. Bazeley | |
| |
| |
| Notes and Questions | |
| |
| |
| False Pretenses | |
| |
| |
| People v. Ingram | |
| |
| |
| Notes and Questions | |
| |
| |
| People v. Whight | |
| |
| |
| Notes and Questions | |
| |
| |
| Federal Mail, Wire, and Computer Fraud | |
| |
| |
| United States v. Czubinski | |
| |
| |
| Notes and Questions | |
| |
| |
| Model Penal Code | |
| |
| |
| Index | |