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| Preface | |
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| Acknowledgments | |
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| How Guilt Is Established | |
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| The Structure of the Criminal Justice System | |
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| The Process of Proof | |
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| An Overview of Criminal Trial Procedure | |
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| The Presentation of Evidence | |
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| Proof beyond a Reasonable Doubt | |
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| The Role of the Jury | |
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| The Role of Counsel | |
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| The Justification of Punishment | |
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| What Is Punishment? | |
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| Why Punish? | |
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| Perspectives on Punishment | |
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| Case Studies | |
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| What to Punish? | |
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| Defining Criminal Conduct--The Elements of Just Punishment | |
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| Introduction | |
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| Culpability | |
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| Actus Reus--Culpable Conduct | |
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| Mens Rea--Culpable Mental States | |
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| Proportionality | |
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| Legality | |
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| Rape | |
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| Perspectives | |
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| Statutory Frameworks | |
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| Actus Reus | |
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| Force, Nonconsent, and Resistance | |
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| Deception | |
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| Mens Rea | |
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| A Statutory Solution? | |
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| The Marital Exemption | |
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| Problems of Proof | |
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| Corroboration and Jury Instructions | |
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| Cross-Examination and Shield Laws | |
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| Homicide | |
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| Introduction | |
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| Legislative Grading of Intended Killings | |
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| The Premeditation-Deliberation Formula | |
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| Provocation | |
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| Legislative Grading of Unintended Killings | |
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| The Creation of Homicidal Risk | |
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| The Felony-Murder Rule | |
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| The Death Penalty | |
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| The Current Context | |
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| Policy Considerations | |
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| Constitutional Limitations | |
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| The Significance of Resulting Harm | |
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| Causation | |
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| Foreseeability and Coincidence | |
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| Subsequent Human Actions | |
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| Attempt | |
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| Introduction | |
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| Mens Rea | |
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| Preparation versus Attempt | |
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| Impossibility | |
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| Group Criminality | |
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| Accountability for the Acts of Others | |
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| Mens Rea | |
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| Actus Reus | |
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| The Relationship Between the Liability of the Parties | |
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| Liability Within the Corporate Framework | |
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| Liability of the Corporate Entity | |
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| Liability of Corporate Agents | |
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| Conspiracy | |
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| An Overview: The Consequences of a Conspiracy Charge | |
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| Conspiracy as a Form of Accessorial Liability | |
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| The Actus Reus of Conspiracy | |
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| The Mens Rea of Conspiracy | |
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| Scope of the Agreement--Single or Multiple Conspiracies | |
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| Parties | |
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| Criminal Enterprises and RICO | |
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| Exculpation | |
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| Introduction: The Concepts of Justification and Excuse | |
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| Principles of Justification | |
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| Protection of Life and Person | |
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| Protection of Property and Law Enforcement | |
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| Choice of the Lesser Evil--The Residual Principle of Justification | |
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| Euthanasia | |
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| Principles of Excuse | |
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| Introduction | |
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| Duress | |
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| Intoxication | |
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| Mental Disorder | |
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| Changing Patterns of Excuse | |
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| Theft Offenses | |
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| The Means of Acquisition | |
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| Trespassory Takings | |
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| Misappropriation | |
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| Fraud | |
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| Blackmail | |
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| Consolidation | |
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| The Property Subject to Theft | |
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| Traditional Theft | |
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| Mail and Wire Fraud | |
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| Mens Rea | |
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| American Law Institute, Model Penal Code | |
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| Table of Cases | |
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| Bibliographic References | |
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| Index | |