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Criminal Law and Its Processes Cases and Materials

ISBN-10: 0735519900
ISBN-13: 9780735519909
Edition: 7th 2001 (Revised)
List price: $133.00
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Book details

List price: $133.00
Edition: 7th
Copyright year: 2001
Publisher: Wolters Kluwer Law & Business
Publication date: 4/5/2001
Binding: Hardcover
Pages: 1138
Size: 7.00" wide x 9.75" long x 1.50" tall
Weight: 3.542
Language: English

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

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