Criminal Law and Its Processes

ISBN-10: 1454817550

ISBN-13: 9781454817550

Edition: 9th 2012 (Revised)

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Highly respected authorship defines Criminal Law and Its Processes: Casesand Materials . Sanford H. Kadish, Stephen J. Schulhofer, Carol S. Steiker,and new co-author Rachel E. Barkow are nationally recognized scholars. Theircohesive intellectual framework views the law as an instrument of socialcontrol, providing an analytical tool with which students can interpret andunderstand doctrine. Criminal Law and Its Processes: Cases and Materialsfocuses on developing an understanding of principles and rules applicable toall crimes, rather than the detailed and disjointed elements of any particularcrime. Cases-and-notes pedagogy, with excerpted materials, questions, andproblems, illuminate the material. Problems enhance students’ understanding ofthe basic principles by testing their applications and interactions in thecontext of particular offenses.The Ninth Edition preserves the continuity with its predecessors andmakes little fundamental change in organization or coverage, retaining nearlyall the principal teaching cases, with recent cases and illustrations added.The text has been carefully edited throughout to enhance the transparency ofthe organization and accessibility of the notes and questions. Text has beenadded that guides students―before and after main cases―to understand whatthose cases are designed to illustrate. Overall, the book features increasedclarity and ease of teaching while preserving the book’s challenging andsophisticated content. A completely reorganized and revised chapter on groupcrime includes more student-friendly treatment of accomplice liability andconspiracy that will facilitate the mastery of basic doctrine whileemphasizing important policy questions. A new section on punishingcorporations for criminal conduct includes an analysis of deferred prosecutionand non-prosecution agreements. The updated theft chapter explores theimportant modern crimes of honest services fraud and identity theft. Newproblems also test students’ understanding of traditional theft offenses asapplied to modern technology and intellectual property. The chapter on rapehas been dramatically revised with current examples of debates over force andconsent as well as new notes on male rape victims and human trafficking.Revised coverage of the death penalty provides a balanced treatment of theissue, incorporates the latest empirical research, and offers new notes on thepotential causes of racial discrimination. An updated chapter on homicideincludes a completely new section on felony murder. Also revised is thetreatment of proportionality; it includes recent Supreme Court case law underthe Eighth Amendment and challenges to life without the possibility of parolesentences. The question of what to punish is now explored through the lens ofteenage bullying. Finally, new sentencing materials have been introduced,including a case study of Bernie Madoff’s sentencing.FeaturesHighly respected authorshipKadish, Schulhofer, Steiker, and new co-author Barkow are nationallyrecognized scholarsCohesive intellectual frameworkviews the law as an instrument of social controlprovides an analytical tool with which students can interpret and understanddoctrineCases-and-notes pedagogyincludes excerpted materials, questions, and problemsDevelops an understanding of principles and rules applicable to all crimessees beyond the detailed, disjointed elements particular crimesHelpful problemsenhance students’ understanding of basic principlestest their applications and interactions in the context of particular offensesThoroughly updated, t
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Book details

List price: $240.00
Edition: 9th
Copyright year: 2012
Publisher: Wolters Kluwer Law & Business
Publication date: 7/27/2012
Binding: Hardcover
Pages: 1360
Size: 7.50" wide x 10.00" long x 2.00" tall
Weight: 4.730
Language: English

Rachel E. Barkow is Professor of Law and the Faculty Director of the Center on the Administration of Criminal Law at NYU School of Law.

Summary of Contents
Institutions and Processes
The Justification of Punishment
Defining Criminal Conduct-The Elements of Just Punishment
The Significance of Resulting Harm
Group Criminality
Theft Offenses
Appendix: American Law Institute, Model Penal Code
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