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Preface to the Fourth Edition | |
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Preface to First Edition | |
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Acknowledgments | |
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Table of Cases | |
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Table of Model Penal Code Sections | |
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Table of Authorities | |
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Introduction: Setting the Stage | |
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Nature, Sources, and Limits of the Criminal Law | |
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Henry M. Hart, Jr.-The Aims of the Criminal Law | |
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Notes and Questions | |
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Criminal Law in a Procedural Context: Pre-Trial | |
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Criminal Law in a Procedural Context: Trial by Jury | |
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Proof of Guilt at Trial | |
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"Proof Beyond a Reasonable Doubt" | |
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Notes and Questions | |
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Enforcing the Presumption of Innocence | |
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Owens V. State | |
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Notes and Questions | |
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Jury Nullification | |
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Introductory Comment | |
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State V. Ragland | |
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Notes and Questions | |
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Principles of Punishment | |
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Introduction: Initial Thoughts and Hard Statistics | |
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Theories of Punishment | |
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In General | |
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Kent Greenawalt-Punishment | |
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Notes and Questions | |
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Utilitarian Justifications | |
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Jeremy Bentham-An Introduction to the Principles of Morals and Legislation | |
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Kent Greenawalt-Punishment | |
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Notes and Questions | |
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Retributive Justifications | |
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Michael S. Moore-The Moral Worth of Retribution | |
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Notes and Questions | |
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Immanuel Kant-The Philosophy of Law | |
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Notes and Questions | |
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2 James Fitzjames Stephen-A History of the Criminal Law of England | |
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Notes and Questions | |
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Theories of Punishment-Continued | |
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Herbert Morris-Persons and Punishment | |
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Notes and Questions | |
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Jeffrie G. Murphy & Jean Hampton-Forgiveness and Mercy | |
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Notes and Questions | |
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The Penal Theories in Action | |
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Who Should Be Punished? | |
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The Queen v. Dudley and Stephens | |
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Notes and Questions | |
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How Much (and What) Punishment Should Be Imposed? | |
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People v. Superior Court (Du) | |
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People v. Du | |
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Notes and Questions | |
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United States v. Gementera | |
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Notes and Questions | |
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Proportionality of Punishment | |
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General Principles | |
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Immanuel Kant-The Philosophy of Law | |
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Jeremy Bentham-An Introduction to the Principles of Morals and Legislation | |
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Notes and Questions | |
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Constitutional Principles | |
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Coker V. Georgia | |
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Notes and Questions | |
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Ewing v. California | |
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Notes and Questions | |
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Modern Role of Criminal Statutes | |
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Principle of Legality | |
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The Requirement of Previously Defined Conduct | |
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Commonwealth v. Mochan | |
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Notes and Questions | |
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Keeler v. Superior Court | |
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Notes and Questions | |
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The Values of Statutory Clarity | |
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In re Banks | |
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Notes and Questions | |
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City of Chicago v. Morales | |
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Notes and Questions | |
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Statutory Interpretation | |
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United States v. Foster | |
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Notes and Questions | |
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Actus Reus | |
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Introductory Comment: Defining "Actus Reus" | |
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Voluntary Act | |
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Martin v. State | |
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Notes and Questions | |
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State v. Utter | |
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Notes and Questions | |
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Omissions ("Negative Acts") | |
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General Principles | |
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People V. Beardsley | |
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Notes and Questions | |
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Distinguishing Acts From Omissions | |
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Omissions ("Negative Acts")-Continued | |
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Barber v. Superior Court | |
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Notes and Questions | |
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Social Harm | |
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Notes and Questions | |
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Mens Rea | |
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Nature of "Mens Rea" | |
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United States v. Cordoba-Hincapie | |
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Notes and Questions | |
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Regina v. Cunningham | |
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Notes and Questions | |
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General Issues in Proving Culpability | |
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"Intent" | |
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People V. Conley | |
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Notes and Questions | |
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The Model Penal Code Approach | |
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Introductory Comment | |
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American Law Institute, Model Penal Code And Commentaries, Comment To [section] 2.02 | |
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Notes and Questions | |
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"Knowledge" of Attendant Circumstances (The "Wilful Blindness" Problem) | |
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State v. Nations | |
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Notes and Questions | |
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Problems in Statutory Interpretation | |
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United States v. Morris | |
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Notes and Questions | |
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Strict Liability Offenses | |
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United States v. Cordoba-Hincapie | |
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Notes and Questions | |
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Staples v. United States | |
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Notes and Questions | |
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Garnett v. State | |
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Notes and Questions | |
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Mistake and Mens Rea | |
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Mistake of Fact | |
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People v. Navarro | |
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Notes and Questions | |
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Mistake (or Ignorance) of Law | |
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People v. Marrero | |
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Notes and Questions | |
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Cheek v. United States | |
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Notes and Questions | |
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Causation | |
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Actual Cause (Cause-in-Fact) | |
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Velazquez v. State | |
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Oxendine v. State | |
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Notes and Questions | |
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Proximate Cause ("Legal" Cause) | |
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Introductory Comment | |
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Kibbe v. Henderson | |
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Notes and Questions | |
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Proximate Cause ("Legal" Cause)-Continued | |
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Velazquez v. State | |
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Notes and Questions | |
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Concurrence of the Elements | |
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State v. Rose | |
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Notes and Questions | |
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Criminal Homicide | |
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Overview | |
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Homicide Statistics | |
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Common Law Origins and Statutory Reform | |
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American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 | |
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American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.3 | |
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Variations on the Theme: Some Homicide Statutes | |
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California Penal Code | |
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Illinois Criminal Code | |
| |
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Michigan Penal Code | |
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| |
New York Penal Law | |
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| |
Pennsylvania Consolidated Statutes | |
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| |
Notes and Questions | |
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The Protected Interest: "Human Being" | |
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People v. Eulo | |
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Notes and Questions | |
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Intentional Killings | |
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Degrees of Murder: The Deliberation-Premeditation Formula | |
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State V. Guthrie | |
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Notes and Questions | |
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Midgett v. State | |
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| |
Notes and Questions | |
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State v. Forrest | |
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Notes and Questions | |
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Manslaughter: "Heat of Passion" Killings | |
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| |
Common Law Principles | |
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Girouard v. State | |
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Notes and Comments | |
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Joshua Dressler-Rethinking Heat of Passion: A Defense in Search of a Rationale | |
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Joshua Dressler-Why Keep the Provocation Defense?: Some Reflections on a Difficult Subject | |
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| |
Notes and Questions | |
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The Objective Standard: Who Is the "Reasonable Man"? | |
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| |
Introductory Comment | |
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| |
Attorney General for Jersey v. Holley | |
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Notes and Questions | |
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Model Penal Code and Beyond | |
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People v. Casassa | |
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Notes and Questions | |
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Murder Versus Manslaughter: A Literary Problem | |
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| |
Willa Cather-O Pioneers | |
| |
| |
Notes and Questions | |
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Unintentional Killings: Unjustified Risk-Taking | |
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Introduction: A Road Map | |
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Unintentional Killings: Unjustified Risk-Taking-Continued | |
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Berry v. Superior Court | |
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People v. Nieto Benitez | |
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| |
Notes and Questions | |
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State v. Hernandez | |
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| |
Notes and Questions | |
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State v. Williams | |
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Notes and Questions | |
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Unintentional Killings: Unlawful Conduct | |
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The Felony-Murder Rule | |
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| |
The Doctrine in Its Unlimited Form | |
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American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 | |
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People v. Fuller | |
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| |
Notes and Questions | |
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| |
The Policy Debate | |
| |
| |
Nelson E. Roth & Scott E. Sundby-The Felony-Murder Rule: A Doctrine at Constitutional Crossroads | |
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David Crump & Susan Waite Crump-In Defense of the Felony Murder Doctrine | |
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| |
Notes and Questions | |
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| |
Limitations on the Rule | |
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| |
Overview | |
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James J. Tomkovicz-The Endurance of the Felony-Murder Rule: A Study of the Forces That Shape Our Criminal Law | |
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The "Inherently Dangerous Felony" Limitation | |
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People v. Howard | |
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| |
Notes and Questions | |
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The "Independent Felony" (or Merger) Limitation | |
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| |
People v. Robertson | |
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| |
Notes and Questions | |
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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 | |
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| |
Notes and Questions | |
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| |
Capital Murder | |
| |
| |
The Constitutional and Policy Debate | |
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| |
Introductory Comment | |
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| |
Gregg v. Georgia | |
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| |
Notes and Questions | |
| |
| |
The Quest for Reliable Procedures | |
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| |
Introductory Comment | |
| |
| |
The Lingering Question of Racial Discrimination | |
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| |
McCleskey v. Kemp | |
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| |
Notes and Questions | |
| |
| |
Victim Impact Evidence | |
| |
| |
Payne v. Tennessee | |
| |
| |
Notes and Questions | |
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| |
Substantive Limitations on the Death Penalty | |
| |
| |
Capital Murder-Continued | |
| |
| |
Tison u. Arizona | |
| |
| |
Notes and Questions | |
| |
| |
Rape | |
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| |
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 | |
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| |
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 | |
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| |
People v. Goetz | |
| |
| |
Notes and Questions | |
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| |
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 | |
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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 | |
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| |
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 | |
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| |
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 | |
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Notes and Questions | |
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Special Defenses | |
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Impossibility | |
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People v. Thousand | |
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Notes and Questions | |
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Abandonment | |
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Commonwealth v. McCloskey | |
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Notes and Questions | |
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Assault | |
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American Law Institute, Model Penal Code and Commentaries, Comment to [section] 211.1 | |
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Notes and Questions | |
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Solicitation | |
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State v. Mann | |
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Notes and Questions | |
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State v. Cotton | |
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Notes and Questions | |
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Conspiracy | |
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General Principles | |
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People v. Carter | |
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Notes and Questions | |
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Pinkerton v. United States | |
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Notes and Questions | |
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Mens Rea | |
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People v. Swain | |
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Notes and Questions | |
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People v. Lauria | |
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Notes and Questions | |
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Actus Reus | |
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Abraham S. Goldstein-Conspiracy to Defraud the United States | |
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Notes and Questions | |
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Commonwealth v. Azim | |
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Notes and Questions | |
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Commonwealth v. Cook | |
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Notes and Questions | |
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Conspiracy: Bilateral or Unilateral? | |
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People v. Foster | |
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Notes and Questions | |
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Conspiracy-Continued | |
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Scope of an Agreement: Party and Object Dimensions | |
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American Law Institute, Model Penal Code and Commentaries, Comment to [section] 5.03 | |
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Kilgore v. State | |
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Notes and Questions | |
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Braverman v. United States | |
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Notes and Questions | |
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Defenses | |
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Iannelli v. United States | |
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Notes and Questions | |
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Gebardi v. United States | |
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Notes and Questions | |
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People v. Sconce | |
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Notes and Questions | |
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Liability for the Conduct of Another | |
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Accomplice Liability | |
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General Principles | |
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Common Law Terminology and Its Significance | |
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State v. Ward | |
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Notes and Questions | |
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Theoretical Foundation: Derivative Liability | |
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"Elements" of Accomplice Liability: In General | |
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State v. Hoselton | |
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Notes and Questions | |
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Mens Rea | |
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Intent: "Purpose" or "Knowledge"? | |
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People v. Lauria | |
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Notes and Questions | |
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When Is "Intent" Not Required? | |
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Offenses Not Requiring Intent | |
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Riley v. State | |
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Notes and Questions | |
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Natural-and-Probable-Consequences Doctrine | |
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State v. Linscott | |
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Notes and Questions | |
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Attendant Circumstances | |
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Actus Reus | |
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State v. Vaillancourt | |
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Notes and Questions | |
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Wilcox v. Jeffery | |
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Notes and Questions | |
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State v. Helmenstein | |
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Notes and Questions | |
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People v. Genoa | |
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Notes and Questions | |
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Distinguishing Direct From Accomplice Liability | |
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Bailey v. Commonwealth | |
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Notes and Questions | |
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Relationship of the Liability of the Accomplice to the Principal | |
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If the Principal Is Acquitted | |
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United States v. Lopez | |
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Accomplice Liability-Continued | |
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Notes and Questions | |
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If the Principal Is Convicted | |
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People v. McCoy | |
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Notes and Questions | |
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Limits to Accomplice Liability | |
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In re Meagan R. | |
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Notes and Questions | |
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People v. Brown | |
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Notes and Questions | |
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Conspiracy Liability | |
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Pinkerton v. United States | |
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Notes and Questions | |
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Vicarious Liability | |
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Commonwealth v. Koczwara | |
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Notes and Questions | |
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Corporate Liability | |
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American Law Institute-Model Penal Code and Commentaries, Comment to [section] 2.07 | |
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State v. Christy Pontiac-GMC, Inc. | |
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Pamela H. Bucy-Corporate Ethos: A Standard for Imposing Corporate Criminal Liability | |
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Notes and Questions | |
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John C. Coffee, Jr.-"No Soul To Damn: No Body to Kick": An Unscandalized Inquiry Into the Problem of Corporate Punishment | |
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Notes and Questions | |
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Theft | |
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Introductory Comment | |
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Larceny | |
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Actus Reus | |
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"Trespassory Taking (Caption) and Carrying Away (Asportation) * * *" | |
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Lee v. State | |
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Rexv. Chisser | |
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Notes and Questions | |
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United States v. Mafnas | |
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Notes and Questions | |
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Topolewski v. State | |
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Rex v. Pear | |
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Notes and Questions | |
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Brooks v. State | |
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Notes and Questions | |
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"* * * of the Personal Property of Another * * *" | |
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Lund v. Commonwealth | |
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Notes and Questions | |
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Mens Rea: " * * * With the Intent to Steal the Property" | |
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People v. Brown | |
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Notes and Questions | |
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People v. Davis | |
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Notes and Questions | |
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Embezzlement | |
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Rex v. Bazeley | |
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Notes and Questions | |
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False Pretenses | |
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People v. Ingram | |
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Notes and Questions | |
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People v. Whight | |
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Notes and Questions | |
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Federal Mail, Wire, and Computer Fraud | |
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United States v. Czubinski | |
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Notes and Questions | |
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Model Penal Code | |
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Index | |