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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 | |