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Criminal Law and Procedure

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ISBN-10: 1401815596

ISBN-13: 9781401815592

Edition: 4th 2004 (Revised)

Authors: Daniel E. Hall

List price: $236.95
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The general principles of criminality and culpability, individual crimes; their elements and related issues are fully discussed. Procedure topics explored include defenses to criminal accusations, parties to crimes, state and federal constitutional influences, the parties to the criminal justice system, the pretrial process, trial, sentencing, appeal and collateral relief, and the procedure of search and seizure. Contemporary issues in criminal law and procedure, such as terrorism and cybercrime, are also explored.
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Book details

List price: $236.95
Edition: 4th
Copyright year: 2004
Publisher: Delmar Cengage Learning
Publication date: 8/5/2003
Binding: Hardcover
Pages: 608
Size: 8.25" wide x 9.25" long x 1.00" tall
Weight: 2.926

Preface
Table of Cases
Criminal Law
Introduction to the Legal System of the United States
Federalism
Separation of Powers
The Structure of the Court System
The Duties and Powers of the Judicial Branch
Comparing Civil Law and Criminal Law
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Introduction to Criminal Law
The Distinction Between Criminal Law and Criminal Procedure
The Power of Government to Regulate Behavior
The Purposes of Punishing Criminal Law Violators
Specific and General Deterrence
Incapacitation
Rehabilitation
Retribution
Sources of Criminal Law
The Common Law
Statutory Law
Ordinances
Administrative Law
Court Rules
The Model Penal Code
Constitutional Law
Web Links
Key Terms
Review Questions
Review Problems
End Notes
The Two Essential Elements
Mens Rea
Mens Rea and the Common Law
Strict Liability
Vicarious Liability
Current Approaches to Mens Rea
Proving Mens Rea
Motive
Actus Reus
Voluntariness
Thoughts and Statements as Acts
Personal Status as an Act
Possession as an Act
Omissions as Acts
Causation
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Crimes Against the Person
Studying Crimes
Homicide
Homicide and the Common Law
Statutory Approaches to Homicide
Manslaughter
The Model Penal Code Approach to Homicide
Life, Death, and Homicide
Suicide
Corpus Delicti
Assault and Battery
Aggravated Assault and Battery
Mayhem
Sex Crimes
Rape
Nonforcible Rape
Sodomy
Rape Shield Laws
Incest
Sex Offenses Against Children
Megan's Laws, Commitment, and Castration
Kidnapping And False Imprisonment
Kidnapping
Parental Kidnapping
False Imprisonment
Stalking
Civil Rights and Hate Crimes
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Crimes Against Property and Habitation
Arson
Burglary
Theft Crimes
Introduction to Theft Crimes
Larceny
Embezzlement
False Pretenses
Receiving Stolen Property
Robbery
Extortion
Consolidated Theft Statutes
The Model Penal Code Consolidation
Destruction of Property
Computer Crimes
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Crimes Against the Public
Defining a "Crime Against The Public"
Crimes Against Public Morality
Prostitution and Solicitation
Deviate Sexual Conduct
Indecent Exposure and Lewdness
Obscenity
Regulating the Internet
Crimes Against the Public Order
Introduction
Riot and Unlawful Assembly
Distrubing the Peace
Incitement/Advocacy of Unlawful Conduct
Threats
Vagrancy and Panhandling
Drug and Alcohol Crimes
Crimes Against the Administration of Government
Perjury
Bribery
Tax Crimes
Obstruction of Justice
Contempt
Crimes Against the Environment
Clean Water Act
Clean Air Act
Comprehensive Environmental Response, Compensation and Liability Act
Resource Conservation and Recovery Act
Occupational Safety and Health Act
Toxic Substances Control Act
Federal Insecticide, Fungicide, and Rodenticide Act
Emergency Planning and Community Right-to-Know Act
Endangered Species Act
Marine Mammal Protection Act
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Parties and Inchoate Offenses
Parties to Crimes
Inchoate Crimes
Attempt
Conspiracy
Solicitation
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Factual and Statutory Defenses
"Defense" Defined
Affirmative Defenses
Insanity
M'Naughten
Irresistible Impulse
Durham
The Model Penal Code Test
Guilty But Mentally Ill
Procedures of the Insanity Defense
Disposition of the Criminally Insane
Insanity at the Time of Trial
Duress and Necessity
Use-of-Force Defenses
Self-Defense
Defense of Others
Defense of Property and Habitation
Imperfect Self-Defense
Arrests
Infancy
Intoxication
Mistake
Entrapment
Alibi and Consent
Statutes of Limitation
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Constitutional Defenses
Introduction
Double Jeopardy
Self-Incrimination and Immunity
Due Process and Equal Protection
Vagueness and Overbreadth
Ex Post Facto and Bills of Attainder
First Amendment and Religion
First Amendment and Speech
Privacy and Other Unenumerated Rights
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Criminal Procedure
Introduction and Participants
Criminal Procedure Defined
A Common-Law, Adversarial, and Accusatorial System
The Due Process Model
The Participants
Law Enforcement Officers
Prosecutors
Judges
Defense Attorneys
Victims
Liability of Governments and Their Officials
Web Links
Key Terms
Review Questions
Review Problems
End Notes
The Constitutional Aspects of Criminal Procedure
Introduction
Incorporation
Expansion of Rights
Exclusionary Rule
Exclusionary Rule and Exceptions
Fruit of the Poisonous Tree
Standing
State Constitutions and the "New Federalism"
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Searches, Seizures, and Arrests
The Fourth Amendment
Privacy
Probable Cause
Searches and Seizures
The Warrant Requirement
Exceptions to the Search Warrant Requirement
Arrest
Defining Arrest
The Warrant Preference
Arrests in Protected Areas
Search Incident to Arrest and the Protective Sweep
Executing Arrest Warrants
Illegal Arrests
Considering Fourth Amendment Problems
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Interrogation and Other Law Enforcement Practices
Interrogations, Confessions, And Admissions
Miranda
Sixth Amendment
Voluntariness Requirement
Electronic Surveillance
Title III of the Omnibus Crime Control Act
Pretrial Identification Procedures
Lineups and One-Man Showups
The Fairness Right
Photographs
Scientific Identification Procedures
Exclusion of Improper Identifications
Web Links
Key Terms
Review Questions
Review Problems
End Notes
The Pretrial Process
Introduction
Discovery and Investigation of Criminal Activity
Arrest
The Complaint
Initial Appearance
Pretrial Release and Detention
Types of Release
Eighth Amendment
Detention
Preliminary Hearing
The Formal Charge
Indictment and Grand Jury
Information
Arraignment
Pretrial Activity
Discovery
Motion Practice
Pretrial Conference
Extradition and Detainers
Removal
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Trial
Trial Rights of Defendants
The Right to a Jury Trial
The Right to a Public Trial
The Right to Confrontation and Cross-Examination
The Presumption of Innocence/Burden of Proof
The Right to Speedy Trial
The Right to Counsel
Trial Procedure
Voir Dire
Preliminary Instructions
Opening Statements
The Prosecution's Case in Chief
The Defense Case
Rebuttal
Closing Arguments
Final Instructions
Jury Deliberations and Verdict
JNOV/New Trial
Web Links
Key Terms
Review Questions
Review Problems
End Notes
Sentencing and Appeal
Sentencing
Sentencing Procedure
Forms of Punishment
Habitual Offender Statutes
Postconviction Remedies
Appeal
Habeas Corpus
Web Links
Key Terms
Review Questions
Review Problems
End Notes
The Constitution of the United States of America
Selected Excerpts from the Model Penal Code
Glossary
Index