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