Summary: This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., ''shaming'' punishment, rape law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen
Poe's The Tell-Tale Heart) and even ''brain teasers'' to confront (as the Preface states) ''the big questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries.'' Professor Stephen Garvey (Cornell) joins the casebook beginning with this new edition. The Sixth Edition, as in the past, includes some new cases, as well as updates in the notes that bring current issues of criminal law to the fore. New Power Points have been added to the casebook companion website.
Summary: This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., ''shaming'' punishment, rape law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The Tell-Tale Heart) and even ''brain teasers'' to confront (as the Preface states) ''the big questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries.'' Professor Stephen Garvey (Cornell) joins the casebook beginning with this new edition. The Sixth Edition, as in the past, includes some new cases, as well as updates in the notes that bring current issues of criminal law to the fore. New Power Points have been added to the casebook companion website....show less
Preface to the Fourth Edition v Preface to First Edition vii Acknowledgments xiii Table of Cases xxxix Table of Model Penal Code Sections xlix Table of Authorities li Introduction: Setting the Stage 1 Nature, Sources, and Limits of the Criminal Law 1 Henry M. Hart, Jr.-The Aims of the Criminal Law 1 Notes and Questions 3 Criminal Law in a Procedural Context: Pre-Trial 6 Criminal Law in a Procedural Context: Trial by Jury 7 Proof of Guilt at Trial 9 ''Proof Beyond a Reasonable Doubt'' 9 Notes and Questions 10 Enforcing the Presumption of Innocence 13 Owens V. State 13 Notes and Questions 16 Jury Nullification 18 Introductory Comment 18 State V. Ragland 19 Notes and Questions 22 Principles of Punishment 29 Introduction: Initial Thoughts and Hard Statistics 29 Theories of Punishment 30 In General 30 Kent Greenawalt-Punishment 30 Notes andQuestions 31 Utilitarian Justifications 32 Jeremy Bentham-An Introduction to the Principles of Morals and Legislation 32 Kent Greenawalt-Punishment 34 Notes and Questions 35 Retributive Justifications 38 Michael S. Moore-The Moral Worth of Retribution 38 Notes and Questions 39 Immanuel Kant-The Philosophy of Law 39 Notes and Questions 40 2 James Fitzjames Stephen-A History of the Criminal Law of England 40 Notes and Questions 41 Theories of Punishment-Continued Herbert Morris-Persons and Punishment 42 Notes and Questions 43 Jeffrie G. Murphy & Jean Hampton-Forgiveness and Mercy 45 Notes and Questions 46 The Penal Theories in Action 48 Who Should Be Punished? 48 The Queen v. Dudley and Stephens 48 Notes and Questions 49 How Much (and What) Punishment Should Be Imposed? 50 People v. Superior Court (Du) 50 People v. Du 53 Notes and Questions 56 United States v. Gementera 59 Notes and Questions 65 Proportionality of Punishment 66 General Principles 66 Immanuel Kant-The Philosophy of Law 66 Jeremy Bentham-An Introduction to the Principles of Morals and Legislation 67 Notes and Questions 68 Constitutional Principles 69 Coker V. Georgia 69 Notes and Questions 74 Ewing v. California 76 Notes and Questions 87 Modern Role of Criminal Statutes 88 Principle of Legality 88 The Requirement of Previously Defined Conduct 88 Commonwealth v. Mochan 88 Notes and Questions 91 Keeler v. Superior Court 91 Notes and Questions 99 The Values of Statutory Clarity 101 In re Banks 101 Notes and Questions 105 City of Chicago v. Morales 109 Notes and Questions 115 Statutory Interpretation 116 United States v. Foster 116 Notes and Questions 124 Actus Reus 126 Introductory Comment: Defining ''Actus Reus'' 126 Voluntary Act 127 Martin v. State 127 Notes and Questions 127 State v. Utter 129 Notes and Questions 132 Omissions (''Negative Acts'') 134 General Principles 134 People V. Beardsley 134 Notes and Questions 137 Distinguishing Acts From Omissions 140 Omissions (''Negative Acts'')-Continued Barber v. Superior Court 140 Notes and Questions 144 Social Harm 145 Notes and Questions 146 Mens Rea 147 Nature of ''Mens Rea'' 147 United States v. Cordoba-Hincapie 147 Notes and Questions 148 Regina v. Cunningham 149 Notes and Questions 150 General Issues in Proving Culpability 151 ''Intent'' 151 People V. Conley 151 Notes and Questions 153 The Model Penal Code Approach 157 Introductory Comment 157 American Law Institute, Model Penal Code And Commentaries, Comment To [section] 2.02 158 Notes and Questions 161 ''Knowledge'' of Attendant Circumstances (The ''Wilful Blindness'' Problem) 161 State v. Nations 161 Notes and Questions 164 Problems in Statutory Interpretation 167 United States v. Morris 167 Notes and Questions 171 Strict Liability Offenses 172 United States v. Cordoba-Hincapie 172 Notes and Questions 173 Staples v. United States 174 Notes and Questions 180 Garnett v. State 184 Notes and Questions 190 Mistake and Mens Rea 191 Mistake of Fact 191 People v. Navarro 191 Notes and Questions 193 Mistake (or Ignorance) of Law 196 People v. Marrero 196 Notes and Questions 202 Cheek v. United States 206 Notes and Questions 210 Causation 211 Actual Cause (Cause-in-Fact) 211 Velazquez v. State 211 Oxendine v. State 212 Notes and Questions 216 Proximate Cause (''Legal'' Cause) 216 Introductory Comment 216 Kibbe v. Henderson 217 Notes and Questions 220 Proximate Cause (''Legal'' Cause)-Continued Velazquez v. State 224 Notes and Questions 226 Concurrence of the Elements 227 State v. Rose 227 Notes and Questions 229 Criminal Homicide 230 Overview 230 Homicide Statistics 230 Common Law Origins and Statutory Reform 230 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 230 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.3 232 Variations on the Theme: Some Homicide Statutes 233 California Penal Code 233 Illinois Criminal Code 235 Michigan Penal Code 237 New York Penal Law 238 Pennsylvania Consolidated Statutes 240 Notes and Questions 242 The Protected Interest: ''Human Being'' 242 People v. Eulo 242 Notes and Questions 247 Intentional Killings 248 Degrees of Murder: The Deliberation-Premeditation Formula 248 State V. Guthrie 248 Notes and Questions 251 Midgett v. State 253 Notes and Questions 255 State v. Forrest 255 Notes and Questions 258 Manslaughter: ''Heat of Passion'' Killings 259 Common Law Principles 259 Girouard v. State 259 Notes and Comments 263 Joshua Dressler-Rethinking Heat of Passion: A Defense in Search of a Rationale 266 Joshua Dressler-Why Keep the Provocation Defense?: Some Reflections on a Difficult Subject 268 Notes and Questions 269 The Objective Standard: Who Is the ''Reasonable Man''? 270 Introductory Comment 270 Attorney General for Jersey v. Holley 271 Notes and Questions 278 Model Penal Code and Beyond 281 People v. Casassa 281 Notes and Questions 285 Murder Versus Manslaughter: A Literary Problem 288 Willa Cather-O Pioneers 288 Notes and Questions 291 Unintentional Killings: Unjustified Risk-Taking 291 Introduction: A Road Map 291 Unintentional Killings: Unjustified Risk-Taking-Continued Berry v. Superior Court 292 People v. Nieto Benitez 294 Notes and Questions 295 State v. Hernandez 297 Notes and Questions 301 State v. Williams 301 Notes and Questions 305 Unintentional Killings: Unlawful Conduct 309 The Felony-Murder Rule 309 The Doctrine in Its Unlimited Form 309 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 210.2 310 People v. Fuller 311 Notes and Questions 312 The Policy Debate 312 Nelson E. Roth & Scott E. Sundby-The Felony-Murder Rule: A Doctrine at Constitutional Crossroads 312 David Crump & Susan Waite Crump-In Defense of the Felony Murder Doctrine 316 Notes and Questions 320 Limitations on the Rule 320 Overview 320 James J. Tomkovicz-The Endurance of the Felony-Murder Rule: A Study of the Forces That Shape Our Criminal Law 320 The ''Inherently Dangerous Felony'' Limitation 321 People v. Howard 321 Notes and Questions 326 The ''Independent Felony'' (or Merger) Limitation 328 People v. Robertson 328 Notes and Questions 334 Killings ''in the Perpetration'' or ''in Furtherance'' of a Felony 334 State v. Sophophone 334 Notes and Questions 337 Unlawful-Act Manslaughter (The ''Misdemeanor Manslaughter'' Rule) 339 A Brain Teaser to End All Brain Teasers 340 Notes and Questions 341 Capital Murder 341 The Constitutional and Policy Debate 341 Introductory Comment 341 Gregg v. Georgia 342 Notes and Questions 349 The Quest for Reliable Procedures 358 Introductory Comment 358 The Lingering Question of Racial Discrimination 359 McCleskey v. Kemp 359 Notes and Questions 364 Victim Impact Evidence 365 Payne v. Tennessee 365 Notes and Questions 372 Substantive Limitations on the Death Penalty 373 Capital Murder-Continued Tison u. Arizona 373 Notes and Questions 379 Rape 381 Overview 381 Rape (Sexual Assault) Statistics 381 U.S. Dept. Of Justice, Bureau Of Justice Statistics-Sex Offenses And Offenders 381 Notes and Questions 383 Social Context 385 Susan Estrich-Rape 385 Notes and Questions 386 Joshua Dressler-Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform 388 Notes and Questions 389 Variations on the Theme: Some Sexual Offense Statutes 391 Alabama Criminal Code 391 California Penal Code 392 Indiana Criminal Code 394 New Jersey Code of Criminal Justice 395 Title 18, Pennsylvania Consolidated Statutes 397 Forcible Rape 399 Force and Nonconsent 399 State v. Alston 399 Notes and Questions 403 How Much Force?: The Resistance Requirement 406 Rusk v. State 406 State v. Rusk 411 Notes and Questions 412 ''No'' (or the Absence of ''Yes'') as ''Force''? 419 Susan Estrich-Rape 419 Susan Ager-The Incident 420 Notes and Questions 422 Commonwealth v. Berkowitz 423 Notes and Questions 431 State of New Jersey in the Interest of M.T.S. 432 Notes and Questions 441 One Final Wrinkle: Withdrawn Consent 444 People v. John Z 444 Notes and Questions 450 Mens Rea 451 Commonwealth v. Sherry 451 Notes and Questions 453 Rape by Fraud or Non-physical Threats 458 Boro v. Superior Court 458 Notes and Questions 462 Rape Shield Laws 464 State V. Herndon 464 People V. Wilhelm 465 Notes and Questions 468 Statutory Rape 469 Garnett v. State 469 Notes and Questions 469 General Defenses to Crimes 474 Categories of Defenses 474 Paul H. Robinson-Criminal Law Defenses: A Systematic Analysis 474 Joshua Dressler-Justifications And Excuses: A Brief Review of the Concepts and the Literature 477 Notes and Questions 480 Burden of Proof 480 Patterson v. New York 480 Notes and Questions 489 Principles of Justification 491 Structure and Underlying Theories of Justification Defenses 491 1 Paul H. Robinson-Criminal Law Defenses 491 Joshua Dressler-Understanding Criminal Law 492 Self-Defense 494 General Principles 494 United States v. Peterson 494 Notes and Questions 499 ''Reasonable Belief Requirement 504 In General 504 People v. Goetz 504 Notes and Questions 510 The ''Reasonable Person'': Objective, Subjective, or a Mixed Standard? 518 State v. Wanrow 518 Notes and Questions 521 Battered Women, Battered Woman Syndrome and Beyond 525 State v. Norman 525 State v. Norman 530 Notes and Questions 533 Stephen J. Morse-The ''New Syndrome Excuse Syndrome'' 539 Notes and Questions 541 Defense of Others 543 People v. Kurr 543 Notes and Questions 546 Defense of Property/Habitation and Law Enforcement Defenses 547 People v. Ceballos 547 Notes and Questions 551 Tennessee v. Garner 553 Notes and Questions 560 Necessity (''Choice of Evils'') 562 General Principles 562 Nelson v. State 562 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 3.02 565 Notes and Questions 566 Civil Disobedience 568 United States v. Schoon 568 Notes and Questions 573 Defense to Murder? 574 Principles of Justification-Continued The Queen v. Dudley And Stephens 574 Notes and Questions 577 Principles of Excuse 581 Why Do We Excuse Wrongdoers? 581 Sanford H. Kadish-Excusing Crime 581 Joshua Dressler-Understanding Criminal Law 583 Notes and Questions 585 Duress 585 General Principles 585 United States v. Contento-Pachon 585 Notes and Questions 588 Necessity Versus Duress 594 People v. Unger 594 Notes and Questions 597 Defense to Murder? 599 People v. Anderson 599 Notes and Questions 605 Intoxication 605 Commonwealth v. Graves 606 Notes and Questions 610 Insanity 616 Procedural Context 616 Competency to Stand Trial 616 Pre-Trial Assertion of the Insanity Plea 618 Burden of Proof at Trial 619 Post-Trial Disposition of Insanity Acquittees 619 Sexual Predator Laws: A New Strategy for Civil Commitment 621 Why Do We Excuse the Insane?: Some Initial Thoughts 622 United States v. Freeman 622 Notes and Questions 622 Struggling for a Definition: The Tests of Insanity 624 State v. Johnson 624 American Law Institute, Model Penal Code and Commentaries Comment to [section] 4.01 628 Notes and Questions 629 M'Naghten and the Model Penal Code in Greater Detail 637 Knowing/Appreciating the ''Wrongfulness'' of One's Actions 637 State v. Wilson 637 Notes and Questions 645 Convincing the Jury: The Role of Experts 648 State v. Green 648 Notes and Questions 655 Should the Defense Be Abolished? 657 American Law Institute, Model Penal Code and Commentaries Comment to [section] 4.01 657 Notes and Questions 658 One Final Problem 660 Edgar Allan Poe-The Tell-Tale Heart 660 Notes and Questions 663 Principles of Excuse-Continued Diminished Capacity 664 Stephen J. Morse-Undiminished Confusion in Diminished Capacity 664 Notes and Questions 665 Clark v. Arizona 669 Notes and Questions 681 Infancy 682 In re Devon T. 683 Notes and Questions 689 New Defenses? 690 Euthanasia 690 Latimer v. The Queen 691 Notes and Questions 696 Yale Kamisar-Physician-Assisted Suicide: The Problems Presented by the Compelling, Heartwrenching Case 703 Notes and Questions 707 Addiction/Alcoholism Constitutional Defense 708 Robinson v. California 708 Notes and Questions 712 Powell v. Texas 713 Notes and Questions 723 ''Rotten Social Background'' (RSB) Defense 725 Richard Delgado-''Rotten Social Background'': Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation? 726 Notes and Questions 728 ''Cultural Defense'' 728 State v. Kargar 728 Notes and Questions 732 The Cultural Defense in the Criminal Law 733 Notes and Questions 737 Inchoate Offenses 739 Overview 739 American Law Institute-Model Penal Code and Commentaries, Comment to Article 5 739 Notes and Questions 740 Attempt 742 General Principles 742 Ira P. Robbins-Double Inchoate Crimes 742 Notes and Questions 742 Andrew Ashworth-Criminal Attempts and the Role of Resulting Harm Under the Code, and in the Common Law 744 Notes and Questions 746 Grading Criminal Attempts 747 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 5.05 747 Notes and Questions 747 Mens Rea 748 People v. Gentry 748 Notes and Questions 750 Bruce v. State 752 Notes and Questions 753 Actus Reus 755 General Principles 755 Attempt-Continued United States v. Mandujano 755 Notes and Questions 757 An Initial Effort at Drawing the Preparation-Perpetration Line 758 Notes and Questions 759 Distinguishing Preparation From Perpetration: The Tests at Work 759 Commonwealth v. Peaslee 759 Notes and Questions 761 People v. Rizzo 763 Notes and Questions 764 People v. Miller 765 Notes and Questions 766 State v. Reeves 768 Notes and Questions 773 Punishing Pre-Attempt Conduct 775 United States v. Alkhabaz 776 Notes and Questions 780 Special Defenses 783 Impossibility 783 People v. Thousand 783 Notes and Questions 790 Abandonment 797 Commonwealth v. McCloskey 797 Notes and Questions 800 Assault 801 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 211.1 801 Notes and Questions 802 Solicitation 804 State v. Mann 804 Notes and Questions 804 State v. Cotton 805 Notes and Questions 807 Conspiracy 809 General Principles 809 People v. Carter 809 Notes and Questions 810 Pinkerton v. United States 813 Notes and Questions 814 Mens Rea 818 People v. Swain 818 Notes and Questions 821 People v. Lauria 822 Notes and Questions 826 Actus Reus 828 Abraham S. Goldstein-Conspiracy to Defraud the United States 828 Notes and Questions 829 Commonwealth v. Azim 829 Notes and Questions 831 Commonwealth v. Cook 831 Notes and Questions 835 Conspiracy: Bilateral or Unilateral? 836 People v. Foster 836 Notes and Questions 839 Conspiracy-Continued Scope of an Agreement: Party and Object Dimensions 841 American Law Institute, Model Penal Code and Commentaries, Comment to [section] 5.03 841 Kilgore v. State 842 Notes and Questions 846 Braverman v. United States 848 Notes and Questions 849 Defenses 850 Iannelli v. United States 850 Notes and Questions 854 Gebardi v. United States 855 Notes and Questions 857 People v. Sconce 857 Notes and Questions 859 Liability for the Conduct of Another 860 Accomplice Liability 860 General Principles 860 Common Law Terminology and Its Significance 860 State v. Ward 860 Notes and Questions 861 Theoretical Foundation: Derivative Liability 862 ''Elements'' of Accomplice Liability: In General 863 State v. Hoselton 863 Notes and Questions 865 Mens Rea 867 Intent: ''Purpose'' or ''Knowledge''? 867 People v. Lauria 867 Notes and Questions 867 When Is ''Intent'' Not Required? 870 Offenses Not Requiring Intent 870 Riley v. State 870 Notes and Questions 874 Natural-and-Probable-Consequences Doctrine 875 State v. Linscott 875 Notes and Questions 878 Attendant Circumstances 879 Actus Reus 880 State v. Vaillancourt 880 Notes and Questions 882 Wilcox v. Jeffery 883 Notes and Questions 885 State v. Helmenstein 885 Notes and Questions 887 People v. Genoa 890 Notes and Questions 891 Distinguishing Direct From Accomplice Liability 892 Bailey v. Commonwealth 892 Notes and Questions 895 Relationship of the Liability of the Accomplice to the Principal 896 If the Principal Is Acquitted 896 United States v. Lopez 896 Accomplice Liability-Continued Notes and Questions 898 If the Principal Is Convicted 899 People v. McCoy 899 Notes and Questions 901 Limits to Accomplice Liability 901 In re Meagan R. 901 Notes and Questions 903 People v. Brown 903 Notes and Questions 905 Conspiracy Liability 906 Pinkerton v. United States 906 Notes and Questions 906 Vicarious Liability 906 Commonwealth v. Koczwara 906 Notes and Questions 911 Corporate Liability 912 American Law Institute-Model Penal Code and Commentaries, Comment to [section] 2.07 912 State v. Christy Pontiac-GMC, Inc. 912 Pamela H. Bucy-Corporate Ethos: A Standard for Imposing Corporate Criminal Liability 916 Notes and Questions 918 John C. Coffee, Jr.-''No Soul To Damn: No Body to Kick'': An Unscandalized Inquiry Into the Problem of Corporate Punishment 920 Notes and Questions 925 Theft 928 Introductory Comment 928 Larceny 929 Actus Reus 929 ''Trespassory Taking (Caption) and Carrying Away (Asportation) * * *'' 929 Lee v. State 929 Rexv. Chisser 930 Notes and Questions 930 United States v. Mafnas 931 Notes and Questions 932 Topolewski v. State 934 Rex v. Pear 938 Notes and Questions 939 Brooks v. State 939 Notes and Questions 941 ''* * * of the Personal Property of Another * * *'' 941 Lund v. Commonwealth 941 Notes and Questions 944 Mens Rea: '' * * * With the Intent to Steal the Property'' 945 People v. Brown 945 Notes and Questions 946 People v. Davis 949 Notes and Questions 953 Embezzlement 953 Rex v. Bazeley 953 Notes and Questions 957 False Pretenses 957 People v. Ingram 957 Notes and Questions 958 People v. Whight 959 Notes and Questions 962 Federal Mail, Wire, and Computer Fraud 962 United States v. Czubinski 962 Notes and Questions 969 Model Penal Code 970 Index 1039
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