CRIMINAL LAW: CASES, MATERIALS, AND LAWYERING
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.CRIMINAL LAW:CASES, MATERIALS, ANDLAWYERING STRATEGIESThird Edition
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.LEXISNEXIS LAW SCHOOL ADVISORYBOARDPaul CaronProfessor of LawPepperdine University School of LawHerzog Summer Visiting Professor in TaxationUniversity of San Diego of LawOlympia DuhartProfessor of Law and Director of Lawyering Skills & Values ProgramNova Southeastern University, Shepard Broad Law SchoolSamuel EstreicherDwight D. Opperman Professor of LawDirector, Center for Labor and Employment LawNYU School of LawSteve I. FriedlandProfessor of Law and Senior ScholarElon University School of LawJoan HeminwayCollege of Law Distinguished Professor of LawUniversity of Tennessee College of LawEdward ImwinkelriedEdward L. Barrett, Jr. Professor of LawUC Davis School of LawPaul MarcusHaynes Professor of LawWilliam and Mary Law SchoolJohn SpranklingDistinguished Professor of LawMcGeorge School of LawMelissa WereshDirector of Legal Writing and Professor of LawDrake University Law School
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.CRIMINAL LAW:CASES, MATERIALS, ANDLAWYERINGSTRATEGIESTHIRD EDITIONDavid CrumpJohn B. Neibel Professor of LawUniversity of Houston Law CenterNeil P. CohenRetired W.P. Toms Distinguished Professor of Law, andUTK Distinguished Professor of Law,University of Tennessee College of LawJohn T. ParryProfessor of LawLewis & Clark Law SchoolPenelope PetherLate Professor of LawVillanova University School of Law
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.Library of Congress Cataloging-in-Publication DataCrump, David, author.Criminal law : cases, materials, and lawyering strategies / David Crump, John B. Neibel Professor of Law,University of Houston Law Center; Neil P. Cohen, retired W.P. Toms Distinguished Professor of Law andUTK Distinguished Professor of Law, University of Tennessee College of Law; John T. Parry, professor oflaw, Lewis & Clark Law School; Penelope Pether, professor of law, Villanova University School of Law. -Third edition.pages cmIncludes index.ISBN 978-0-7698-8270-31. Criminal law--United States. I. Cohen, Neil P., author. II. Parry, John T., 1964- author. III. Pether,Penelope, author. IV. Title.KF9219.C7574 2013345.73--dc232013041282Casebook ISBN: 978-0-7698-8270-3Looseleaf ISBN: 978-0-7698-8271-0ISBN: 978-0-7698-8273-4 (eBook)This publication is designed to provide authoritative information in regard to the subject matter covered. It is soldwith the understanding that the publisher is not engaged in rendering legal, accounting, or other professionalservices. If legal advice or other expert assistance is required, the services of a competent professional shouldbe sought.LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used underlicense. Matthew Bender and the Matthew Bender Flame Design are registered trademarks of Matthew BenderProperties Inc.Copyright 2013 Matthew Bender & Company, Inc., a member of LexisNexis. All Rights Reserved.No copyright is claimed by LexisNexis or Matthew Bender & Company, Inc., in the text of statutes, regulations,and excerpts from court opinions quoted within this work. Permission to copy material may be licensed for a feefrom the Copyright Clearance Center, 222 Rosewood Drive, Danvers, Mass. 01923, telephone (978) 750-8400.NOTE TO USERSTo ensure that you are using the latest materials available in this area, please besure to periodically check the LexisNexis Law School web site for downloadableupdates and supplements at www.lexisnexis.com/lawschool.Editorial Offices121 Chanlon Rd., New Providence, NJ 07974 (908) 464-6800201 Mission St., San Francisco, CA 94105-1831 (415) 908-3200www.lexisnexis.com(2013–Pub.3188)
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.DedicationsThe Third Edition is dedicated to our friend and coauthor Professor Penny Pether, whopassed away from a lengthy and difficult illness during its preparation. We miss herenergy, warmth, and substantial intellectual abilities. Although her extended illnessprevented her from participating in this edition, the book continues to reflect her manycontributions as well as her insight and judgment. We miss her very much and hope shehas found peace.David CrumpNeil CohenJohn ParryAdditional DedicationsPenny Pether submitted the following dedication before her death:For Professor David S. Caudill, with sincere thanks and profound gratitude; for myremarkable students, with genuine affection; and for my co-authors, for pulling myweight as well as theirs in this shocker of a year.From John Parry:To my familyFrom Neil Cohen:To my newest daughter, Colleen Kennedy Cohen, and Orphans everywhere.From David Crump:To Susanne.iii
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.AcknowledgmentsFor the Third Edition, we are grateful for the outstanding research assistance of JenniferKristiansen (Lewis & Clark Law School) and Guy Noyes (University of San FranciscoLaw School), to Dean Ron Micon of the University of San Francisco Law School forgenerous support of the project, and to Lisa Frenz and Sue Page at Lewis & Clark LawSchool for their invaluable help with the manuscript.v
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEWe Wanted to Create a Different Kind of Criminal Law Casebook from those thatare already on the market. But at the same time, we wanted a familiar organization, withall of the subjects that are part of a traditional casebook.Traditional Organization and Coverage. This casebook contains all of the subjects thatought to be covered in a first course in Criminal Law. The elements of crimes, actus reusand mens rea receive thorough coverage. The basic crimes, including homicide, sexualassault (or rape), theft, and related offenses, are there. The book covers multiple partycrimes and preparatory offenses. Sentencing receives a major chapter. And thejustification and legality of the criminal law, including constitutional limits on crimedefinition and the relationship between crimes, harm, and morals, are all covered.There is one important innovation in our organization. We have designed the book so thatthe professor can start the course either with homicide or with the elements of crimes.Various casebooks on the market reflect each of these starting points, but we believe oursis the only one consciously designed to provide the professor with a choice. Some of us,the authors, believe in starting with a concrete body of crime definitions, and this groupprefers to begin with homicide. On the other hand, some of us prefer to begin with crimeelements, or in other words, with the framework of mens rea, actus reus, circumstances,causation, and harm, before going to specific crimes. Either way makes sense, and eitherway is convenient with this casebook.At the very beginning of the book, there is a short introductory chapter on“Fundamentals” that facilitates either the homicide-first or the elements-first approach.That chapter (Chapter 1) briefly provides tools for understanding the rest of the book.Chapter 2 (the first major chapter) is about homicide, and those who want to considerhomicide first will proceed in that order. Chapter 3 covers elements of crimes,concentrating on mens rea and actus reus, and those who want that approach will skipfrom Chapter 1 to Chapter 3, and they will take up homicide, in Chapter 2, after Chapter3. The book is set up so that either approach is easy.Special Features: Introductions, Explanations, Current Cases, Statutes, CuttingEdge Problems, Useful Notes, Newspaper Review Cases, and Simulation Exercises— All in a Compact Book. Traditional coverage and organization were important to us,but they definitely were not all that we wanted. Our casebook contains many features thatare unusual, as well as some that are unique. We think that these features will enable theprofessor to do more for students: To develop the theoretical aspects of the subject ingreater depth, while at the same time showing how Criminal Law really works. Here aresome of the features that make this casebook special:1. Compactness. This casebook is one of the shortest casebooks on the market. Weachieved this feature by carefully editing the cases so that they contain the fullbackground that is needed but so that unrelated material is excised. And we didthe same with our introductions, explanations, notes, and problems. We wantedour materials to be lean and effective, and we worked hard to keep them concise.2. Cutting-Edge Problems. A professor can use the problem method in teachingfrom our casebook, as well as using cases. Most chapters cover each importanttopic with problems that challenge the student to put together doctrines fromvii
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEgroups of cases and to answer questions about current, controversial situations.The more advanced problems are based on real cases: reported decisions,newspaper articles, and cases that the authors handled. Each problem has a“tease” in its heading that alerts the reader to both the legal issues and the factualcontext.3. Current Cases, Carefully Edited. This casebook emphasizes recent cases. Wehave tried, when possible, to use decisions from the 2000’s, and failing that, wehave preferred cases from the 1990’s. Usually, recent cases exhibit variouspedagogical advantages: more relevant situations, more current policy conflicts,and modern language. Students seem to appreciate cases that were decided afterthey were born, and we want students’ interest to ascend to the highest levelpossible. Furthermore, it usually is not necessary to sacrifice the development ofthe law when using up-to-date cases, because the better examples of recent cases(the ones we have selected) usually summarize historical concerns whenrelevant, as well as the governing principles of today. We have not, however,concentrated only on recent cases. Sometimes a slightly older opinion is better,and then, that is the one we have put in the casebook. Also, there are some mucholder cases that still are foundations of the law: M’Naghten’s Case in the insanitycoverage; Pinkerton v. United States in the conspiracy and accomplice materials.Those cases are included, of course. But unless there were reasons to thecontrary, we selected current cases.4. Reading Statutes: Assistance and Encouragement. Our casebook encouragesstudents to read statutes and concentrate on their elements, because criminal lawis statutory in most states today. Chapter 1 explores the differences that thisstatutory basis makes. Later chapters contain problems that require students tobreak statutes down carefully into their elements. An appendix to the elementschapter (Chapter 3) develops the logic of statutes, as well as examples ofinterpretive methods. Excerpts from the Model Penal Code are contained in anAppendix (“Appendix A”); throughout the book, conspicuously formattedinstructions direct the reader to study sections from the MPC corresponding tothe subjects at hand. Experience shows that this casebook will prompt studentsto concentrate on statutes and to read them with a different method than cases.5. Introductions and Explanations. Class meetings are better if students haveunderstood and absorbed the basics before they come to class. The professorneed not spend valuable class time in establishing simple propositions, andeveryone can advance to more interesting subjects: current issues, ambiguoussituations, and lawyers’ strategies. For this reason, our casebook introducesevery subject with explanations of the underlying principles, the history, and thedoctrinal ambiguities. Students need not rely solely on ancient cases to absorbthe distinctions among larceny, false pretenses, and embezzlement; the cases arethere, to illustrate the differences and to provide challenges, but so are the historyand theory, explained in clear text. We have included the same kinds ofexplanations about the structures of homicide laws, the ingredients of actus reus,and the determinants of sentences; and in fact, we have tried to precede everyimportant doctrine by a textual introduction with explanations.6. Optional Simulation Exercises That Can Develop Strategic Thinking. Eachcoauthor of this book has had experience as a criminal lawyer. Some of us wereviii
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEdefense lawyers, some were prosecutors, and some have practiced on both sides.We are familiar with the distinct kinds of thinking that guide lawyers in strategydecisions: in papering an indictment, for example, or in attacking it. A goodcriminal lawyer knows how to deconstruct an appellate opinion, but a goodcriminal lawyer also knows that case law is only the starting point. Decisionsabout strategy cannot be made solely from reading cases. For that reason, wehave included twelve lawyering strategy puzzles that (for want of a better name)we have called “Simulation Exercises.”The Simulation Exercises call for various lawyering competencies. They rangefrom attacking a Pre-Sentence Report to delivering a jury argument and fromarguing a Motion for Judgment of Acquittal to drawing up a proposed court’scharge. The Simulation Exercises are keyed to “Case Files” in Appendix B to thecasebook, which contains materials based on actual cases. The Case Files featuremurder, burglary, rape, and white-collar bank fraud charges. Students who usethese Case Files will be exposed to the realities of Criminal Law. The homicideCase File, for example, reproduces police reports, an autopsy report, laboratoryresults, statements, and a confession. In designing these Simulation Exercises,we made sure to reflect a variety of chapters, from the homicide coverage to thesentencing materials, and we also wanted to develop differing lawyeringactivities, from document analysis and counseling to fact argument and negotiation.We need to stress, however, that the Simulation Exercises are optional. Aprofessor can decide to use none of them, simply by directing students to omitthem. They appear at the ends of chapters and are not integral to the rest of thematerials. We think many professors, however, will want to use several of them,and some professors may use them all. There is no substitute for the expandedawareness, newly developed abilities, and genuine excitement that students gainfrom successful use of these Simulations. Furthermore, students who perform theSimulations tend to understand the other materials in the book better, includingthe most highly theoretical coverages.7. “Newspaper” Review Cases. Each major chapter contains a set of reviewproblems at its end, requiring the student to put the chapter together and to applythe principles learned from it. Because students respond well to situations thatare real, these problems are all based on recent reports from newspapers.Questions accompany each newspaper report to focus attention on doctrinesrelevant to the case. This is a powerful device for helping students to consolidateand apply what they have learned, and usually, the newspaper review problemsare among the high points of a given chapter.8. Useful Notes, with Descriptive Headings. The functions of notes that follow acase are to facilitate understanding of the case, to provide variations or newinformation, or to challenge students with targeted questions. We have tried ourbest to make our notes useful for these functions. In particular, we have tried toavoid what we call the “question cloud” method of writing notes: arrangementsof disconnected questions that do not make their relationship to the surroundingmaterials clear.We tried instead to target our notes so that they help develop understanding andretention. Every note begins with a brief but descriptive heading that tells whatix
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEit is about. The notes are self-contained. We adopted the convention ofexplaining every case cited in the notes sufficiently to make it meaningful,without assuming that the student will do legal research to understand each note.Also, we tried to focus each note around one or two targeted questions, ratherthan producing “question clouds.” In summary, we hope that we have written ournotes so that they are useful.Expanded Coverage: The Burden of Proof, Sentencing Law, Controlled Substances(Drugs), White Collar Offenses, Terrorism, Domestic Violence, Stalking, PleaBargaining, Victims’ and Survivors’ Interests, Non-Criminal Crime Reduction, andOther Subjects. In addition to these special features, our casebook contains expandedcoverage of subjects that many casebooks omit or treat only briefly. Here are someexamples:1. More Extensive Coverage of the Requirement of Proof Beyond a ReasonableDoubt. The burden of proof is a transforming aspect of the criminal law. It ispossible, for example, for a legislature to enact a statute that “looks good” onpaper but that is ineffective, because the crime it defines cannot be proved incourt in accordance with the rigorous standard that controls criminal trials.Conversely, a well written statute is one that has been designed with the proofburden as a major consideration. Unfortunately, this phenomenon is not easy tounderstand. Students come to the Criminal Law course having already heard thephrase, “beyond a reasonable doubt,” but its meaning remains surprisinglyelusive. The fictional crime shows or books that furnish most people’s background knowledge rarely depend on proof standards, because fiction must reflectdramatic compression. Consequently, if the full implications of the burden ofproof are not carefully developed, students will emerge from the course withpoor understanding of either theory or reality. Therefore, we devote a chapter —not one of our longer chapters, but a serious chapter nonetheless — to themeaning and implications of the burden of proof. Students find this chapterfascinating, first because of counterintuitive examples of real crimes that remainunprovable, then because of the puzzles that accompany the definition of theburden of proof, next because of the ethical dilemma that the burden represents,and finally because each of the familiar types of evidence used to prove crimesexhibits serious flaws. All of these issues are treated compactly but meaningfully.2. Sentencing Law, as Well as Sentencing Philosophy. We also provide expandedcoverage to the law of sentencing. James Q. Wilson famously observed that inmost criminal cases the real question is sentencing, not guilt or innocence. Itfollows that without serious attention to the law of sentencing, a casebook willproduce only a partial exposure to Criminal Law even if its definition of crimesand defenses is sound. Most Criminal Law casebooks today, including this one,cover sentencing philosophy — deterrence, incapacitation, rehabilitation andretributive justice — but most contain little coverage of the law of sentencing.Our casebook certainly exposes students to sentencing philosophy, but it coversthe law of sentencing, too. It develops the sentencing options that are available,such as probation, probation conditions, fines, incarceration, parole, diversion,clemency, and other variations, and it illustrates the legality and use of theseoptions with cases and problems.We also wanted to include thorough coverage of the comparison betweenx
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEdeterminate and discretionary sentencing. Along with that, we wanted ourcasebook to contain coverage of the Federal Sentencing Guidelines, coveragethat went beyond a note announcing their existence. Therefore, our coverageshows how the Guidelines work and allows students to learn how to compute asentence under the Guidelines as well to interpret their ambiguities. TheGuidelines are advisory today, but courts still must consult them, and most actualsentences comport with the Guidelines. Our aim is to produce students who notonly understand sentencing philosophy, but also can argue about conditions ofprobation, propose an alternative sentence to a judge that will minimizeincarceration, and understand the promises and perils of determinate models.3. Contraband: Controlled Substances (Drugs) and Other Prohibited Items. Ashort and optional — but also important — chapter in this casebook coverscrimes involving contraband such as drugs and weapons. These crimes are amajor component of actual court dockets, and in some jurisdictions, they are thebiggest component. The law that governs these crimes is different in conceptfrom the law that governs other kinds of crimes. For these reasons, our casebookexposes students to a typical statutory framework by including excerpts from theUniform Controlled Substances Act, and we use problems or cases to explore themeaning and proof of crimes that include manufacturing, delivery, distribution,precursors, imitations, and possession. The chapter also includes materials thatfacilitate debate of the question whether criminalizing drugs is the best policy, aswell as the impact of drug crimes on race and gender issues.4. Other Coverages: White Collar Offenses, Domestic Violence, Stalking, andTerrorism. Another optional chapter includes brief but focused coverage ofwhite collar offenses and of the features that make them different. It also exploressolutions to the problems of domestic violence and stalking in a way that iscompact but that will help students confront the real issues. Finally, the law ofterrorism has expanded so that it is an appropriate subject of the Criminal Lawcourse today. Our coverage of terrorism is short (it appears at the end of thechapter on contraband), but it shows students the statutory framework of criminalanti-terrorism laws, covers a selected variety of terrorism-related crimes, andhighlights the due process and separation of powers challenges that face anyonetrying to deal with anti-terrorism offenses.5. Perspectives: Non-Criminal Means of Crime Reduction, Victims’ and Survivors’ Interests, Plea Bargaining, Competencies in the Criminal Law, and thePersonal Dimension. Our casebook contains an optional chapter entitled“Perspectives,” which explores other influences on the Criminal Law. First, thecriminal sanction is expensive and heavy-handed, and good lawmakers oftomorrow will rely increasingly on other means of reducing crime. Our coverageranges from regulatory methods to broken-windows theories to architecturaldesign. Second, crime victims and survivors are no longer so neglected as theyonce were. Our coverage explores the claims and demands of crime victims andsurvivors and considers the implications. Third, most cases are settled by guiltyplea agreements today, and a casebook that neglected this issue would beseriously incomplete. Our casebook describes the phenomenon, explores theunderlying reasons, and considers safeguards and procedures for conviction byguilty plea. Fourth, the competencies needed for the practice of criminal law gofar beyond the ability to read cases and statutes, and our coverage includesxi
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.PREFACEmaterials that describe and explore those competencies. Finally, it is not alwayseasy for criminal lawyers (or for lawyers in any specialty) to find satisfaction andto live full lives, and we address this issue in Appendix C.6. Modular Construction: Selection and Omission of Optional Materials. Fewprofessors will want to use every one of our features or expanded coverages.Even with a compact book, the number of hours devoted to the Criminal Lawcourse will not permit it. Therefore, we have designed this casebook withfrequent use of “modular construction”: sections and chapters that are readilyidentifiable for either inclusion or omission. For example, extra materials aboutthe logic of reading statutes are contained in an appendix to the chapter on crimeelements. Our coverage of the mechanics of the Federal Sentencing Guidelinesis concentrated at the end of the sentencing chapter. The Perspectives chapter andits five sections are set off separately, as is the chapter on contraband andterrorism. It should be easy for a professor to describe to students the parts of thiscasebook that are to be omitted or included.A Classroom-Tested Book That Helps the Study of Criminal Law Become “SeriousFun.” The fundamental ingredients of this casebook have been classroom-tested multipletimes. Experience shows that the casebook can make the study of criminal law fascinatingto students and, at the same time, help them expand their understanding of both the theoryand the reality of the subject. We hope that you and your students will enjoy and benefitfrom it as much as we have enjoyed writing it.***David Crump, John B. Neibel Professor of Law, University of Houston Law CenterNeil P. Cohen, Retired W.P. Toms Professor of Law, and UTK Distinguished Professorof Law, University of Tennessee College of LawJohn T. Parry, Professor of Law, Lewis & Clark Law Schoolxii
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.Summary Table of ContentsChapter 1FOUNDATION CONSIDERATIONS: STATUTES, CRIMES,PROOF, PROCESSES, AND PURPOSES . . . . . . . . . . . . . . . . . 1Chapter 2HOMICIDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Chapter 3THE ELEMENTS OF CRIMES: ACTUS REUS AND MENSREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137Chapter 4THE BURDEN OF PROOF BEYOND A REASONABLEDOUBT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .245Chapter 5ASSAULT, SEXUAL ASSAULT, AND RELATEDOFFENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293Chapter 6GENERAL DEFENSES TO CRIMES . . . . . . . . . . . . . . . . . . 363Chapter 7THEFT AND RELATED PROPERTY CRIMES . . . . . . . . . . 485Chapter 8PROPERTY CRIMES THAT THREATEN PERSONALSECURITY: ROBBERY, EXTORTION, AND BURGLARY . 529Chapter 9SENTENCING: THEORY AND PRACTICE . . . . . . . . . . . . 551Chapter 10PREPARATORY CRIMES . . . . . . . . . . . . . . . . . . . . . . . . . 645Chapter 11COMPLICITY: MULTIPLE-PARTY COMPLETEDCRIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 705Chapter 12OTHER CRIMES: CONTRABAND AND TERRORISM . . 745Chapter 13THE LEGALITY AND JUSTIFICATION OF CRIMINALLAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 775Chapter 14PERSPECTIVES: NON-CRIMINAL METHODS, VICTIMS’INTERESTS, PLEA AGREEMENTS, AND LAWYERCOMPETENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 809Appendix AEXCERPTS FROM THE MODEL PENAL CODE . . . . . .Appendix BCASE FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 893Appendix CTHE PERSONAL DIMENSION OF LAWYERING — OR“CAN A CRIMINAL LAWYER BE COMPETENT,DILIGENT, PROFESSIONAL, SUCCESSFUL, ANDALTRUSTIC . . . AND ALSO LIVE A FULL LIFE?” . . . . 937Appendix DEXCERPTS FROM THE FEDERAL SENTENCINGGUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 963xiii851
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.Summary Table of ContentsTable of Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TC-1Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1xiv
Copyright 2013 Carolina Academic Press, LLC. All rights reserved.TABLE OF CONTENTSChapter 1§ 1.01§ 1.02§ 1.03[A][B]§ 1.04§ 1.05§ 1.06§ 1.07FOUNDATION CONSIDERATIONS: STATUTES, CRIMES,PROOF, PROCESSES, AND PURPOSES . . . . . . . . . . . . . . 1INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1CIVIL AND CRIMINAL LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1THE PURPOSES OF THE CRIMINAL LAW: WHY CRIMINALIZE? ANDWHY PUNISH? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Measuring Appropriate Sentences: The Theories That Guide the CriminalSanction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Notes on Deterrence, Incapacitation, Rehabilitation, and RetributiveJustice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3United States v. Blarek [and Pellecchia] . . . . . . . . . . . . . . . . . . . . . 4Notes and Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7The Creation of Criminal Prohibitions: Harm, Morality, Symbolism,Legality, and Pragmatism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Notes on Defining Crimes: What Should (Or Can) We Criminalize? . . 8Problem 1A (The Decision to Criminalize): For a Motorcycle HelmetLaw, Is the Issue Freedom — or Is It Public Safety? . . . . . . . . . . . . 10SOURCES OF CRIMINAL LAW: THE PRIMACY OF STATUTES . . . . 12People v. Latour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Notes and Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Keeler v. Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Notes and Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19TWO TYPES OF CRIME ELEMENTS: “MENS REA” AND “ACTUSREUS” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Notes on Mens Rea and Actus Reus . . . . . . . . . . . . . . . . . . . . . . . . . 21United States v. Zandi . . . . . . . . .
UTK Distinguished Professor of Law, University of Tennessee College of Law; John T. Parry, professor of law, Lewis & Clark Law School; Penelope Pether, professor of law, Villanova University School of Law. --Third edition. pages cm Includes index. ISBN 978-0-7698-8270-3 1. Criminal law--Unit
DRESSLER CRIMINAL LAW OUTLINE I. INTRODUCTORY POINTS A. Sources of Criminal Law. 1. Common Law. 2. Statutes Derived from Common Law. 3. Model Penal Code. 4. (Bill of Rights) B. Criminal Law v. Civil Law 1. Criminal a. Defendant is punished (incarcerated) b. The criminal conviction itself say
Criminal Law and Procedure 4-1 Criminal Law 4-2 Criminal Procedure. . Chapter 4 SLIDE 2 4-1 Criminal Law GOALS Understand the three elements that make up a criminal act Classify crimes according to the severity of their potential sentences Identify the types of crimes that affect business. LAW for Business and Personal Use
Compare criminal law and criminal procedure. This book focuses on. criminal law. 2, but it occasionally touches on issues of. criminal procedure. 3, so it is important to differentiate between the two. Criminal law generally defines the. rights. and. obligations. of individuals in society. S
BiH Bosnia and Herzegovina CIDS Centre for Integrity in the Defence Sector of Norway CC Criminal Code of Serbia CLB Criminal Law of the BiH CLFBiH Criminal Law of the FBiH CLRS Criminal Law of the Republic of Srpska CoE Council of Europe CPC Criminal Procedure Code of Serbia CPLB Criminal Procedure Law of BiH ECtHR European Court of Human .
Criminal Procedures (with Delmas-Marty, CUP, 2002) and many articles related to the EU and criminal law and comparative criminal law and criminal procedure. He was a consultant to Lord Justice Auld's Review of the Criminal Courts (2001) and a member of the group that produced the Corpus Juris Project (1997). He holds a Cambridge LLD.
Chapter 1 Basic Provisions of Criminal Procedure. Section 1. Purpose of the Criminal Procedure Law . Section 4. Power of the Criminal Procedure Law in Time . The order of criminal proceedings shall be determined by the criminal procedure legal norm that is in effect at the moment of the performing of the procedural activity.
INTRODUCTION TO LAW MODULE - 3 Public Law and Private Law Classification of Law 164 Notes z define Criminal Law; z list the differences between Public and Private Law; and z discuss the role of Judges in shaping Law 12.1 MEANING AND NATURE OF PUBLIC LAW Public Law is that part of law, which governs relationship between the State
Walking is mainly on rough paths, tracks and grass, which may be muddy at times. There are two stiles and four kissing gates and some short steep slopes, but generally gently undulating. The walk starts close to Moor Park station on the Metropolitan line and ends at Hatch End station with trains to Euston and Harrow & Wealdstone. The highlights of this walk are the Old Furze Wood, the 97 .
