Principles Of Criminal Law - Pearson

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Seventh EditionPrinciples of Criminal LawCliff Roberson LLM, Ph.D.Professor Emeritus, Washburn University, Topeka, Kansas and Professor ofCriminology (Ret.) California State University, FresnoMichael D. O’ReilleyJD Deputy Attorney General (Ret.) State of California Adjunct ProfessorCalifornia State University, East Bay330 Hudson Street, NY NY 10013A01 ROBE6282 07 SE FM.indd 110/08/18 9:39 AM

Vice President, Portfolio Management: Andrew GilfillanPortfolio Manager: Gary BauerEditorial Assistant: Lynda CramerProduct Marketing Manager: Heather TaylorDirector, Digital Studio and Content Production:Brian HylandManaging Producer: Jennifer SargunarContent Producer: Rinki KaurManager, Rights Management: Johanna BurkeManufacturing Buyer: Deidra HeadleeCreative Digital Lead: Mary SienerFull-Service Management and Composition: IntegraSoftware Services Pvt. Ltd.Full-Service Project Manager: Ashwina RagounathCover Design: Studio MontageCover Photos: Arina P Habich/ShutterstockPrinter/Binder: LSC Communications, Inc./KendallvilleText Font: SabonLTProCover Printer: Phoenix ColorCopyright 2020, 2016, 2012 by Pearson Education, Inc. publishing as Prentice Hall. All Rights Reserved. Manufactured in the UnitedStates of America. This publication is protected by copyright, and permission should be obtained from the publisher prior to any prohibitedreproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, orotherwise. For information regarding permissions, request forms, and the appropriate contacts within the Pearson Education Global Rightsand Permissions department, please visit www.pearsoned.com/permissions/.Acknowledgments of third-party content appear on the appropriate page within the text.PEARSON and ALWAYS LEARNING are exclusive trademarks owned by Pearson Education, Inc. or its affiliates in the U.S. and/or other countries.Unless otherwise indicated herein, any third-party trademarks, logos, or icons that may appear in this work are the property of their respectiveowners, and any references to third-party trademarks, logos, icons, or other trade dress arefor demonstrative or descriptive purposes only. Suchreferences are not intended to imply any sponsorship, endorsement, authorization, or promotion of Pearson’s products by the owners of suchmarks, or any relationship between the owner and Pearson Education, Inc., authors, licensees, or distributors.Library of Congress Cataloging-in-Publication Data[TK]118ISBN-10:0-13-518628-5ISBN-13: 978-0-13-518628-2A01 ROBE6282 07 SE FM.indd 210/08/18 9:39 AM

Brief ContentsP R E FAC ExiiiChapter 1Introduction to Criminal LawChapter 2Criminal LiabilityChapter 3Requirement of an ActChapter 4Inchoate or Anticipatory CrimesChapter 5Defenses81Chapter 6Homicide112Chapter 7Sex CrimesChapter 8Crimes Against PersonsChapter 9Theft and Property CrimesChapter 10Robbery, Extortion, and BriberyChapter 11Crimes Against HabitationChapter 12Crimes Against Public MoralsChapter 13Narcotics and Alcohol CrimesChapter 14Crimes of AbuseChapter 15White-Collar and Organized CrimesChapter 16PunishmentsAPPENDIXGLOSSARYCASE 0SUBJECT INDEX314iii A01 ROBE6282 07 SE FM.indd 310/08/18 9:39 AM

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ContentsP R E FAC ExiiiChapter 1Introduction to Criminal LawIntroduction 2Origins of Criminal Law 31Common Law 3Development of Common Law 4Principles of Criminal ResponsibilityMorals Versus Law 65Use of Sanctions to Regulate Morality and Societal Rules 6Classification of Crimes7Substantive or Procedural Law 8Felony or Misdemeanor 8Administrative Crimes 9Crimes and Torts Distinguished 10Public and Private Laws and WrongsCase Law1010Precedent 11Stare Decisis 11Statutory Law 11Model Penal Code 12Reform of Criminal Law 12Police Powers of Government 13Punishment 15Summary 16 Additional Assignments 16 Review Practicum 17 Questions in Review 17 Notes 17Chapter 2Criminal Liability 18Introduction 19Bill of Rights 19Due Process 21Eighth Amendment 22Jurisdiction 23Limits on Jurisdiction 24Jurisdiction over the Person 24State and Federal Jurisdiction 24Venue 24Social Harm 25Right To Privacy 26Legality 27v A01 ROBE6282 07 SE FM.indd 510/08/18 9:39 AM

Equal Protection 29Double Jeopardy 29Doctrine of Merger 30Summary 32 Additional Assignments 33 Review Practicum 33 Questions in Review 33 Notes 33Chapter 3Requirement of an ActIntroduction 35Act—Actus Reus 3534Voluntary Acts 36Acts of Omission 36Requirements of a Voluntary Act37Legal Duty 40Intent—Mens Rea 42General Intent 43Specific Intent 43Constructive Intent 44Criminal Negligence 44Transferred Intent 45Strict Liability Crimes 45General Requirements of Culpability 46Joinder of Intent and Act 49Causation 49Presumptions 52Summary 53 Additional Assignments Review 54 Notes 55Chapter 4Inchoate or Anticipatory CrimesIntroduction 57Solicitation 57The Elements of Solicitation 6054 Questions in56The Intent That Another Party Commit a Crime 60Asking, Encouraging, or Requesting Another to Commit a Crime 60Special Problems in Solicitation 60Double Jeopardy 61Conspiracy61Penal Law of New York State, Section 105.00 Conspiracy in the Sixth Degree 61Penal Law of New York State, Section 105.17 Conspiracy in the First Degree 61Penal Law of New York State, Section 105.25 Conspiracy; Jurisdictionand Venue 62Penal Law of New York State, Section 105.30 Conspiracy; No Defense 62The Elements of Conspiracy 63Special Problems in Conspiracy 65Accomplices and Accessories 66The Elements of the Crime of Accomplice 69The Elements of the Crime of Accessory 70Special Problems with Accomplices 70Special Problems with Accessories 70Summary of Accomplices and Accessories 70Contents vi A01 ROBE6282 07 SE FM.indd 610/08/18 9:39 AM

Attempts71The Elements of Attempt 73Special Problems in Attempt 74Comparing Inchoate CrimesAttempt 76Solicitation 77Conspiracy 77Accomplices/Accessories7677Multiple Convictions of Inchoate Crimes Related to the Same CrimeSummary 78 Additional Assignments 79 Questions in Review 79 Notes 79Chapter 5Defenses 81Introduction 82Criminal Responsibility7883Infancy 83Insanity 84Diminished Responsibility 88Diminished Responsibility under U.S. Insanity Defense Reform Act 89Intoxication 92Syndromes/Disorders 92Justification and Excuse 94Self-Defense 95Defense of Others 97Defense of Property 98Duress 99Necessity 101Use of Force in Making Arrests 102Resisting Unlawful Arrest 103Mistake 104Consent 104Entrapment 104Procedural Defenses 106Double Jeopardy 106Statute of Limitations 106Selective Prosecution 108Summary 109 Additional Assignments 110Questions in Review 110 Notes 110Chapter 6   Practicum110 Homicide 112Murder 113Elements of Murder 114Degrees of Murder 118Serial Murderers 118Felony Murder121Elements of Felony Murder 121Voluntary Manslaughter 126The Elements of Voluntary ManslaughterInvoluntary Manslaughter126130Elements of Involuntary Manslaughter 130Contentsvii A01 ROBE6282 07 SE FM.indd 710/08/18 9:39 AM

Negligent Manslaughter 131Elements of Negligent Manslaughter 131Special Problems in Homicide133Victim Must Be a Living Human Being 133Death Must Occur within a Year and a Day 133Suicide 133Euthanasia 135Comparing and Contrasting Homicides 136Murder 136Voluntary Manslaughter 136Involuntary Manslaughter 136Negligent Manslaughter 136Summary 137 Additional Assignments 137Practicum 137 Questions in Review 138 Notes 138Chapter 7 Sex Crimes 140Rape 141Elements of Rape 142Corroborative Evidence in Rape Cases 148Summary of Rape 148Sodomy and Oral Copulation150Elements of Sodomy 151Oral Copulation 151Summary of Sodomy and Oral Copulation 152Other Sexual Acts And Offenses 152Criminal Offenses 153Other Sexual Behavior 154Sexual Predator Statutes 155Sex Offender Registration and Notification Act 156Summary of Other Sexual Acts and Offenses 157Sexual Assault 157Summary 158 Additional Assignments 158Practicum 159 Questions in Review 159 Notes 159Chapter 8Crimes Against PersonsKidnapping 162 161Types of Kidnapping 163Kidnapping as a Federal Crime 165False Imprisonment 165Human Trafficking 166Victims of Trafficking and Violence Protection Act of 2000Stalking167167Extent of Stalking 169High-Tech Stalkers 171Cyberstalking 172Assault and Battery172Battery 173Assault 173Contentsviii A01 ROBE6282 07 SE FM.indd 810/08/18 9:39 AM

Aggravated Assault and Battery 174Intent 174Transferred Intent 175Mayhem 175Terrorism 176Summary 178 Additional Assignments 179 Practicum 179 Questions in Review 179 NotesChapter 9Theft and Property CrimesLarceny 181179180Elements of Larceny 181Degrees of Larceny 185Larceny By Trick 185False Pretenses 185Embezzlement 186Consolidation of Theft Offenses 188Receiving Stolen Property 189Forgery 190Money Laundering 191Counterfeiting 192Identity Theft 193Summary 193 Additional Assignments 194 Practicum 194 Questions in Review 194 NotesChapter 10Robbery, Extortion, and BriberyRobbery 196194195Elements of Robbery 197Summary of Robbery 205Extortion205Elements of Extortion 205Summary of Extortion 208Special Problems in Robbery and Extortion 208Distinguishing Robbery from Extortion 208Distinguishing Extortion from Other Theft Crimes 209Bribery209Commercial Bribery 210Summary 211 Additional Assignments 212 racticum 212 Questions in Review 212 NotesPChapter 11Crimes Against HabitationBurglary 214212213Elements of Burglary 215Storage Container217Intent Requirement 219Criminal TrespassArson 221220Elements of Arson 222Scope of Arson 224Contentsix A01 ROBE6282 07 SE FM.indd 910/08/18 9:39 AM

Special Problems in Crimes Against Habitation224Apprehension of the Offender 225Arson and Interagency Cooperation 225Summary 226 Additional Assignments 226Practicum 227 Questions in Review 227 Notes 227Chapter 12Crimes Against Public MoralsObscenity 229 228Elements of Obscenity 230Child Pornography 231Summary of Obscenity 231Prostitution232Summary of Prostitution 234Incest, Bigamy, and Polygamy 235Article I. Incest 235Article II. Case on Point 235Article III. Bigamy 235Article IV. Polygamy 236Games of Chance 236Federal Gambling Laws 237Internet Gambling 237Public CorruptionBribery238238Summary 240 Additional Assignments 240Practicum 240 Questions in Review 240 Notes 240Chapter 13Narcotics and Alcohol CrimesNarcotic Offenses 242 241Possession 244Possession for Sale 246Sale of a Controlled Substance 247Medical Marijuana Laws 248Alcohol Offenses 249Alcohol Problem 249Public Drunkenness 249Driving Under the Influence 250Solutions253International Agreements 253Elimination and Reduction of Illicit Demand 253Control of Supply 254Suppression of Illicit International Trafficking 254Prevention of Alcohol Abuse 255Socialization Approaches 255Social-Control Approaches 255Summary 256 Additional Assignments 257Practicum 257 Questions in Review 257 Notes 257 Contents x A01 ROBE6282 07 SE FM.indd 1010/08/18 9:39 AM

Chapter 14Crimes of AbuseChild Abuse 260259Physical Child Abuse 260Child Neglect 262Child Sexual Abuse 263Elder Abuse 264Definition 265Sexual Assault 266Other Violent Crimes 267Fraud 267Burglary 267Partner Abuse 267Definition 268Physical Abuse 270Sexual Abuse 271Emotional Abuse 271Summary 272 Additional Assignments 272Practicum 273 Questions in Review 273 Notes 273Chapter 15White-Collar and Organized CrimesIntroduction 275Defining White-Collar Crime 276Victims 277Prosecution 278White-Collar Crimes 279 275Corporate Fraud 279Ponzi Schemes 280Mortgage Fraud 280Intent 280RICO281RICO in Action 281SummaryChapter 16283 Questions in Review284 Notes284Punishments 285Introduction to Sentencing 286History 286Purpose 287Constitutional Issues 288Types of Sentences291Indeterminate Sentences 292Determinate Sentences 293Presumptive Sentences 293Incarceration and its Alternatives294Jails 294Prisons 294Probation and Parole 295Fines, Forfeitures, and Restitution 295Contentsxi A01 ROBE6282 07 SE FM.indd 1110/08/18 9:39 AM

Capital Punishment 297Constitutionality 298Opponents and Advocates 299Summary 300 Additional Assignments 300Practicum 301 Questions in Review 301 Notes 301APPENDIXGLOSSARYCASE INDEX 302304310SUBJECT INDEX314Contents xii A01 ROBE6282 07 SE FM.indd 1210/08/18 9:39 AM

P re fa c eThe study of substantive criminal law is a study of human behavior. It is more than a studyof specific crimes; it is also an examination of the rules of human behavior and criminalresponsibility. Criminal law is based on moral values, and many of our crimes are also violations of our moral standards. The study of criminal law is controversial and exciting. Forexample, what subject is more controversial than the issue of whether abortion is the exercise of a woman’s right to privacy or simply murder? As with many other criminal lawissues, the answer to that question depends on one’s values and beliefs. As for being exciting, notice how many of our movies and television programs are based on criminal behavior(e.g., Criminal Minds, NCIS, Law and Order, and CSI).An important but seldom mentioned function of criminal law for social scientists is todefine the subject matter of criminology. Criminology is the sociological and psychological study of the causes of crime, the control of crime, and the reasons for crime. Accordingly, defining certain acts as criminal and others as noncriminal directly affects the subjectmatter of criminology. As a comedian once stated, the only way to eliminate crime is toabolish our criminal laws—then there could be no crime.Too often, books on general criminal law devote a considerable portion of the text tocomparing majority and minority positions on specific issues. The result is that most readersare confused and lack a general understanding of settled concepts. For the most part, wehave presented the prevailing positions with only an occasional reference to the majority–minority conflicts.This book is designed as an introductory text on criminal law and not as a researchbook. Accordingly, to reduce its size and enhance its readability, endnotes are used sparingly in chapters involving noncontroversial subjects. The text presents basic concepts orprinciples of criminal law in definitions, focus boxes, and practicums. All these featuresare designed to assist the student in understanding this often-confusing area of the law.We have chosen to present this material in a narrative form rather than approach it froma traditional law school casebook perspective. While we believe both techniques may beused to teach criminal law, our goal is to present a clear, concise text that discusses background information necessary to understand the principles involved in criminal law andsets forth the elements of the major crimes. New to the Seventh EditionThe seventh edition contains several significant changes. Those changes include the following: New material on organized and white-collar crimesExpanded discussions on criminal negligence, common inchoate crimes, solicitationcrimes, the requirements of a voluntary act, the mens rea requirements, and accessoriesto crimesDiscussion on legal duties imposed by lawExpanded section on theft crimesExpanded section on criminal trespassDiscussion on the changing laws regarding marijuana usexiii A01 ROBE6282 07 SE FM.indd 1310/08/18 9:39 AM

Comments, corrections, or suggestions for improvement of the text should bef orwarded to Cliff Roberson at cliff.roberson@washburn.edu. Enjoy the fascinatingworld of criminal law. Instructor SupplementsInstructor’s Manual with Test Bank. Includes content outlines for classroom discusion,teaching suggestions, and answers to selected end-of-chapter questions from the text. Thisalso contains a Word document version of the test bank.TestGen. This computerized test generation system gives you maximum flexibility in creating and administering tests on paper, electronically, or online. It provides state-of-the-artfeatures for viewing and editing test bank questions, dragging a selected question into a testyou are creating, and printing sleek, formatted tests in a variety of layouts. Select test itemsfrom test banks included with TestGen for quick test creation, or write your own questionsfrom scratch. TestGen’s random generator provides the option to display different text orcalculated number values each time questions are used.PowerPoint Presentations. Our presentations are clear and straightforward. Photos, illustrations, charts, and tables from the book are included in the presentations whenapplicable. To access supplementary materials online, instructors need to request an instructor access code. Go to www.pearsonhighered.com/irc, where you can register foran instructor access code. Within 48 hours after registering, you will receive a confirminge-mail, including an instructor access code. Once you have received your code, go to thesite and log on for full instructions on downloading the materials you wish to use. Alternate VersionseBooks.This text is also available in multiple eBook formats. These are an exciting newchoice for students looking to save money. As an alternative to purchasing the printed textbook students can purchase an electronic version of the same content. With an eTextbook,students can search the text, make notes online, print out reading assignments that incorporatelecture notes, and bookmark important passages for later review. For more information, visityour favorite online eBook reseller or visit www.mypearsonstore.com. AcknowledgmentsWe would like to express our appreciation to the following persons at Pearson for theirsupport and understanding during this project: Gary Bauer, Portfolio Manager; Lynda Cramer, Editorial Assistant; Rinki Kaur, Content Producer; and Ashwina Raghunath,Project Manager. Without their assistance, encouragement, and advice, this text would nothave been possible. A special thanks to our current reviewers: Amy Pinero, Baton RougeCommunity College; Ruth Eilerman, St. Louis Community College-Meramec; Steven Scibelli, Springfield Technical Community College; William Weins, Dakota WesleyanUniversity and J. D. Elshoff, Texas State University, for their suggestions for improvementof the seventh edition. In addition, we extend our appreciation to the manuscript reviewersfrom the prior editions: Bonnie Black, Mesa Community College; David Briscoe, Universityof Arkansas at Little Rock; and Lisa Nored, University of Southern Mississippi. Finally,thanks to our colleagues and families for their understanding and support.Comments, suggestions, and recommendations on this text may be sent to the authorsby emailing cliff.roberson@washburn.edu.Prefacexiv A01 ROBE6282 07 SE FM.indd 1410/08/18 9:39 AM

iii Brief Contents PREFACE xiii Chapter 1 Introduction to Criminal Law 1 Chapter 2 Criminal Liability 18 Chapter 3 Requirement of an Act 34 Chapter 4 Inchoate or Anticipatory Crimes 56 Chapter 5 Defenses 81 Chapter 6 Homicide 112 Chapter 7 Sex Crimes 140 Chapter 8 Crimes Against Persons 161 Chapter 9 Theft and Property Crimes 180 Chapter 10 Robbery, Extortion, and Bribery 195

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