NCJ Number
117120
Date Published
1989
Length
1263 pages
Annotation
This book discusses court cases and their implications for substantive criminal law and its procedure as well as enforcement, as manifested in common law, modern codification, and the Model Penal Code.
Abstract
In the discussion of substantive criminal law, the opening chapter discusses cases relevant to issues in the criminalization of various behaviors, the definition of crime, and the classification of criminal offenses. Other chapters on the substantive criminal law address cases dealing with elements of offenses against the person (homicide, assault and battery, abduction, abortion, rape, false imprisonment, kidnapping, mayhem, and dueling); offenses against habitation (burglary, arson); and offenses against property (larceny, robbery, embezzlement, theft, etc.). In discussing other elements and aspects of a criminal offense, chapters cover imputability and responsibility such as the necessity of an act, what constitutes an act, attempted offense, negative acts, conspiracy, agency, incorporation, parties to crime, and causation. Topics pertaining to criminal responsibility are mens rea, criminal negligence, specific intent, other states of mind, strict liability, unlawful conduct, 'transferred intent,' motive, and concurrence of mens rea and actus reus. In discussing limitations on criminal capacity as an aspect of responsibility, attention is given to immaturity, mental disease, drunkenness, and coverture. Modifying circumstances and special defenses are discussed as well. Chapters pertaining to procedure and enforcement address the limitations of prosecution, proceedings preliminary to trial, and the rights and privileges of the accused. Table of cases, subject index.