NCJ Number
47991
Date Published
1978
Length
685 pages
Annotation
INDEPTH DISCUSSION OF VARIOUS ASPECTS OF SUBSTANTIVE CRIMINAL LAW IS PRESENTED IN A CASEBOOK INTENDED FOR USE IN AN UNDERGRADUATE COURSE. CASES AND RELATED MATERIALS ARE INCLUDED.
Abstract
IT BEGINS WITH AN INQUIRY INTO THE PURPOSE OF THE CRIMINAL LAW, AND, IN PARTICULAR, THE CONSIDERATION WHICH OUGHT TO BEAR UPON THE IMPOSITION OF CRIMINAL SENTENCE. AFTER A GENERAL VIEW OF THE CRIMINAL JUSTICE SYSTEM, THE MAJOR EMPHASIS IS ON THE 'GENERAL PART' OF THE CRIMINAL LAW: THE DEFENDANT'S MENTAL STATE (INTENT, KNOWLEDGE--KNOWINGLY POSSESSING STOLEN PROPERTY, RECKLESSNESS AND NEGLIGENCE, AND STRICT LIABILITY) AND THE CRIMINAL ACT (VOLUNTARY ACT, ACT OF POSSESSION AND OMISSION); RESPONSIBILITY; JUSTIFICATION AND EXCUSE (DURESS, DEFENSE OF SELF AND OTHERS, DEFENSE OF PROPERTY, CONSENT AND CONDONATION); INCHOATE CRIMES (ATTEMPT, CONSPIRACY, AND SOLICITATION); AND LIABILITY FOR THE CONDUCT OF OTHERS. CRIMINAL HOMICIDE IS CONSIDERED EXTENSIVELY, PARTICULARLY CERTAIN DOCTRINES WHICH COME INTO PLAY ALMOST EXCLUSIVELY IN A HOMICIDE CONTEXT (E.G., THE INSANITY DEFENSE) OR WHICH RAISE THE MOST DIFFICULT ISSUES IN THAT CONTEXT (DEFENSE OF DURESS OR SELF-DEFENSE). PERTINENT ASPECTS OF JUDICIAL PROCEDURE AND SENTENCING ARE DISCUSSED. BECAUSE THE TEXT IS DESIGNED PRIMARILY AS A TEACHING TOOL, IT PROVIDES THE TEACHER AND STUDENT WITH A COMMON SOURCE OF MATERIAL TO GENERATE PROPER INTERACTION IN THE CLASSROOM. A TABLE OF CASES AND A SUBJECT INDEX ARE INCLUDED. SELECTIONS FROM AMERICAN LAW INSTITUTE MODEL PENAL CODE, THE OFFICIAL 1962 DRAFT, ARE APPENDED. (TAO) THE OFFICIAL 1962 DRAFT, ARE APPENDED. (TAO)