NCJ Number
44296
Date Published
1978
Length
572 pages
Annotation
A COMPREHENSIVE TREATMENT OF GENERAL THEORIES OF CRIMINAL LAW AND CRIMINAL RESPONSIBILITY, SUBSTANTIVE CRIME, AND THEORIES OF DEFENSE IS PRESENTED.
Abstract
THE FIRST SECTION OF THE TEXT COVERS THE SOURCES AND LIMITS OF CRIMINAL LAW, ITS PURPOSES AND METHODS, MODELS OF RESPONSIBILITY, AND THE CONSTITUTIVE ELEMENTS OF A CRIME. SPECIFIC TOPICS IN THIS SECTION INCLUDE, AMONG OTHERS, CRIMES UNDER THE UNITED STATES CONSTITUTION, CONSTITUTIONAL LIMITATIONS ON THE ENACTMENT OF SUBSTANTIVE CRIMINAL LAWS, FORMS AND THEORIES OF PUNISHMENT, CORPORATE CRIMINAL RESPONSIBILITY, THE FOUNDATION OF CRIMINAL RESPONSIBILITY, AND MATERIAL ELEMENTS IN CRIME. THE SECOND SECTION EXPLORES SUBSTANTIVE CRIMES IN DEPTH, COVERING INCHOATE CRIMES, CRIMES AGAINST PERSONS, CRIMES AGAINST PROPERTY AND ECONOMIC INTERESTS, OFFENSES AGAINST PUBLIC MORALITY, AND CRIMES AGAINST SOCIETY. EACH CRIME IS INTRODUCED BY A GENERAL HISTORICAL DESCRIPTION, ITS COMMON LAW ORIGINS, ITS RATIONALE, AND SOCIAL POLICY BASIS AND GOAL. THE ELEMENTS OF EACH CRIME ARE DEFINED AND DISCUSSED, AS IS THEIR POSSIBLE DIVERGENT APPLICATION IN THE VARIOUS STATES. THE FINIAL SECTION OF THE TEXT OFFERS AN EXAMINATION OF ALL THEORIES OF DEFENSE; IT EXPLORES ALIBI, INFANCY, EXISTENCE OF LEGAL DUTY, CONSENT, NECESSITY AND COERCION, SELF-DEFENSE, INTOXICATION, STATUS CRIMINALITY, INSANITY AND INCOMPETENCE, ENTRAPMENT, AND DOUBLE JEOPARDY. A TABLE OF CASES AND INDEX ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED).