Criminal Law And Its Processes

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. Features: Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts. Notes updated to incorporate contemporary cases and recent news touching on criminal law. Inclusion of additional preeminent cases in the field of criminal law, including: Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity) Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability) Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense). Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context. Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. New to the Eleventh Edition: Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021. In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses Broader exploration of what society chooses to criminalize and prioritize for enforcement Updated notes to incorporate contemporary cases and recent news touching on criminal law Inclusion of additional preeminent cases in the field of criminal law, including: Kahler v. Kansas as a principal case in the material on the insanity defense Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad Professors and students will benefit from: Cohesive Intellectual Framework Grounds student understanding of criminal law as an instrument of social control?and provides analytical tools to interpret and understand doctrine Holistic approach encourages students to develop an understanding of principles and rules applicable to all crimes Cases-and-notes pedagogy Includes excerpted materials, questions, and problems useful for Socratic instruction and policy discussions Challenging Problems ? Places discussion of the law and policy in relevant, real-world scenarios Enhance students’ understanding of basic principles and test their application of these principles to particular offenses

This edition preserves the outstanding qualities that have earned it distinguished success: - a highly respected authorship -- Kadish, Schulhofer, and new co-author Steiker -- comprised of nationally recognized and renowned scholars - cohesive intellectual framework -- by viewing the law both as a system for apportioning blame in accordance with moral norms and as an instrument of social control, it provides an analytical tool with which students can interpret and understand doctrine - a cases-and-notes pedagogy with excerpted materials, questions, and problems - a focus on developing an understanding of principles and rules applicable to all crimes, rather than the detailed and disjointed elements of many particular crimes - problems that enhance student understanding of the basic principles by testing their applications and interactions in the context of particular offenses - in-depth coverage of rape, homicide, and theft The Eighth Edition has been carefully updated: - it achieves continuity with its predecessors and makes little change in organization or coverage - most principal teaching cases have been retained, with recent cases and illustrations added - editing throughout enhances the transparency of the organization and accessibility of the notes and questions, providing greater clarity and ease of teaching - a new section gives detailed attention to issues of statutory interpretation - a new chapter on Discretion allows for study of the legal framework that governs charging, bargaining and sentencing, and the role they play in shaping determinations of culpability and punishment - greater attention is focused on the ways thatsentencing considerations and the growth of federal criminal law have affected traditional criminal law principles and practices - new attention is focused on international human rights and their implications for American criminal law - more thorough examination of common law vocabulary and doctrine and a clarified organization enable students to differentiate more systematically between the common law and Model Penal Code approaches - a completely revised section on the death penalty

This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. Murphy, and R. B. Brandt. In the following part, Dennis F. Thompson, Christopher D. Stone, and Susan Wolf deal with the special problem of criminal responsibility in government—one of great importance in modern society. The fourth and final part, echoing the topic of NOMOS XXIV, Ethics, Economics, and the Law, addresses the economic theory of crime. The section includes contributions by Alvin K. Klevorick, Richard A. Posner, Jules L. Coleman, and Stephen J. Schulhofer. A valuable bibiography on criminal justice by Andrew C. Blanar concludes this volume of NOMOS.

Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.

Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.