Criminal Law: The Basics

Hardcover | November 15, 2002

byFrank A. Schubert

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Frank A. Schubert's Criminal Law: The Basics introduces students to the fundamentals of substantive criminal law. It emphasizes two underlying themes. First, the common law heritage that has so influenced criminal law in this country. And, second, the critical role that federalism plays inAmerican criminal law. The first six chapters focus on fundamental topics. In the final two chapters, students apply the concepts they have learned as they discover the elements of many substantive criminal offenses. Coverage includes: * The common law tradition. * Criminal and civil law. * Federalism and the Supremacy Clause. * Concurrence. * Federal criminal law. * The purposes of punishment. * Procedural considerations. * Constitutional limitations on the definition and punishment of criminal offenses (Bills of Attainder), sub-stantive due process (precision, privacy, morality), procedural due process ("Megan's Law"), and equal protection, ex post facto laws, and cruel and unusual punishment. * The criminal act (act or status, voluntariness, omissions, the use of presumptions, double jeopardy considerations). * Criminal intent (from the Common Law and Model Penal Code perspectives, including a discussion off the important role of resumptions and proof of criminal intent). * Strict liability. * Causation (factual, proximate, and independent, intervening causes). * Complicity (common law and modern approaches). * Vicarious liability (traditional approach and modern efforts to make parents criminally liable for the acts of their children). * Inchoate crime (solicitation, attempt, and conspiracy). * Criminal defenses (lack of capacity, self defense and defense of others and property, mistakes of fact and law, entrapment, alibi, necessity and duress). * Substantive crimes against persons (homicide offenses, assault and battery, rape and sexual assault, kidnapping, and false imprisonment).* Crimes against property (including both traditional larceny and related offenses, plus modern consolidated theft approaches, including robbery, extortion, and forgery). This student-friendly text focuses on the most important aspects of each topic and omits information that is not essential in an introductory course. Schubert relies primarily on carefully edited, highly readable appellate opinions coupled with brief, textual exposition to explain relevantprinciples--leading students to understand the "what" as well as the "why." Case statutes are often included so that students understand that the legislature, not the courts, primarily defines what is criminal and determines sentencing options. A unique feature is the supplemental material on the book's comprehensive dedicated Website, which includes cases, text, statutes, dissenting/concurring opinions, and references to relevant online law review articles. The Website will be updated regularly. For instance, when the U.S. Supreme Courthands down a decision on a relevant topic, that case or its summary will be posted along with appropriate links. "How to brief a case" tips and a sample brief may also be found on the Website. A comprehensive Instructor's Manual is also available.

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Frank A. Schubert's Criminal Law: The Basics introduces students to the fundamentals of substantive criminal law. It emphasizes two underlying themes. First, the common law heritage that has so influenced criminal law in this country. And, second, the critical role that federalism plays inAmerican criminal law. The first six chapters f...

Frank A. Schubert is at Northeastern University (Emeritus).

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Format:HardcoverDimensions:370 pages, 7.09 × 10.12 × 0.98 inPublished:November 15, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195330218

ISBN - 13:9780195330212

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Table of Contents

Each chapter concludes with Discussion Questions.A Note to StudentsChapter 1: Introduction to Criminal LawCriminal LawThe Common Law TraditionHolland v. State of FloridaDeciding What Conduct IsDeemed CriminalCommon Law and Criminal CodesCriminal and Civil LawKatko v. BrineyClassification of Offenses--Felonies and MisdemeanorsFederal Form of GovernmentFederal Criminal LawDirect Federal InterestsIndirect Federal InterestsThe Purposes of PunishmentRetributionGregg v. GeorgiaDeterrenceIncapacitationRehabilitationProcedural ConsiderationsJury Trials vs. Bench TrialsThe Order of TrialJury SelectionChallenges to the PanelOpening StatementsThe Presentation of the Prosecution'sCase in ChiefThe Presentation of the Defendant's CaseCase in ChiefThe Presentation of the Prosecution'sRebuttal CaseThe Defense Motion for AcquittalClosing ArgumentsJury InstructionsThe Jury's VerdictMotions After VerdictThe Supremacy ClauseChapter 2: Constitutional Limitations on the Definition and Punishment of Criminal OffensesProhibitions Against Bills of AttainderDue ProcessSubstantive Due ProcessPrecisionVaguenessCity of Chicago v. Jesus Morales et al.OverbreadthThe Right to PrivacyGriswold v. ConnecticutCriminalizing Conduct Deemed ImmoralCommonwealth of Pennsylvania v. BonadioCommonwealth of Kentucky v. WassonProcedural Due Process"Megan's Law"State v. BaniEqual ProtectionLoving v. Commonwealth of VirginiaProhibitions Against Ex Post Facto LawsCruel and Unusual PunishmentBarbaric PunishmentsGregg v. GeorgiaDisproportionate PunishmentsHarmelin v. MichiganAtkins v. Commonwealth VirginiaChapter 3: General Principles of Criminal LiabilityThe Criminal Act/Actus ReusCriminal Act or Status?Robinson v. CaliforniaVoluntarinessState of Arizona v. Miguel Angel LaraCriminal Liability in the Absence of an Act (Omissions)Commonwealth of Pennsylvania v. John Barry KellamIs Possession an Act?Byrd v. TexasPresumptions and Actus ReusUlster County Court v. AllenDouble Jeopardy ConsiderationsBrown v. OhioCriminal Intent/Mens ReaMala in Se OffensesMala Prohibita OffensesDefining Criminal IntentThe Traditional Common Law ApproachState v. GordonThe Doctrine of Transferred IntentPeople v. ScottThe Model Penal Code ApproachFurr v. StatePresumptions and Criminal IntentSandstrom v. MontanaConcurrenceStrict LiabilityThe People v. Juan J. CoriaCausationFactual CausationProximate CausationCommonwealth v. BerggrenIndependent Intervening CausePeople v. Saavedra-RodriguezChapter 4: Complicity and Vicarious LiabilityComplicityComplicity Under the Common LawPeople v. NorrisProving ComplicityState v. MobbleyOregon v. AllredVicarious LiabilityUnited States v. ParkParental Liability for Failure to Supervise ChildCorporate CriminalityState of Iowa v. Casey's General Stores, Inc.Due Process ConsiderationsState of Iowa v. Hy-Vee, Inc.Chapter 5: Inchoate CrimesSolicitationActus ReusMens ReaRobert J. Santora v. Commonwealth of VirginiaAttemptActus ReusU.S. v. Pedro Hernandez-FrancoMens ReaState v. Frank Reed NorlundEric R. Cooke v. Commonwealth of VirginiaImpossibility as a DefenseConspiracyActus ReusMens ReaState of Connecticut v. Victor TorresChapter 6: Criminal DefensesAffirmative DefensesSelf-Defense and Defense of OthersColorado v. Steven SilvaDefense of Property and HabitationColorado v. Mark JanesNecessity (Choice of Evils)Bodner v. StateExcuse DefensesDuressIntoxicationState of Hawaii v. Tony SouzaIncompetencyInsanityState of Colorado v. Robin V. TallyState v. David BarrettMistake of FactUnited States v. Lloyd D. CookMistake of LawKipp v. State of DelawareEntrapmentWisconsin v. James L. SchumanOther DefensesAlibiPennsylvania v. KolendaGood Character DefenseChapter 7: Crimes Against PersonsHomicideFirst Degree MurderHawaiiVirginiaNebraskaState v. Roy J. TownsendSecond Degree MurderState of Nebraska v. Tyler J. KeupFelony MurderPeople v. Lisl E. AumanManslaughterVoluntary ManslaughterInvoluntary ManslaughterState v. Kenneth WoodNegligent ManslaughterTraditional Crimes of Assault and BatteryBatteryAssaultContemporary Assault StatutesHopkins v. the StateRape and Sexual AssaultLegislative ReformsState v. Douglas GoodwinRape Shield LawsState of Oregon v. Paul T. BeelerStatutory RapeKidnappingTony Elozar v. StateFalse ImprisonmentRobert Lovett v. StateChapter 8: Crimes Against Property and HabitationLarcenyEdward A. Brame v. VirginiaEmbezzlementMaine v. John R. MoonLarceny by False Pretenses (Theft by Deceit)Darrell S. Lewis v. VirginiaConsolidated TheftUtah v. John J. BushRobberyTennessee v. David L. OwensExtortion/BlackmailUnited States v. Charles G. Stephens, Sr.ForgeryOhio v. Willis MillerBurglary, Arson, and Trespass to LandBurglaryPeople v. Michael DavisArsonState v. Harry LollisTrespass to Land/DwellingsState of Tennessee v. Joseph VellaDiscussion QuestionsIndexCase Index

Editorial Reviews

"The writing is lucid, the material challenging, and the case selection encourages students to develop analytical and logical thinking. Schubert has done an outstanding job of selecting cases that illustrate the principles of substantive criminal law and reveal the underlying reasoning uponwhich these principles have been developed. Moreover, the questions that follow many of the case excerpts are well designed to direct student attention to issues, and possible future problems, that are raised by the case. The discussion questions are also extremely well done, often usinghypothetical fact situations to engage students and encourage them to attempt to apply legal theory learned from the text and case readings to new fact situations." --W. Richard Janikowski, The University of Memphis