Criminal Law 13th Edition by Thomas J Gardner ISBN 9781305966369 1305966368

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Product details:
ISBN 10: 1305966368
ISBN 13: 9781305966369
Author: Thomas J Gardner

Criminal Law 13th Edition Table of contents:

Chapter 1. Criminal Law: Purposes, Scope, and Sources

Important Concepts in Criminal Law

Substantive Criminal Law

Criminal Law and Moral Law

Goals and Purposes of Criminal Law

The Permissible Scope of Criminal Laws in the United States

The Use and Limitations of the Police Power to Maintain Public Order

The Principle of “No Punishment without a Law for It”

Classifications of Crimes

Felony and Misdemeanor

General Constitutional Limitations on Criminal Laws

Ex Post Facto Laws

Bills of Attainder

The Second Amendment and Gun Control

Due Process, “Void for Vagueness,” and the “Overbreadth” Doctrine

Status Crimes

Equal Protection of the Laws

Sources of Criminal Law

Common Law Crimes

Statutory and Administrative Crimes

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 2. Jurisdiction

Jurisdiction of the Federal Government to Enact Criminal Laws

The Commerce Clauses

Federal Crimes Frequently Used to Support State and Local Enforcement

The Federal Domain—One-Third of America

Nation-To-Nation Jurisdiction

International Criminal Law

Jurisdiction of the Sea Approaches to the Continental United States

The Crimes of Piracy, Felonies Committed on the High Seas, and Offenses Against the Law of Nations

The Military, Martial, and War Powers Jurisdiction of the Federal Government

Jurisdiction of Military Courts

When U.S. Citizens or Military Are in a Foreign Country

The Use of National Guard Troops and Curfews to Assist Police with Riots and Disorders

The Crime of the Improper Use of National or State Guard Troops

Indian Tribes within the United States

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 3. Essential Elements of a Crime

True Crimes and Strict Liability Crimes

Crimes Requiring Proof of Mental Fault

Actus Reus: The Forbidden Act or Omission

Mens Rea: The Guilty Mind

Proving Criminal Intent or Criminal State of Mind

The Requirement of Scienter

The “Willful Blindness” Rule

The Motive for Committing a Crime

Strict Liability Crimes

Strict Liability Laws that Seek to Protect Children

Proximate Cause or Causation

The Ancient Year-and-a-Day Murder Rule

Possession Alone as a Crime

The Possession of Illegal Contraband Inference

The Use of Presumptions and Inferences in Criminal Law

Functions of Presumptions and Inferences

The Presumption that All Persons Are Sane, Normal, and Competent

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 4. Criminal Liability

Preliminary, Anticipatory, and Inchoate Crimes

Solicitation or Incitement to Commit a Crime

Conspiracy to Commit a Crime

The Requirement of an Overt Act

The Crime of Attempt

Impossibility in Attempt Cases

Parties to the Principal Crime

Theories of Criminal Liability

Liability for Crimes Other than the Planned and Intended Offense: Conspiracy

Post-Crime Offenses

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 5. Criminal Responsibility and the Capacity to Commit a Crime

Ancient Concepts of Criminal Responsibility

Infancy and Criminal Responsibility

The Juvenile Court System

The Insanity Defense

Insanity at the Time of the Criminal Incident

Tests Used to Determine Insanity

The M’Naghten Case and the “Right and Wrong” Test

The “Product-of-Mental-Illness Rule” and “Irresistible Impulse”

The Model Penal Code “Substantial Capacity” Test

The Plea and Verdict of Guilty but Mentally Ill

Mental Conditions that Do not Satisfy the Insanity Defense

Voluntary Intoxication

The Defense of Diminished Capacity

The Requirement of Competency to Stand Trial

The Criminal Liability of Corporations

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 6. The Law Governing the Use of Force

Self-Defense and the Defense of Others

The Use of Deadly Force in Self-Defense or the Defense of Others

Loss of Self-Defense Privilege for a Wrongdoer or an Aggressor

The “Castle” Doctrine and the Minority Duty-to-Retreat Exception to that Doctrine

Battered Women and Domestic Homicides

The Use of Force in the Defense of Property

The Use of Force in Making an Arrest

Using Reasonable Force to Obtain Evidence of Drunk or Drugged Driving

Standards for the Use of Deadly Force Established by the U.S. Supreme Court

Use of Force in Resisting an Unlawful Arrest

The Use of Tasers and Other Force in Traffic Stops

Disciplining Children

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 7. Other Criminal Defenses

Affirmative Defenses

Immunity as a Defense

Diplomatic Immunity

Legislative Immunity

Witness Immunity

Mistake or Ignorance of Fact as a Defense

Mistake of Fact Defense Allowed

Strict Liability Crimes and the Defense of Mistake

Mistake or Ignorance of Criminal Law

Intoxication or Drugged Condition as a Defense

Duress, Coercion, or Compulsion as a Defense

Necessity or Choice of Evils Defense

Can One Kill to save Oneself?

Alibi as a Criminal Defense

Alibi Notice Statutes

The Defense that the Defendant Was Acting under the Authority, Direction, or Advice of Another

The Defense of Double Jeopardy

The Times when Jeopardy Attaches

Prosecution by both State and Federal Governments

The Meaning of “Separate Offense”

Entrapment and Outrageous Government Conduct as Defenses

States Are Free to Write Their Own Rules for Entrapment

The Defense that Another Person Committed the Crime

The Right to a Speedy Trial as a Defense

The Statute of Limitations as a Defense

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 8. Criminal Punishments

Punishments Used in Early England

Practices Used in England to Avoid Severe Penalties

Punishment Used in Early America

The Constitutional Limitation on Punishment

Proportionality in State Sentencing Laws

Sentencing and Jury Trials

Corporal Punishment

The Use of Corporal Punishment in Schools

The Use of Corporal Punishment in Prisons

Capital Punishment

Death Penalty Laws After Furman V. Georgia

Imprisonment as Punishment

Can Indigents Be Held in Jail to Work Off Their Money Fines?

Fines and Forfeiture as Punishment

Career Criminals and the Repeat Offender

“Three Strikes” Laws

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 9. Free Speech, Public Order Crimes, and the Bill of Rights

Belief—Speech—Action: When Speech May Be Regulated

The “Clear and Present Danger” Test

Fighting Words

When Does Vulgar, Insulting Language to a Police Officer Constitute Fighting Words?

Convictions Upheld

Convictions Overturned

Obscene Communications

Inciting and Urging Unlawful Acts

Defamation: Libel and Slander

Symbolic Speech and the First Amendment

Flag Burning and Cross Burning as Symbolic Speech

Threats of Violence as Crimes

Using the U.S. Mail, Telephones, the Internet, or E-Mail to Threaten Another Person

Bullying: Not a Crime, but It Can Consist of Criminal Conduct

Loud Noise or Nuisance Speech

Regulating the use of Public and Private Places

The Crimes of Unlawful Assembly and Rioting

Obstruction of the Law Enforcement Process

Public Nuisances as Civil or Criminal Offenses

The Crime of Stalking and Violation of Protective Orders

Crime on City Streets

Gun Ownership and Registration Laws

Regulating Guns after Heller

The Free Exercise of Religion

The Right of Privacy

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Part Two: Crimes Against the Person

Chapter 10. Homicide

Homicide in General

The Corpus Delicti Requirement

Proving Corpus Delicti in “No Body” Cases

Body Without Proof of the Cause of Death Cases

The Common Law “Born Alive” Requirement and the Crime of Feticide (Fetal Murder)

Proof that the Victim was Alive at the Time of the Defendant’s Unlawful Act

When Is a Person Legally Dead?

The Causation Requirement

Causation and Proximate Cause

The Year-and-a-Day Rule

Murder

Intent-to-Kill and Premeditated Murder

The “Deadly Weapon” Doctrine

Transferred Intent

Intent-to-Do-Serious-Bodily-Harm Murder

Depraved-Mind or Depraved-Heart Murder

Felony Murder

Manslaughter

Definition of Manslaughter

Voluntary Manslaughter

Heat of Passion Manslaughter

Imperfect or Unlawful Force in Self-Defense Charged as Manslaughter

Involuntary Manslaughter

Suicide, Assisting Suicide, and Euthanasia

Murder, Suicide, or Neither?

The Oregon “Death with Dignity” Law

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 11. Assault, Battery, and other Crimes Against the Person

The Crime of Assault

Assault with a Deadly or Dangerous Weapon

Battery

Offensive touching under Sexual Assault and Sexual Battery Statutes

Sports Injuries when Force Exceeds the Rules of the Game

Other Physical Contact without Consent

Felonious and Aggravated Assaults and Batteries

Mayhem and Malicious Disfigurement

Hate Crime Laws

Child Abuse and Neglect

Offenses Against the Liberty of a Person: Kidnapping

Kidnapping and Hostage Taking

False Imprisonment

Parental Kidnapping or Child Snatching

The National Child Search Assistance Act

Family Violence and Disturbances

Domestic Violence and Women

Abuse of the Elderly

Violence in the Workplace

Road Rage: Violent Aggressive Driving

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 12. Sexual Assault, Rape, Prostitution, and Related Sex Crimes

Sexual Relations in the United States Today

Rape or Sexual Assault

The Importance of Corroborative Evidence in a Rape Case

Possible Responses to a Threat of Rape

The “Force” Required in Rape or Sexual Assault

The Report of Rape Rule and the Effect of Delay in Reporting

Rape Shield Laws

Statutory Rape

The Crime of Incest

HIV and AIDS-Related Crimes

Laws that Require Registration for Sex Offenders (Megan’s Law)

Civil Commitment of Sexually Dangerous Offenders

Prostitution

The Crimes of Procuring, Promoting, and Pimping for the Practice of Prostitution

Crimes That Require Proof that the Crime Was Committed in a Public Place

Touching or Other Conduct Done to Arouse Sexual Desire

Protecting Children Against Sexual Exploitation: Child Pornography

The Federal Enticement Statute

Movies, Videos, and Photographs

“Sexting,” and Nude Photos of Children Taken by Family Members

Voyeurism and Other Criminal Invasions of Privacy

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Part Three: Crimes Against Property

Chapter 13. Theft

General Property Concepts

Theft or Larceny

The Taking

Defining What Property Can Be Stolen

Property of Another

Intent to Steal

Shoplifting

Taking and Carrying Away in Shoplifting

Proving the Crime of Shoplifting When the Suspect Has Not Left the Store

The Requirement of Probable Cause Based on Personal Knowledge

Criminal or Civil Prosecution of Shoplifters?

Other Retail Theft Crimes

Fraudulent Use of Credit Cards

Credit Card Theft and Obtaining Credit Cards and Bank Cards for Fraudulent Use

Check Violations

The Crime of Uttering

The Crime of Forgery

Operations of Check-Forging Rings

Passing Forged Checks and Other Counterfeit Securities in Interstate Commerce

Check Kiting

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 14. Robbery, Burglary, and Related Crimes

Robbery

Changes in Bank Robbery

Distinguishing Robbery from Theft or Larceny

Carjacking: A New Name for an Old Crime

Home Invasion Robberies

Purse Snatching, Pickpocketing, and Other Thefts from a Person

Extortion

Extortion by Intimidation

Burglary

Breaking

Unlawful Entry into Premises

The Dwelling House of Another

Nighttime

Intent to Commit a Felony

Proof of Burglary when Other Crimes Are Committed

The Crime of Trafficking in Stolen Goods

The Fence and Fencing Stolen Property

When Property Loses Its Character as Stolen Goods

Possession of Criminal or Burglary Tools

Destroying or Damaging the Property of Another

Trespass

The Crime of Defiant Trespass

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 15. White-Collar Crime, Cybercrime, and Commercial Crime

White-Collar Crime

Fraud and Fraudulent Practices

Bank Fraud

Health Care Fraud

Intellectual Property Fraud

Fraud and Corruption in Government

Stock Market and Financial Market Frauds

Other Fraud Statutes in the Federal Criminal Code

The Crime of Identity Theft and False Identification Documents

Counterfeiting of Money and Commercial Products

Counterfeiting of Currency

Other Counterfeiting Problems

Computer Crime or Cybercrime

Arson

Essential Elements of Arson

Product Tampering

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Part Four: Other Criminal Conduct

Chapter 16. Drug Abuse and Alcohol-Related Crimes

Drug Abuse

The Frightening Drug Problem

Illegal Drug Users

Drug Laws in the United States

The Uniform Controlled Substances Act

Types of Possession of Controlled Substances

To Convict of Possession of an Illegal Drug, Must the State Present a “Usable Amount” as Evidence?

Delivery of Controlled Substances

State–Federal Clash over the Medical Use of Marijuana

Controlled Substances Used in Religious Ceremonies

Drug Rip-Off Cases and Simulated Drugs

Criminal Liability for Drug-Induced Deaths

Possession or Sale of Drug Paraphernalia

Alcohol-Related Crimes

Alcohol’s Relation to Crimes and Deaths

Drunk Driving: The Criminal Homicide Causing the Most Deaths

Elements and Defenses in Drunk-Driving Prosecutions

“Booze It and Lose It” Laws

When Is a Person Driving, Operating, or “In Physical Control” of a Vehicle?

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 17. Terrorism

Terrorism

Early Terrorist Acts

International and Domestic Terrorism in Recent Years

Criminal Charges Against Terrorists

Treason

Terrorism, Terrorist Threats, and Support of Terrorism

The 804 Terrorism Prosecutions from 2001 to 2009

Where Did the 804 Persons Charged Come from?

What Were the Most Common Categories of Criminal Charges Brought by the Prosecutors?

What Conduct Constituted a Violation of a “Terrorist Statute”?

What Conduct Constituted Violation of “National Security Statutes”?

Were Terrorism Actions Used for Sentence Enhancement Purposes?

What Conduct Did the Study Include Under “Domestic Terrorism”?

How Many Prosecutions Involved Weapons of Mass Destruction?

Financing Terrorism: Where Does the Money Come From?

Moving Money into and out of the United States

International Criticism of Aspects of the U.S. War Against Terrorism

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 18. Organized Crime and Gangs

Organized Crime and Criminal Gangs

Federal and State Laws Passed after 1970 to Fight Organized Crime

Limits on Federal Jurisdiction and RICO Prosecutions

The Federal Witness Protection Program and the Crime of Witness Tampering

The Crime of Money Laundering

Transactions Covered by the Federal Money Laundering Statutes

Currency Transaction Reports and the Crime of Smurfing

Other Criminal Laws Used to Fight Gangs and Organized Crime

The Travel Act

Extortion

Bribery

Kickbacks

Mail Fraud

Honest Services Fraud

Learning Objectives Summary

Key Terms

Case Analysis and Writing Exercises

Chapter 19. Immigration Crimes, Contempt, and Other Crimes Against Government

Immigration Crimes

Criminal Charges for Illegal Immigration Offenses

Contempt

Civil Contempt

Criminal Contempt

Contempt Is a Specific Intent Crime That Requires Proof of Intentional Wrongdoing

Language by a Witness or Attorney That Would Justify a Contempt Finding

Contempt and the Crime of Failure to Appear (Bail Jumping)

Crimes by Public Officials

Some Crimes Committed by Public Officials and Others

Crimes Against Government

Espionage

Obstruction of Justice

Tax Evasion

Other Criminal Violations

Learning Objectives Summary

Key Terms

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