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This casebook provides the most comprehensive treatment available, including the theoretical foundations, the common-law origins, the statutory structure, and the procedural context of modern criminal law. The book concentrates on doctrinal materials that can support both rigorous technical and sophisticated theoretical discussions. The purposes and limits of punishment are addressed through Supreme Court decisions, a focus on statutes throughout the substantive law sections enables training students in the legal art of statutory interpretation as well as exposing them to the hard moral and political problems of legislative choice, and the sentencing materials reprise the theory of punishment in the context of the practically most important stage of the modern process. The 12th edition carries forward the comprehensive approach of prior editions, empowering the teacher to design a course suited to the needs of the teacher's students and teacher's institution. New Supreme Court's decisions, changing the landscape of both substance and procedure, include Skilling v. United States, McDonald v. City of Chicago, Graham v. Florida, United States v. Jones, and Michigan v. Bryant. The material on self-defense has been comprehensively revised, both for the sake of clarity and to include discussion of so-called "stand your ground laws." Statutes (e.g., the New York and California homicide statutes) and the caselaw (e.g., up-to-the-minute material on "willful blindness") have been updated. We also now include a case about the admissibility of neuro-imaging evidence to support a diminished-capacity defense, thus acknowledging how modern brain science has begun to raise both practical evidentiary issues and a substantial challenge to important theoretical premises of the criminal law.
Premised on the belief that criminal law is an exciting subject to learn and teach, this popular casebook provides a balanced and creative overview of classic and modern criminal law cases and issues while covering both common law foundations and modern statutory reform, including the Model Penal Code. The casebook invites classroom consideration of many controversies in the field (e.g., rape law, race-based jury nullification, Internet crime, and anti-stalking legislation) and defenses (e.g., battered women?s self-defense). Using imaginative examples from literature and music to illustrate criminal law issues (e.g., examining insanity with Edgar Allen Poe?s The Tell-Tale Heart and homicide with Willa Cather?s O Pioneers!), the casebook allows law students to confront some of the Big Questions with which philosophers, theologians, scientists, poets, and lawyers have grappled for centuries.
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant
This casebook relies on Tennessee-specific statutes and cases to illustrate how abstract concepts of criminal law play out on the ground. The role of prosecutors in defining the law through their charging and plea bargaining decisions is emphasized throughout. The mental elements of crimes are analyzed in context, illustrating how the same mental element will be proven differently depending on whether the defendant knew, for instance, that he had stolen goods or illegal drugs. By mooring the discussion to the Tennessee Code, rather than the Model Penal Code, this book is a very practical text for law students in Tennessee without sacrificing any of the philosophical discussions that are central to criminal law.
Louisiana Criminal Law: Cases and Materials, Second Edition is a textbook designed for use in the basic Criminal Law course taught in a law school or an undergraduate program in Criminal Justice. The text includes cases from the state of Louisiana and statutes from the Louisiana Criminal Code. The format of this book is a combination of Louisiana criminal cases, statutes, comments and questions. Each chapter of the book begins with an introduction to the basic principles and crimes that will be discussed in the chapter followed by questions and comments. The cases have been selected because they reflect the issues of major importance regarding basic concepts of criminal law as interpreted by the Louisiana Supreme Court and Louisiana appellate courts. Selected provisions of the Louisiana Criminal Code are included in the Appendix. The questions at the end of the cases should assist students in developing their analytical skills and understanding of criminal law. The cases and statutory appendix should provide students with all the information they need to successfully answer the questions. The questions should assist in promoting relevant classroom discussions. After an introductory chapter discussing general principles contained in the Louisiana Criminal Code, the text contains chapters on the guilty mind including criminal intent and criminal negligence followed by chapters on justification and excuse including insanity, intoxication, self-defense, defense of property and defense of others; parties to crime and inchoate crimes; homicide; assault and battery; sexual offenses; kidnapping; arson; burglary; theft and robbery. About the authors: Bobby Marzine Harges is the Adams and Reese Distinguished Professor of Law II at Loyola University New Orleans where he has taught criminal law and criminal procedure since 1995. He received a J.D. from the University of Mississippi School of Law and an LL.M. from Harvard Law School. Gaynell Williams is the First Assistant District Attorney at the Orleans Parish, Louisiana District Attorney's Office. She received a B.A. from Loyola University New Orleans and a J.D. from Tulane Law School. After law school she served as an Assistant District Attorney for the Jefferson Parish District Attorney's Office and an Assistant United States Attorney in the Criminal Division of the United States Attorney's Office for the Eastern District of Louisiana.
In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
This casebook provides comprehensive treatment of international criminal law in a problem-oriented way. It draws widely from the jurisprudence of the various international and hybrid criminal tribunals, United Nations bodies, regional human rights institutions, domestic courts, alternative or traditional courts, and transitional justice institutions. Its focus is on the core international crimes within the jurisdiction of the ICC, supplemented by chapters on the standalone crimes of torture and terrorism. This edition includes substantially more material from the International Criminal Court, including revised materials on the crime of aggression, and an entire chapter devoted to the creation and structure of the ICC.
The strength of this casebook is the uniformity of each chapter's structure, which makes it easier to approach the chapter's topic systematically. Each chapter begins with several sections that discuss the applicable law, followed by a separate section that discusses the Model Penal Code's approach to the topic. This is then followed by a "Comparative Perspectives" section that encourages students to think about alternative ways of approaching the topic. The richness of the comparative materials used in the casebook is unmatched by its competitors, as many of the materials have been translated by the author. Finally, each chapter ends with a section titled "Scholarly Debates" that introduces the student to some of the philosophical discussions related to the topic.