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Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
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 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.
Law Enforcement, Policing, & Security
Thoroughly updated, the Study Guide includes the following elements to help students get the most out of their classroom experience: learning objectives, a chapter outline and summary, key terms, and a self-test. The self-test consists of multiple-choice, fill-in-the-blank, true-false, and essay questions.
This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.
The Impact of Regulatory Law on American Criminal Justice is designed to provide the reader with an overview of American criminal justice from the perspective of regulatory law enforcement. Government's responsibility to defend the life and property of its citizens from victimization is accomplished through a code of criminal law enforced by a criminal justice system. In addition to laws that protect citizens, the government also enacts laws that criminalize certain behaviors that are deemed to be inconsistent with the best interests of society. These are called regulatory laws, and their effect on the criminal justice system and society are the main focus of the book. Each of the book's three sections addresses one aspect of the overall problem. The first looks at the underlying motivations to enact regulatory laws, particularly those dealing with drugs, prostitution and firearms and the evolution of their enforcement over time. The effect of regulatory law enforcement on each part of the criminal justice system, the police, courts and corrections is examined in the second section of the book. The final section provides insight into the societal outcomes associated with the enforcement of regulatory laws. The book reveals a number of unanticipated consequences resulting from regulatory laws. Most notable is the criminal justice system's lack of resources to effectively enforce and process violations of law. Police do not have enough officers to fully enforce all laws. Yet, they make more arrests than the courts can adequately adjudicate. The judicial process is so overwhelmed that it must rely on plea negotiations in order to circumvent the lengthy trial process thereby reducing criminal charges and/or terms of incarceration. Also, more people are convicted than the correctional facilities can house. Even so, America incarcerates a higher proportion of its population than any other country. Other criminal justice consequences of regulatory law include police corruption, overcrowded prisons and the domination by prison gangs as well as high rates of recidivism. Societal costs of incarceration are numerous and have had a particularly profound effect on minorities and disadvantaged communities in terms of poverty, lost human potential, contagious diseases both in and out of prison, 1.5 million children of current inmates and the perpetuation of a social underclass. The Teacher's Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 171-slide presentation are available to view here. Email [email protected] for more information.
Criminal Procedure: Theory and Practice, 3rd Edition, presents a broad overview of criminal procedure as well as a detailed analysis of specific areas of the law that require specialized consideration. The third edition provides students with an updated, comprehensive text written in reader-friendly language to introduce them the field of criminal procedure. Significant edited legal cases are integrated into each chapter, and comments, notes and questions accompany each case. This edition features a new chapter covering searches of Internet-connected devices and electronic devices that may store personally-connected data. The chapter, The Internet of Things, introduces search and seizure concepts related to electronics. In addition, a section at the conclusion of each chapter, How Would You Decide, allows readers to examine the facts of a real case that contain some of the important concepts form each chapter. The reader can compare his/her resolution of the case with the way the actual court determined the issue. Using a balanced text/case format, the author provides an overview of general criminal procedure as well as guidance for law enforcement actions that honor constitutional protections and comport with the rule of law. Instructor support material prepared by the author is available on our website, including lecture slides and instructor's manual with test bank, as well as online updates on new case law in the area of criminal procedure. This textbook is ideal for all Criminal Justice programs, in both 4-year and 2-year schools, especially those preparing future police officers, as well as a reference for law students, and attorneys.