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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
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.
Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to "hack" the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter law. The explanatory sections describe the law through lively language and colorful examples that students can readily grasp and remember. Providing students with a clear doctrinal overview permits the selection of cases that drill down deeper into fundamental or cutting-edge issues. Many of the principal cases put the old wine of the criminal law into new bottles that students will find meaningful and interesting. In addition to homicide, rape, assault, traditional property crimes and drug offenses, the cases selected include environmental and white collar crime, obstruction of justice, criminal copyright infringement, hate crimes, sex trafficking, online threats, revenge porn and computer crimes. Short discussion questions follow each case that stimulate understanding of the holding and the deeper issues at stake. Additional materials raise important critical perspectives dealing with issues of race, class and gender. Practice problems and links to online video clips allow students to apply what they are learning, and the appendix contains numerous materials for engaging lawyering exercises.
This book is designed to be easy to use and to produce rewarding and insightful classroom discussion. The focus is on teachability, rather than encyclopedic coverage of the field. The book includes modern cases that reflect the current state of the law and older cases that help students understand and evaluate the modern approach. The book contains numerous hypotheticals designed to stimulate and encourage thought and discussion. The authors have also included materials to help students develop practice skills.
In his student treatise, noted authority Paul Robinson uses the Model Penal Code, realistic hypotheticals, and lucid explanations to describe the existing rules of American criminal law. (In fact, professors consistantly remark on how well written and clear Robinson's text is.) He explains the reasoning behind those rules, The interrelation among them, and their application. Robinson gives the MPC's position on each topic, along with the most common deviations from it. Rather than viewing each rule in isolation, he examines each part of criminal law as a piece of a machine for determining criminal liability. The six parts of the book define those interrelationships: Introduction General Principles in the Definition of Offenses Principles of Imputation General Defenses Inchoate Liability Specific Offenses Since lawyers who know the reasoning of the drafters have a powerful advantage in arguing for a particular interpretation of a code provision, Robinson points students to important bibliographic sources at the end of each section. Each chapter starts with a hypothetical based on a real case. Throughout the chapter, Robinson refers back To The hypothetical, using it as a vehicle to analyze and clarify abstract concepts. Numerous footnotes, case references, and bibliographies make this text a lasting research tool. For a meaningful exploration of this fascinating area of study, you can depend on Paul Robinson's Criminal Law . Be sure to recommend this vital work to your next criminal law class.
This book introduces the future of criminal law. It covers every aspect of crime in the digital age, assembled together for the first time. Topics range from Internet surveillance law and the Patriot Act to computer hacking laws and the Council of Europe cybercrime convention. More and more crimes involve digital evidence, and computer crime law will be an essential area for tomorrow's criminal law practitioners. Many U.S. Attorney's Offices have started computer crime units, as have many state Attorney General offices, and any student with a background in this emerging area of law will have a leg up on the competition. This is the first law school book dedicated entirely to computer crime law. The materials are authored entirely by Orin Kerr, a new star in the area of criminal law and Internet law who has recently published articles in the Harvard Law Review, Columbia Law Review, NYU Law Review, and Michigan Law Review. The book is filled with ideas for future scholarship, including hundreds of important questions that have never been addressed in the scholarly literature. The book reflects the author's practice experience, as well: Kerr was a computer crime prosecutor at the Justice Department for three years, and the book combines theoretical insights with practical tips for working with actual cases. Students will find it easy and fun to read, and professors will find it an angaging introduction to a new world of scholarly ideas. The book is ideally suited either for a 2-credit seminar or a 3-credit course, and should appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed.
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.
As in the first edition, Comparative Criminal Procedure presents a topical approach to the subject, focusing on the roles of public prosecutors, police, victims, and defense attorneys in the investigation of criminal cases and trials up through the judgment phase. Thaman uses high court jurisprudence in English translation to elucidate the European approach to important, and often controversial, areas of criminal procedure, and he also links criminal procedure with its roots in substantive criminal law. Thaman looks at the early reactions to flagrant and secret crimes as the historical roots of modern criminal procedure. The approaches of the old inquisitorial system and the use of torture to solve circumstantial evidence crimes are also presented. The Second Edition retains the basic content and organization of the original edition. It updates the citations to U.S. Supreme Court cases and to important literature which has appeared in the last six years. Some new important cases are referred to, primarily in footnotes. Stylistic improvements to the text and translations have been made and glossary entries (including some Russian terms) have been added. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law.