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The main objective of this book is to propose an alternative criminal opportunity theory. The authors build upon social control and routine activities to develop a dynamic, multi-contextual criminal opportunity theory. Emphasizing the importance of contextual explanations of criminal acts, they propose two levels of analysis: individual and environmental. At each level, the theory pivots on three broad organizing constructs--offenders motivated to commit criminal acts, targets such as persons or property suitable as objects of criminal acts, and the presence or absence of individuals or other defensive mechanisms capable of serving as guardians against criminal acts. Crime is profoundly real, possessing qualities that make its occurrence and prevention pressing and persistent matters for individuals and societies. Theory, in contrast, is seen as highly abstract and removed from the seriousness of "real life." Theory almost seems to be a peculiar sport of an academic class. The practically minded, even some academic criminologists, are often perplexed by the seeming obsession some scholars have with theory, which, after all, is nothing more than an explanation of facts. The practically minded, seeing a compelling need to identify the crucial factors that could be used to predict and prevent crime, wonder why anyone would invest precious time and energy into speculating about the abstract, underlying details of why crime occurs when and where it does. The authors contend that every intervention, prevention, and policy is based on some theoretical explanation of the causes of human behavior. The improvement of interventions, preventions, and policies is thus directly related to the improvement of theoretical understandings of the abstract, underlying details of the causes of crime. The development of explanations of events, when properly done, is a crucial component to understanding and possibly improving the "real world." This work does just that.
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.
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
This book represents a brief treatise on the theory and research behind the concept of desistance from crime. This ever-growing field has become increasingly relevant as questions of serious issues regarding sentencing, probation and the penal system continue to go unanswered. Rocque covers the history of research on desistance from crime and provides a discussion of research and theories on the topic before looking towards the future of the application of desistance to policy. The focus of the volume is to provide an overview of the practical and theoretical developments to better understand desistance. In addition, a multidisciplinary, integrative theoretical perspective is presented, ensuring that it will be of particular interest for students and scholars of criminology and the criminal justice system.
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
'Criminal Law' is written with the needs of the student foremost in mind to provide, more than ever, as modern and as comprehensive an exposition of the criminal law as he or she could possibly require.
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.