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This document presents the Commission's view on the need for reform together with their recommendations and commentary.
Criminal Law: Problems, Statutes, and Cases combines effective, innovative teaching methods, such as the use of problems and visual materials, with cases, including recent opinions on bias intimidation, possession of child pornography, threatening speech on social media, and theft of computer code. Key features include: A problem methodology. The book incorporates problem methodology with extensive use of problems, many based on recent cases. A statutory approach. A primary goal of the book is teaching skills in interpreting and, to a lesser degree, writing statutes. Visual materials. Visual materials include: (1) diagrammed crimes; (2) graphic exercises, such as having students create a timeline to compare and contrast various tests for the conduct element in attempt; and (3) video clip recommendations from a wide range of movies and TV shows such as The Wire and Breaking Bad.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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.
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.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.