Criminal Law 2nd Edition by Jennifer L. Moore, ISBN-13: 978-0134559094

Description

Criminal Law 2nd Edition by Jennifer L. Moore, ISBN-13: 978-0134559094

[PDF eBook eTextbook] – Available Instantly

• Publisher: ‎ Pearson; 2nd edition (January 3, 2017)
• Language: ‎ English
• ‎288 pages
• ISBN-10: ‎ 0134559096
• ISBN-13: ‎ 978-0134559094

For courses in Criminal Law.

Brief. Affordable. Visual.

Criminal Law provides an affordable, thought-provoking look at criminal law that uses clear writing and eye-catching visuals to get your students straight to the important concepts. By focusing on the core concepts, students will gain true understanding of the material, without becoming overwhelmed with unnecessary information. The book’s conversation-starting pedagogy encourages active participation in learning, moving students beyond memorization by engaging them in the latest research findings and current events shaping the field.

Updated throughout, the Second Edition covers all of the latest hot-button issues in criminal law and includes interesting, fresh, and controversial cases. All of the existing Court Decision boxes are expanded so that instructors can assign them as case briefs or delve deeper into the cases in the classroom.

Table of Contents:

Criminal Law

Brief Contents

Contents

Preface

Introducing the Justice Series

Changes to the Second Edition

Additional Highlights to the Author’s Approach

Instructor Supplements

Alternate Versions

REVEL for Criminal Law, 2e by Moore and Worrall

About the Authors

Part 1 Foundations

1 The Foundations of Criminal Law

Learning Outcomes

The Ever-Changing Criminal Law

Discussion

The Basics of Criminal Law

Comparing Crimes to Civil Wrongs

Goals of the Criminal Law

Offender Punishment

Community Protection

Offender Protection

The Classification of Crimes

Felonies and Misdemeanors

Malum in Se versus Malum Prohibitum

Sources of Criminal Law

Early Legal Codes

Common Law

Modern Statutes

The Model Penal Code

Constitutional Sources

Reaching a Verdict

Adversary System

Burden of Proof

Presumptions

The Prosecutor and the Defense Attorney

The Prosecutor

The Defense Attorney

The Judge and the Jury

The Role of the Judge

The Judge’s Instructions to the Jury

The Jury

Jury Decision Making

Jury Nullification

Court Organization

Dual Court System

Court Levels

Making Sense of Court Cases

The Practical Meaning of Verdicts

Editing Cases for Readability

Chapter 1 The Foundations of Criminal Law

Learning Outcomes 1 Explain basic criminal law terminology.

Key Terms

Review Questions

Learning Outcomes 2 Summarize the sources of criminal law.

Key Terms

Review Questions

Learning Outcomes 3 Discuss the process of reaching a verdict.

Key Terms

Review Questions

Learning Outcomes 4 Summarize court organization.

Key Terms

Review Questions

2 Limitations on the Criminal Law

Learning Outcomes

Restricting the Paparazzi’s First Amendment Rights?

Discussion

Government’s Law-Making Authority and General Limitations on the Criminal Law

Government’s Law-Making Authority

Separation of Powers

Federalism

General Limitations on the Criminal Law

Legality

Lenity

Equal Protection and Ex Post Facto Limitations on the Criminal Law

Equal Protection

Standards of Scrutiny in Equal Protection Cases

The Ex Post Facto Law Prohibition

Void for Vagueness and Void for Overbreadth Doctrines

Void for Vagueness

Obscenity Cases

Loitering and Vagrancy

The Void for Overbreadth Doctrine

Seditious Speech and Libel

Fighting Words and Threats to the Peace

Group Libel

Eighth Amendment Limitations on the Criminal Law

Death Penalty Cases

Sentence Length and the Eighth Amendment

The Guarantee against Double Jeopardy

When Double Jeopardy Protection Applies

The Blockburger Rule

When Double Jeopardy Protection Does Not Apply

Double Jeopardy and Sentencing

Chapter 2 Limitations on the Criminal Law

Learning Outcomes 1 Explain how the separation of powers and federalism limit the government’s law-making authority.

Key Terms

Review Questions

Learning Outcomes 2 Describe the Fourteenth Amendment’s equal protection clause and the prohibition of ex post facto laws.

Key Terms

Review Questions

Learning Outcomes 3 Summarize the void for vagueness and void for overbreadth doctrines.

Key Terms

Review Questions

Learning Outcomes 4 Describe the protections against cruel and unusual punishment.

Key Term

Review Questions

Learning Outcomes 5 Explain the guarantee against double jeopardy.

Key Terms

Review Questions

3 The Elements of Criminal Liability

Learning Outcomes

What Constitutes “Reckless” Parenting?

Discussion

Introduction to Offense Types

Conduct Crimes

Result Crimes

Actus Reus: The Criminal Act

Voluntary Act

Omission

Model Penal Code

Mens Rea and Concurrence

Traditional and Statutory Mens Rea

Common Mens Rea Terminology

Intent

Knowledge

Negligence

Recklessness

Malice

The Role of Motive

Proving Mens Rea

Model Penal Code Definitions

Strict Liability

Concurrence

Causation

Factual Causation

Legal Causation

Foreseeability

The Defendant’s Mens Rea

Apparent Safety

Substantiality of the Intervening Cause

Voluntary Victim Intervention

Ignorance and Mistake

Ignorance of the Law

Examples of Ignorance

Mistake

When Ignorance or Mistake Can Serve as a Defense

Chapter 3 The Elements of Criminal Liability

Learning Outcomes 1 Explain the difference between conduct and result crimes.

Key Terms

Review Questions

Learning Outcomes 2 Explain actus reus and what constitutes a criminal act.

Key Terms

Review Questions

Learning Outcomes 3 Explain mens rea and the concept of ­concurrence.

Key Terms

Review Questions

Learning Outcomes 4 Explain the difference between factual cause and legal cause.

Key Terms

Review Question

Learning Outcomes 5 Distinguish between ignorance of the law and mistake.

Key Terms

Review Questions

Part 2 Defenses to Criminal Liability

4 Justification Defenses

Learning Outcomes

The Michael Brown Shooting

Discussion

Justification Defenses in Context

Overview of Defenses

Failure of Proof

Justification

Excuse

Offense Modifications

Nonexculpatory Defenses

Perfect and Imperfect Defenses

Self-Defense and Defense of Others

Elements of Self-Defense

Unprovoked Attack

Imminent Danger

Absence of Alternatives

Proportionality

Self-Defense Complications

The “Castle Doctrine”

Battered Woman Syndrome

Defense of Others

Defense of Property and Habitation

Defense of Property

Threatening Deadly Force

Defense of Habitation

“Make My Day” Laws

Spring Guns and Booby Traps

Law Enforcement

Nondeadly Force

Deadly Force

Present Dangerousness

Past Dangerousness

Federal Policy

Necessity and Consent

Necessity

Necessity and Homicide

Consent

Chapter 4 Justification Defenses

Learning Outcomes 1 Distinguish between several types of defenses, including perfect and imperfect defenses.

Key Terms

Review Questions

Learning Outcomes 2 Contrast self-defense and defense of others.

Key Terms

Review Questions

Learning Outcomes 3 Distinguish between defense of habitation and defense of property.

Key Term

Review Questions

Learning Outcomes 4 Explain the law enforcement defense.

Key Term

Review Questions

Learning Outcomes 5 Distinguish between necessity and consent.

Key Terms

Review Questions

5 Excuse Defenses

Learning Outcomes

“The Joker’s” Insanity Defense Fails

Discussion

Introduction to Excuse Defenses

Reasons for Excuse Defenses

Duress

Duress versus Necessity

Elements of the Defense

Duress and Homicide

Intoxication

Voluntary Intoxication

Involuntary Intoxication

Entrapment

Nature of the Defense

Age

Treating Juveniles as Adults

Legislative Exclusion

Waiver

Concurrent Jurisdiction

Insanity

Competency to Stand Trial versus the Insanity Defense

Insanity versus Diminished Capacity

Insanity Tests

The M’Naghten Test

The “Irresistible Impulse” Test

The Model Penal Code Test

The Product Test

The Federal Test

The Real Effect of a Successful Insanity Defense

Guilty but Mentally Ill

Creative Excuses

Excuses Based on Physiology

Excuses Based on Psychology

Sociological Excuses

Chapter 5 Excuse Defenses

Learning Outcomes 1 Identify three reasons why the criminal law allows excuse defenses.

Review Questions

Learning Outcomes 2 Discuss the requirements for a successful duress defense.

Key Term

Review Questions

Learning Outcomes 3 Describe the intoxication defense.

Key Term

Review Questions

Learning Outcomes 4 Summarize what constitutes entrapment.

Key Term

Review Questions

Learning Outcomes 5 Discuss how age serves to excuse criminal conduct.

Key Terms

Review Questions

Learning Outcomes 6 Describe the insanity defense and the controversy surrounding it.

Key Terms

Review Questions

Learning Outcomes 7 Illustrate the differences between physiological, psychological, and sociological excuse defenses with examples.

Key Terms

Review Questions

Part 3 Multiple Offenders and Inchoate Crimes

6 Complicity and Vicarious Liability

Learning Outcomes

Four Accomplices and a Murder

Discussion

Introduction to Accomplice Liability

Parties to a Crime Today

The Elements of Complicity

Accomplice Actus Reus

Physical Conduct

Psychological Influence

Omission

Accomplice Mens Rea

Accessory Actus Reus

Accessory Mens Rea

Complicity Limitations and Defenses

Nonproxyable Offenses

Abandonment

Immunity from Conviction

Vicarious Liability

Corporate Vicarious Liability

Individual Vicarious Liability

Parental Liability for a Child’s Behavior

Principal–Agent Liability

Chapter 6 Complicity and Vicarious Liability

Learning Outcomes 1 Identify the parties to crime today.

Key Terms

Review Questions

Learning Outcomes 2 Explain the elements of complicity and accessorial liability.

Key Term

Review Questions

Learning Outcomes 3 Discuss complicity limitations and defenses.

Key Term

Review Questions

Learning Outcomes 4 Summarize the concept of vicarious liability.

Key Terms

Review Questions

7 Inchoate Crimes

Learning Outcomes

Solicitation or Free Speech?

Discussion

Introduction to Inchoate Crimes: Attempt

Attempt

The Relationship of Attempt to the Substantive Offense

The Mens Rea of Attempt

The Actus Reus of Attempt

The “Last Act” Test

The “Physical Proximity” Test

The “Dangerous Proximity” Test

The “Indispensable Element” Test

The “Probable Desistance” Test

The “Unequivocality” Test

The Model Penal Code “Substantial Step” Test

Defenses to Attempt

Impossibility

Abandonment

Conspiracy

Distinguishing Complicity from Conspiracy

Advantages of Conspiracy Laws

The Mens Rea of Conspiracy

Attendant Circumstances

The “Corrupt Motives” Doctrine

The Actus Reus of Conspiracy

The Agreement

The Overt Act

Conspiracy Complications

Types of Conspiracies

The Length of the Agreement

The Purpose of the Conspiracy

Conspiracy Defenses

Abandonment

Withdrawal

Impossibility

Wharton’s Rule

Solicitation

Elements of Solicitation

Distinguishing Solicitation from Other Crimes

Solicitation under the Model Penal Code

Chapter 7 Inchoate Crimes

Learning Outcomes 1 Explain the concept of inchoate crimes, including what constitutes attempt.

Key Terms

Review Questions

Learning Outcomes 2 Identify the elements and defenses to conspiracy.

Key Terms

Review Questions

Learning Outcomes 3 Distinguish solicitation from other inchoate crimes.

Key Term

Review Questions

Part 4 Crimes against Persons

8 Homicide

Learning Outcomes

When Love and Murder Mix

Discussion

Introduction to Homicide

Homicide Defined

What Is a “Human Being”?

The Beginning of Life

The End of Life

Distinguishing Criminal from Noncriminal Homicide

The Elements of Homicide

Murder

First-Degree Murder

Second-Degree Murder

Manslaughter

Voluntary Manslaughter

Involuntary Manslaughter

Homicide under the Model Penal Code

Issues and Complications for Homicide

Felony Murder

Felony Murder Limitations

Mercy Killings

Physician-Assisted Suicide

Euthanasia

Corporation Murder

Chapter 8 Homicide

Learning Outcomes 1 Explain homicide, including the difference between criminal and noncriminal homicide.

Key Terms

Review Questions

Learning Outcomes 2 Distinguish between the types of murder and manslaughter.

Key Terms

Review Questions

Learning Outcomes 3 Explain felony murder, mercy killings, and corporation murder.

Key Terms

Review Questions

9 Assaultive Offenses

Learning Outcomes

General David Petraeus scandal

Discussion

Rape and Sexual Assault

Comparing Rape and Sexual Assault

Sexual Assault

Elements of Rape

The Mens Rea of Rape

The Actus Reus of Rape

Proving Rape

The Disappearing Corroboration Requirement

Rape Shield Laws

Robbery

Elements of Robbery

The Actus Reus of Robbery

The Mens Rea of Robbery

Armed Robbery

Assault and Battery

Battery

Battery Classifications

Battery without Assault

Assault

Elements of Assault

Levels of Assault

Other Assaultive Offenses

Kidnapping

False Imprisonment

Carjacking

Domestic Offenses

Harassment and Stalking

Chapter 9 Assaultive Offenses

Learning Outcomes 1 Distinguish between rape and sexual assault.

Key Terms

Review Questions

Learning Outcomes 2 Identify the elements of robbery.

Key Term

Review Questions

Learning Outcomes 3 Describe the crimes of assault and battery.

Key Terms

Review Questions

Learning Outcomes 4 Identify other assaultive offenses.

Key Terms

Review Questions

Part 5 Crimes against Property

10 Property Damage and Invasion

Learning Outcomes

Illegal Immigration as Trespassing

Discussion

Property Damage

Arson

Arson at Common Law

Modern-Day Arson

Elements of Arson

Degrees of Arson

Criminal Mischief

Elements of Criminal Mischief

Criminal Mischief without Damage

Vandalism

Property Invasion

Trespassing

Elements of Trespassing

Burglary

Common Law Burglary

Burglary Today

Unlawful Entry

Degrees of Burglary

Property Damage and Invasion with Computers

Cybercrime

The Jurisdiction Problem

Federal Law

Property Invasion with Computers

Property Damage with Computers

Cyberterrorism

Chapter 10 Property Damage and Invasion

Learning Outcomes 1 Identify crimes that cause property damage.

Key Terms

Review Questions

Learning Outcomes 2 Distinguish between property invasion offenses.

Key Terms

Review Questions

Learning Outcomes 3 Explain how property damage and invasion can be accomplished via computers.

Key Terms

Review Questions

11 Theft and Analogous Offenses

Learning Outcomes

A Picture of Hope

Discussion

Larceny

Actus Reus of Larceny

Trespass

Taking

Carrying Away (Asportation)

Personal Property of Another

Mens Rea of Larceny

Larceny Issues and Complications

Concurrence

Finders, Keepers

Claim of Right

Unwilling Sale

Stealing Stolen or Illegal Property

Receiving Stolen Property, Extortion, and Embezzlement

Receiving Stolen Property

Extortion

Embezzlement

Distinguishing between Embezzlement and Larceny

False Pretenses, Forgery and Uttering, and Emerging Theft Offenses

False Pretenses

Elements of False Pretenses

Forgery and Uttering

Elements of Forgery and Uttering

Identity Theft

Theft of Intellectual Property

Consolidation of Theft Offenses

Chapter 11 Theft and Analogous Offenses

Learning Outcomes 1 Identify the elements of larceny.

Key Terms

Review Questions

Learning Outcomes 2 Distinguish receiving stolen property, extortion, and embezzlement.

Key Terms

Review Questions

Learning Outcomes 3 Distinguish false pretenses, forgery, uttering, and emerging theft offenses.

Key Terms

Review Questions

Part 6 Other Crimes

12 Public Order, Morality, and Vice Crimes

Learning Outcomes

The Criminalization of Sodomy

Discussion

Group Criminality and Offenses against Public Order

Group Criminality

Riot

Unlawful Assembly

Gang Activity

Offenses against Public Order

Resisting Arrest

Disorderly Conduct

Breach of Peace

Vagrancy, Loitering, and Panhandling

Vice Crimes and Drug Offenses

Prostitution

Gambling

Pornography and Obscenity

Definitions

Child Pornography

Obscenity on the Internet

Sexting

Alcohol Offenses

Driving under the Influence

Consumption/Possession by Minors

Public Intoxication

Drug Offenses

State Drug Laws

Crimes against Decency and/or Morality

Legislating Morality throughout History

Incest

Indecent Exposure and Voyeurism

Bigamy and Polygamy

Profanity

Chapter 12 Public Order, Morality, and Vice Crimes

Learning Outcomes 1 Describe group criminality and offenses against public order.

Key Terms

Review Questions

Learning Outcomes 2 Summarize vice crimes and drug offenses.

Key Terms

Review Questions

Learning Outcomes 3 Describe crimes against decency and/or morality.

Key Terms

Review Questions

13 Terrorism and Offenses against the State

Learning Outcomes

Terror in San Bernardino

Discussion

Terrorism

Defining Terrorism

Types of Terrorism

Other Forms of Terrorism

Controlling Terrorism

The USA PATRIOT Act

The USA FREEDOM Act

Other Terrorism Legislation

Other Offenses against the State

Treason

Sedition

Espionage

Sabotage

Criminal Syndicalism

Using Traditional Criminal Offenses to Target Offenses against the State

Refusal to Testify before Congress

Trespass

Disorderly Conduct

Threatening the President

Conspiracy and Related Offenses

Chapter 13 Terrorism and Offenses against the State

Learning Outcomes 1 Explain how the criminal law controls terrorism.

Key Terms

Review Questions

Learning Outcomes 2 Distinguish between treason, sedition, espionage, sabotage, criminal syndicalism, and other offenses against the state.

Key Terms

Review Questions

References

Glossary

Name Index

Subject Index

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