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Essential Criminal Law
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Essential Criminal Law

Second Edition
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Criminal Law

September 2016 | 440 pages | SAGE Publications, Inc

“This is the best of the criminal law textbooks I have taught from.…So many texts seem designed to impress other professors, but this one makes sense to the students, while not skimping on the material presented.”

Brian Cranny, Greenville Technical College

 

Essential Criminal Law, Second Edition equips students with a foundational and practical understanding of criminal law in the United States, as well as encourages strong legal reasoning skills for students with no prior exposure to case law. Award-winning professor and bestselling author Matthew Lippman guides students through the complexities of the legal system using thought-provoking examples of real-life crimes and legal defenses, along with highly approachable case analyses. Updated with the most current developments in criminal law and public policy, the Second Edition takes students beyond the classroom and prepares them to apply criminal law in today’s legal world.


 
Preface
 
Chapter Organization
 
Organization of the Text
 
Ancillaries
 
Acknowledgments
 
1. The Nature, Purpose, and Function of Criminal Law
Introduction

 
The Nature of Criminal Law

 
Criminal and Civil Law

 
The Purpose of Criminal Law

 
The Principles of Criminal Law

 
Categories of Crime

 
Felonies and Misdemeanors

 
Mala in Se and Mala Prohibita

 
Subject Matter

 
Sources of Criminal Law

 
The Common Law

 
State Criminal Codes

 
State Police Power

 
The Model Penal Code

 
Federal Statutes

 
Constitutional Limitations

 
The Criminal Justice Process

 
The Structure of the Federal and State Court Systems

 
The Federal Judicial System

 
State Judicial Systems

 
Precedent

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
2. Constitutional Limitations
Introduction

 
Rule of Legality

 
Bills of Attainder and Ex Post Facto Laws

 
Bills of Attainder

 
Ex Post Facto Laws

 
The Supreme Court and Ex Post Facto Laws

 
Statutory Clarity

 
Clarity

 
Definite Standards for Law Enforcement

 
Equal Protection

 
Three Levels of Scrutiny

 
The Bill of Rights

 
Nationalization

 
Freedom of Speech

 
Overbreadth

 
Symbolic Speech

 
Hate Speech

 
Freedom of Assembly

 
Time, Place, and Manner Restrictions

 
Freedom of Religion

 
Privacy

 
The Constitutional Right to Privacy

 
The Constitutional Right to Privacy and Same-Sex Relations Between Consenting Adults in the Home

 
The Right to Privacy and the Fourth Amendment

 
The Right to Bear Arms

 
Cruel and Unusual Punishment

 
Methods of Punishment

 
The Amount of Punishment: The Death Penalty

 
The Amount of Punishment: Sentences for a Term of Years

 
Criminal Punishment and Status Offenses

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
3. Elements of Crimes
Introduction

 
Criminal Acts and Thoughts

 
A Voluntary Criminal Act

 
Status

 
Omissions

 
The American and European Bystander Rules

 
Possession

 
Mens Rea Criminal Intent

 
General and Specific Intent

 
Intent Under the Model Penal Code

 
Purposely

 
Knowingly

 
Recklessly

 
Negligently

 
Transferred Intent

 
Strict Liability Offenses

 
Concurrence of Act and Intent

 
Causality

 
Cause in Fact

 
Legal or Proximate Cause

 
Intervening Cause

 
Coincidental Intervening Acts

 
Responsive Intervening Acts

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
4. Parties to Crime
Introduction

 
Parties to a Crime

 
Actus Reus of Accomplice Liability

 
Mens Rea of Accomplice Liability

 
Natural and Probable Consequences Doctrine

 
Accessory After the Fact

 
The Common Law

 
The Elements of Accessory After the Fact

 
Vicarious Liability

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
5. Attempt, Solicitation, and Conspiracy
Introduction

 
Attempt

 
History of Attempt

 
Public Policy and Attempt

 
The Elements of Criminal Attempt

 
Mens Rea of Attempt

 
Actus Reus of Attempt

 
The Physical Proximity and Substantial Step Tests

 
Impossibility

 
Abandonment

 
Solicitation

 
Public Policy

 
The Crime of Solicitation

 
Conspiracy

 
Actus Reus

 
Overt Act

 
Mens Rea

 
Parties

 
The Structure of Conspiracies

 
Criminal Objectives

 
Conspiracy Prosecutions

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
6. Criminal Defenses: Justifications and Excuses
Introduction

 
The Prosecutor’s Burden

 
Affirmative Defenses

 
Justifications and Excuses

 
Defenses Based on a Lack of Capacity to Commit a Crime

 
The Insanity Defense

 
The Right–Wrong Test

 
The Irresistible Impulse Test

 
The Durham Product Test

 
The Substantial Capacity Test

 
Federal Standard

 
Burden of Proof

 
The Future of the Insanity Defense

 
Diminished Capacity

 
Intoxication

 
Voluntary Intoxication

 
Involuntary Intoxication

 
Age

 
Defenses Based on Justification or Excuse

 
Necessity

 
Duress

 
Consent

 
Mistake of Law and Mistake of Fact

 
Mistake of Law

 
Mistake of Fact

 
Defenses Justifying the Use of Force

 
Self-Defense

 
The Central Components of Self-Defense

 
Reasonable Belief

 
Imminence

 
Battered Persons

 
Excessive Force

 
Retreat

 
Defense of Others

 
Defense of the Home

 
The Castle Doctrine in Florida

 
Execution of Public Duties

 
Resisting Unlawful Arrests

 
Defenses Based on Governmental Misconduct

 
Entrapment

 
The Law of Entrapment

 
The Subjective Test

 
The Objective Test

 
The Entrapment Defense

 
New Defenses

 
Some New Defenses

 
The Cultural Defense

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
7. Homicide
Introduction

 
Types of Criminal Homicide

 
Actus Reus and Criminal Homicide

 
Mens Rea and Criminal Homicide

 
Murder

 
First-Degree Murder

 
Capital and Aggravated First-Degree Murder

 
Second-Degree Murder

 
Depraved Heart Murder

 
Felony Murder

 
Manslaughter

 
Voluntary Manslaughter

 
Voluntary Manslaughter Reconsidered

 
Involuntary Manslaughter

 
Negligent Manslaughter

 
The Beginning of Human Life

 
The End of Human Life

 
The Year-and-a-Day Rule

 
Corpus Delicti

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
8. Other Crimes Against the Person
Introduction

 
Assault and Battery

 
The Elements of Battery

 
Simple and Aggravated Battery

 
Dangerous Weapon Battery

 
Mayhem

 
Assault

 
Aggravated Assault

 
The Elements of Assault

 
Stalking

 
The Common Law of Rape

 
The Elements of the Common Law of Rape

 
Rape Reform

 
Punishment and Sexual Assault

 
The Actus Reus of Modern Rape

 
Mens Rea

 
Statutory Rape

 
Withdrawal of Consent

 
Rape Shield Statute

 
Rape Trauma Syndrome

 
Sexual Battery

 
Kidnapping

 
Kidnapping Statutes

 
Criminal Act

 
False Imprisonment

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
9. Crimes Against Property
Introduction

 
Larceny

 
Actus Reus: Trespassory Taking

 
Asportation

 
Property of Another

 
Mens Rea

 
Grades of Larceny

 
Embezzlement

 
False Pretenses

 
Actus Reus

 
Mens Rea

 
Theft

 
Receiving Stolen Property

 
Actus Reus

 
Mens Rea

 
Forgery and Uttering

 
Actus Reus

 
Mens Rea

 
Uttering

 
Simulation

 
Robbery

 
Actus Reus

 
Mens Rea

 
Concurrence

 
Grading Robbery

 
Carjacking

 
Extortion

 
Burglary

 
Breaking

 
Entry

 
Dwelling House

 
Dwelling of Another

 
Nighttime

 
Intent

 
Aggravated Burglary

 
Do We Need the Crime of Burglary?

 
Trespass

 
Arson

 
Burning

 
Dwelling

 
Dwelling of Another

 
Willful and Malicious

 
Grading

 
Criminal Mischief

 
Actus Reus

 
Mens Rea

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
10. White-Collar and Organized Crime
Introduction

 
Corporate Criminal Liability

 
Environmental Crimes

 
Occupational Safety and Health

 
Securities Fraud

 
Insider Trading

 
Mail and Wire Fraud

 
The Travel Act

 
Health Care Fraud

 
Antitrust Violations

 
Identity Theft

 
Access Device Fraud

 
Money Laundering

 
Currency Violations

 
Tax Crime

 
Computer Crime

 
Theft of Intellectual Property

 
Copyright

 
Trademark Fraud

 
Theft of Trade Secrets

 
Racketeer Influenced and Corrupt Organizations

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
11. Crimes Against Public Order and Morality
Introduction

 
Disorderly Conduct

 
Riot

 
Motor Vehicle Violations

 
Public Indecencies: Quality-of-Life Crimes

 
Vagrancy and Loitering

 
Homelessness

 
Gangs

 
The Overreach of Criminal Law

 
Prostitution

 
The Crime of Prostitution

 
Legal Regulation of Prostitution

 
Obscenity

 
Cruelty to Animals

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
12. Crimes Against Social Order and Morality: Alcoholism, Gambling, and Drug Offenses
Introduction

 
Alcoholism

 
Alcoholism and Juveniles

 
Public Intoxication

 
Driving and Alcoholism

 
Gambling

 
State Gambling Laws

 
Internet Gambling

 
Federal Gambling Laws

 
Controlled Substances

 
The “War on Drugs”

 
The Evolution of American Antinarcotics Strategy

 
State Antidrug Laws

 
Possession of Narcotics and Possession With Intent to Distribute Narcotics

 
Marijuana

 
Crystal Meth

 
Prescription Drugs

 
Drug Paraphernalia

 
Assets Forfeiture

 
Drug Testing

 
Drug Courts

 
Office of National Drug Control Policy

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
13. Offenses Against Public Administration and the Administration of Justice
Introduction

 
Official Misconduct

 
Bribery

 
Commercial Bribery

 
Sports Bribery

 
Foreign Corrupt Practices Act

 
Extortion

 
Perjury

 
Subornation of Perjury

 
Obstruction of Justice

 
The Citizen’s Duty to Assist Law Enforcement

 
Resisting Arrest

 
Compounding a Crime

 
Escape

 
Defenses to Prison Escape

 
Contempt

 
Direct and Indirect Criminal Contempt

 
Criminal Contempt and Criminal Law

 
Punishing Criminal Contempt

 
Legislative Contempt

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
14. Crimes Against the State
Introduction

 
Treason

 
Criminal Act and Criminal Intent

 
Prosecuting Treason

 
Sedition

 
Sabotage

 
Espionage

 
Terrorism

 
Definition of Terrorism

 
Terrorism Outside the United States

 
Terrorism Transcending National Boundaries

 
Weapons of Mass Destruction

 
Mass Transportation Systems

 
Harboring or Concealing Terrorists

 
Material Support for Terrorism

 
Combat Immunity

 
State Terrorism Statutes

 
Immigration

 
Violations of Immigration Law

 
State Laws

 
International Criminal Law

 
Case Analysis

 
Chapter Summary

 
Chapter Review Questions

 
Legal Terminology

 
 
Notes
 
Glossary
 
Case Index
 
Subject Index
 
About the Author

Supplements

Student Study Site

Use the Student Study Site to get the most out of your course!
Our Student Study Site is completely open-access and offers a wide range of additional features.

The open-access Student Study Site includes the following:

  • Mobile-friendly practice quizzes allow for independent assessment by students of their mastery of course material
  • Mobile-friendly eFlashcards strengthen understanding of key terms and concepts
  • Tables and figures from the book
  • Suggested answers to the "You Decide" boxes in the text are provided for reference.
  • Reprint of cases for instructors to assign or use in class.
  • List of statutes that appear throughout the chapters.
  • Appendices
Instructor Resources Site
    SAGE offers an exceptionally robust set of offerings for both student and instructor resources, all accessible from each title’s companion website. The Student Study Site is completely open access, making it as easy as possible for your students to use. The Instructor Teaching Site is verified and password-protected, offering you both peace of mind and a wealth of support for your courses.

    Calling all instructors!
    It’s easy to log on to SAGE’s password-protected Instructor Teaching Site for complete and protected access to all text-specific Instructor Resources. Simply provide your institutional information for verification and within 72 hours you’ll be able to use your login information for any SAGE title!

    Password-protected Instructor Resources include the following:
  • A Microsoft® Word® test bank is available, containing multiple choice, true/false, short answer, and essay questions for each chapter. The test bank provides you with a diverse range of pre-written options as well as the opportunity for editing any question and/or inserting your own personalized questions to effectively assess students’ progress and understanding.
  • Editable, chapter-specific PowerPoint® slides offer complete flexibility for creating a multimedia presentation for the course
  • Lecture notes summarize key concepts by chapter to ease preparation for lectures and class discussions
  • Tables and figures from the book are provided for your courses
  • Suggested answers to the "You Decide" boxes in the text are provided for reference.
  • Reprint of cases for instructors to assign or use in class.
  • List of statutes that appear throughout the chapters.
  • Appendices 

“This is the best of the criminal law textbooks I have taught from.  I think it is more student-centered.  So many texts seem designed to impress other professors, but this one makes sense to the students, while not skimping on the material presented.”

Brian Cranny
Greenville Technical College

“I would, and have, described the book as a nice succinct clearly written text ideal for an introductory course in criminal law.  I also say that I highly recommend it for such a course, and tell them that I keep using it.  I also praise the support (supplemental) materials that come with it.”

Stephen M. Sherlock
California State University, Chico

“…Helpful equations regarding criminal law.”

Stephen A Brundage
College of DuPage
Key features

NEW TO THIS EDITION

  • New You Decide scenarios in every chapter challenge students to put their own legal reasoning into action by answering questions about novel fact patterns based on actual appellate cases. The court's final decisions are reproduced on the ancillary websites with author commentary.
  • Updated tables along with legal equation boxes are incorporated throughout to aid visual learners and make the text even more approachable.
  • New Criminal Law in the News and Criminal Law and Public Policy sections engage students by tying chapter material with current developments in law to deepen their understanding of how criminal law functions in the real world.
  • New chapter-opening vignettes introduce students to key topics covered in each chapter.
  • New edited cases near the end of each chapter build critical-thinking skills and expand students’ legal vocabulary by asking them to analyze and discuss cases that relate to the chapter material.

KEY FEATURES

  • Chapter summaries and discussion questions at the end of each chapter reinforce the student’s understanding of the concepts and can act as a quick reference for building their knowledge of criminal law.
  • Chapter-opening vignettes offer students a real-world issue in criminal law to consider while they learn new chapter concepts.
  • Excerpts from the Model Penal Code are analyzed to show students the attempt to encourage all states to adopt a uniform approach to criminal law.
  • Learning Objectives at the beginning of each chapter prepare students to better understand the content that follows.
  • Notes throughout the text direct students to the robust student study site, for eFlashcards, quizzes, suggested answers to the You Decide questions, reprints of cases, statutes, online appendices, and more!

Sample Materials & Chapters

Chapter 3

Chapter 9


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