Essential Criminal 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 defences, 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