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Contemporary Criminal Law Concepts Cases and
Controversies 5th Edition Matthew Lippman Digital
Instant Download
Author(s): Matthew Lippman
ISBN(s): 9781544308135, 1544308132
Edition: 5
File Details: PDF, 7.65 MB
Language: english
Contemporary Criminal Law
5th Edition
2
For NBB
3
Contemporary Criminal Law
Concepts, Cases, and Controversies
5th Edition
Matthew Lippman
University of Illinois at Chicago
4
FOR INFORMATION:
E-mail: [email protected]
1 Oliver’s Yard
55 City Road
United Kingdom
India
3 Church Street
Singapore 049483
All rights reserved. No part of this book may be reproduced or utilized in any
form or by any means, electronic or mechanical, including photocopying,
recording, or by any information storage and retrieval system, without permission
in writing from the publisher.
5
Model Penal Code © 1985 by the American Law Institute. Reprinted with
permission. All rights reserved.
Printed in the United States of America
Title: Contemporary criminal law : concepts, cases, and controversies / Matthew Lippman,
University of Illinois at Chicago.
6
Brief Contents
1. Preface
2. Chapter 1 The Nature, Purpose, and Function of Criminal Law
3. Chapter 2 Constitutional Limitations
4. Chapter 3 Punishment and Sentencing
5. Chapter 4 Actus Reus
6. Chapter 5 Mens Rea, Concurrence, Causation
7. Chapter 6 Parties to Crime and Vicarious Liability
8. Chapter 7 Attempt, Conspiracy, and Solicitation
9. Chapter 8 Justifications
10. Chapter 9 Excuses
11. Chapter 10 Homicide
12. Chapter 11 Criminal Sexual Conduct, Assault and Battery, Kidnapping, and
False Imprisonment
13. Chapter 12 Burglary, Trespass, Arson, and Mischief
14. Chapter 13 Crimes Against Property
15. Chapter 14 White-Collar Crime
16. Chapter 15 Crimes Against Public Order and Morality
17. Chapter 16 Crimes Against the State
18. Notes
19. Glossary
20. Case Index
21. Subject Index
22. About the Author
7
Detailed Contents
Preface
The Case Method
Chapter Organization
Organization of the Text
New to the Fifth Edition
Digital Resources
Acknowledgments
Chapter 1 The Nature, Purpose, and Function of Criminal Law
• Test Your Knowledge
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
• Crime in the News
• You Decide 1.1
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 2 Constitutional Limitations
• Test Your Knowledge
Introduction
The Rule of Legality
Bills of Attainder and Ex Post Facto Laws
Bills of Attainder
Ex Post Facto Laws
8
The Supreme Court and Ex Post Facto Laws
Statutory Clarity
Clarity
Definite Standards for Law Enforcement
Void for Vagueness
• State v. Stanko
• Cases and Comments
• You Decide 2.1
Equal Protection
Three Levels of Scrutiny
• People of the Virgin Islands v. Lake
• Cases and Comments
• YOU DECIDE 2.2
Freedom of Speech
Overbreadth
Hate Speech
• STATE V. DOUGLAS D.
• CASES AND COMMENTS
• YOU DECIDE 2.3
PRIVACY
The Constitutional Right to Privacy
• YOU DECIDE 2.4
The Constitutional Right to Privacy and Same-Sex Relations
Between Consenting Adults in the Home
• CASES AND COMMENTS
The Right to Bear Arms
• You Decide 2.5
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 3 Punishment and Sentencing
• Test Your Knowledge
Introduction
Punishment
Purposes of Punishment
Retribution
Deterrence
Rehabilitation
Incapacitation
Restoration
Sentencing
9
Approaches to Sentencing
Sentencing Guidelines
Plea Bargaining
• You Decide 3.1
Truth in Sentencing
Victims’ Rights
Cruel and Unusual Punishment
Methods of Punishment
The Amount of Punishment: Capital Punishment
Lethal Injection
The Juvenile Death Penalty
• Roper v. Simmons
• Cases and Comments
• Crime in the News
The Amount of Punishment: Sentences for a Term of Years
The Amount of Punishment: Drug Offenses
• You Decide 3.2
Criminal Punishment and Status Offenses
• Cases and Comments
• You Decide 3.3
EQUAL PROTECTION
• You Decide 3.4
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 4 Actus Reus
• Test Your Knowledge
Introduction
Criminal Acts
A Voluntary Criminal Act
• Model Penal Code
• The Legal Equation: Actus Reus
Status Offenses
• State v. Fields
• Cases and Comments
• You Decide 4.1
• You Decide 4.2
• People v. Kellogg
• You Decide 4.3
• Crime in the News
Omissions
10
The American and European Bystander Rules
The Duty to Intervene
• The Legal Equation: Omission of a Duty
• Model Penal Code
• Jones v. United States
• You Decide 4.4
Possession
• Model Penal Code
• The Legal Equation: Possession
• State v. Cashen
• Cases and Comments
• You Decide 4.5
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 5 Mens Rea, Concurrence, Causation
• Test Your Knowledge
Introduction
Mens Rea
The Evidentiary Burden
The Model Penal Code Standard
• Model Penal Code
Purposely
• Commonwealth v. Rink
• Cases and Comments
• You Decide 5.1
Knowingly
• State v. Nations
• You Decide 5.2
Recklessly
• Hranicky v. State
• You Decide 5.3
Negligently
• People v. Baker
• You Decide 5.4
Strict Liability
• Steelman v. State
• You Decide 5.5
Concurrence
• The Legal Equation: Concurrence
• State v. Rose
11
• You Decide 5.6
Causation
Cause in Fact
Legal or Proximate Cause
Intervening Cause
Coincidental Intervening Acts
Responsive Intervening Acts
• The Legal Equation: Causality
The Model Penal Code
• People v. Cervantes
• Cases and Comments
• Crime in the News
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 6 Parties to Crime and Vicarious Liability
• Test Your Knowledge
Introduction
Parties to a Crime
Actus Reus of Accomplice Liability
• State v. Ulvinen
• Cases and Comments
• You Decide 6.1
Mens Rea of Accomplice Liability
• Model Penal Code
• The Legal Equation: Complicity
• United States v. Fountain
• You Decide 6.2
Natural and Probable Consequences Doctrine
• State v. Robinson
• You Decide 6.3
• You Decide 6.4
Accessory After the Fact
The Common Law
The Elements of Accessory After the Fact
• Model Penal Code
• The Legal Equation: Accessory After the Fact
• Sherron v. State
• Cases and Comments
• You Decide 6.5
• Crime in the News
12
Vicarious Liability
• The Legal Equation: Vicarious Liability
Corporate Liability
Public Policy
• Commonwealth v. Koczwara
Automobiles, Parents, and Vicarious Liability
Traffic Tickets
• You Decide 6.6
Parents
• You Decide 6.7
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 7 Attempt, Conspiracy, and Solicitation
• Test Your Knowledge
Introduction
Attempt
History of Attempt
Public Policy and Attempt
The Elements of Criminal Attempt
• The Legal Equation: Attempt
Mens Rea of Attempt
• Smallwood v. State
Actus Reus of Attempt
Three Legal Tests
The Physical Proximity and Substantial Step Tests
• Illinois v. Johnson
• You Decide 7.1
Impossibility
• You Decide 7.2
• State v. Glass
• Cases and Comments
• You Decide 7.3
Abandonment
• Ross v. State
• You Decide 7.4
Conspiracy
Actus Reus
Overt Act
Mens Rea
Parties
13
The Structure of Conspiracies
Criminal Objectives
Conspiracy Prosecutions
• Model Penal Code
• The Legal Equation: Conspiracy
• United States v. Garcia
• Cases and Comments
• You Decide 7.5
• Crime in the News
Solicitation
Public Policy
The Crime of Solicitation
• Model Penal Code
• The Legal Equation: Solicitation
• State v. Cotton
• You Decide 7.6
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 8 Justifications
• Test Your Knowledge
Introduction
The Prosecutor’s Burden
Affirmative Defenses
Mitigating Circumstances
Self-Defense
The Central Components of Self-Defense
• Model Penal Code
• The Legal Equation: Self-Defense
• State v. Marshall
• You Decide 8.1
Reasonable Belief
• People v. Goetz
• Cases and Comments
Imminence
• State v. Norman
• Cases and Comments
• You Decide 8.2
Excessive Force
Retreat
• United States v. Peterson
14
• Cases and Comments
Defense of Others
Defense of the Home
• People v. Ceballos
• You Decide 8.3
Execution of Public Duties
The Modern Legal Standard
• Model Penal Code
• The Legal Equation: Deadly Force, An Arrest
• Tennessee v. Garner
• Cases and Comments
• Crime in the News
Resisting Unlawful Arrests
• Model Penal Code
• The Legal Equation: Use of Force in Self-Defense in an Arrest
Necessity
• Model Penal Code
Consent
• The Legal Equation: Necessity
• Belton v. State
• Cases and Comments
• You Decide 8.4
• You Decide 8.5
• State v. Branson
• Model Penal Code
• The Legal Equation: Consent
Cases and Comments
• You Decide 8.6
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 9 Excuses
• Test Your Knowledge
Introduction
The Insanity Defense
The Right-Wrong Test
• The Legal Equation: M’Naghten Right-Wrong Test
The Irresistible Impulse Test
The Durham Product Test
• The Legal Equation: Irresistible Impulse Test
• The Legal Equation: Durham Product Test
15
The Substantial Capacity Test
• The Legal Equation: Substantial Capacity Test
Burden of Proof
The Future of the Insanity Defense
• Moler v. State
• Cases and Comments
• You Decide 9.1
Diminished Capacity
• Crime in the News
Intoxication
Voluntary Intoxication
Involuntary Intoxication
• Brancaccio v. State
• You Decide 9.2
Age
• Brazill v. State
• State v. Ramer
• You Decide 9.3
Duress
The Elements of Duress
Duress and Correctional Institutions
The Duress Defense
• United States v. Contento-Pachon
• You Decide 9.4
• Model Penal Code
• The Legal Equation: Duress
• Cases and Comments
Mistake of Law and Mistake of Fact
Mistake of Law
Mistake of Fact
• The Legal Equation: Mistake of Law and Mistake of Fact
• You Decide 9.5
Entrapment
The Law of Entrapment
The Subjective Test
The Objective Test
Due Process
The Entrapment Defense
• The Legal Equation: Subjective and Objective Tests
• Miller v. State
New Defenses
• Crime in the News
16
Some New Defenses
The Cultural Defense
• State v. Ramirez
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 10 Homicide
• Test Your Knowledge
Introduction
Types of Criminal Homicide
Actus Reus and Criminal Homicide
• The Legal Equation: Criminal Homicide
The Beginning of Human Life
• You Decide 10.1
• People v. Davis
• Cases and Comments
The End of Human Life
Mens Rea and Criminal Homicide
Murder
First-Degree Murder
• The Legal Equation: First-Degree Murder
• State v. Forrest
• Cases and Comments
Capital and Aggravated First-Degree Murder
• Owen v. State
• Cases and Comments
• Crime in the News
Second-Degree Murder
• The Legal Equation: Second-Degree Murder
• Midgett v. State
• You Decide 10.2
Depraved Heart Murder
• The Legal Equation: Depraved Heart Murder
• State v. Davidson
• You Decide 10.3
• You Decide 10.4
Felony Murder
• The Legal Equation: Felony Murder
• People v. Lowery
• You Decide 10.5
• You Decide 10.6
17
Corporate Murder
• State v. Far West Water & Sewer Inc.
• Cases and Comments
Manslaughter
Voluntary Manslaughter
Voluntary Manslaughter Reconsidered
• The Legal Equation: Voluntary Manslaughter
• Girouard v. State
• Cases and Comments
• You Decide 10.7
Involuntary Manslaughter
Negligent Manslaughter
• People v. Mehserle
• You Decide 10.8
Misdemeanor Manslaughter
• The Legal Equation: Misdemeanor Manslaughter
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 11 Criminal Sexual Conduct, Assault and Battery, Kidnapping, and
False Imprisonment
• Test Your Knowledge
Introduction
The Common Law of Rape
The Elements of the Common Law of Rape
Rape Reform
The Impact of Rape Reform
Punishment and Sexual Assault
The Actus Reus of Modern Rape
• Commonwealth v. Berkowitz (1)
• Commonwealth v. Berkowitz (2)
• In the Interest of M.T.S.
• Cases and Comments
Other Approaches to the Actus Reus of Modern Rape
• You Decide 11.1
Mens Rea
Statutory Rape
• Garnett v. State
Withdrawal of Consent
• People v. John Z.
• You Decide 11.2
18
Rape Shield Laws
• You Decide 11.3
Assault and Battery
The Elements of Battery
Simple and Aggravated Battery
Domestic Battery
Assault
Aggravated Assault
The Elements of Assault
• Model Penal Code
• You Decide 11.4
• The Legal Equation: Battery
• Carter v. Commonwealth
• Waldon v. State
• You Decide 11.5
• Crime in the News
Kidnapping
Criminal Intent
Criminal Act
• Model Penal Code
• The Legal Equation: Kidnapping
• People v. Dominguez
• You Decide 11.6
False Imprisonment
• Model Penal Code
• The Legal Equation: False Imprisonment
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 12 Burglary, Trespass, Arson, and Mischief
• Test Your Knowledge
Introduction
Burglary
Breaking
Entry
Dwelling House
Dwelling of Another
Nighttime
Intent
Aggravated Burglary
Do We Need the Crime of Burglary?
19
• Model Penal Code
• The Legal Equation: Burglary
• Bruce v. Commonwealth
• Lacey v. Commonwealth
• You Decide 12.1
• You Decide 12.2
Trespass
• Model Penal Code
• The Legal Equation: Criminal Trespass
• You Decide 12.3
Arson
Burning
Dwelling
Dwelling of Another
Willful and Malicious
Grading
• Model Penal Code
• The Legal Equation: Arson
• In re Jesse L.
• You Decide 12.4
• Crime in the News
Criminal Mischief
Actus Reus
• The Legal Equation: Criminal Mischief
Mens Rea
• State v. Fitch
• Cases and Comments
• You Decide 12.5
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 13 Crimes Against Property
• Test Your Knowledge
Introduction
Larceny
Actus Reus: Trespassory Taking
Asportation
Property of Another
Mens Rea
Grades of Larceny
• The Legal Equation: Larceny
20
• Lee v. State
• Cases and Comments
• You Decide 13.1
Embezzlement
• Model Penal Code
• The Legal Equation: Embezzlement
• People v. Casas
False Pretenses
• You Decide 13.2
Actus Reus
Mens Rea
• Model Penal Code
• The Legal Equation: False Pretenses
• People v. Abbott
• Cases and Comments
Theft
• Model Penal Code
Identity Theft
• State v. Morales
• Cases and Comments
Computer Crime
• United States v. Nosal
• Cases and Comments
• You Decide 13.3
• You Decide 13.4
• Crime in the News
Receiving Stolen Property
Actus Reus
Mens Rea
• Model Penal Code
• The Legal Equation: Receiving Stolen Property
• Hurston v. State
• You Decide 13.5
Forgery and Uttering
Actus Reus
Mens Rea
Uttering
Simulation
• Model Penal Code
• The Legal Equation: Forgery and Uttering
Robbery
• People v. Cunningham
21
• You Decide 13.6
Actus Reus
Mens Rea
Concurrence
Grading Robbery
• Model Penal Code
• The Legal Equation: Robbery
• Rockmore v. State
• You Decide 13.7
• You Decide 13.8
Carjacking
Extortion
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 14 White-Collar Crime
• Test Your Knowledge
Introduction
Environmental Crimes
Occupational Health and Safety
Securities Fraud
Insider Trading
Mail and Wire Fraud
The Travel Act
Health Care Fraud
Money Laundering
• United States v. Jackson
Antitrust Violations
• Crime in the News
Public Corruption
• You Decide 14.1
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 15 Crimes Against Public Order and Morality
• Test Your Knowledge
Introduction
Disorderly Conduct
• Model Penal Code
• In re Cesar
22
• Cases and Comments
Riot
• Model Penal Code
• People v. Upshaw
Public Indecencies: Quality-of-Life Crimes
Vagrancy and Loitering
• Model Penal Code
Homelessness
• Joyce v. City and County of San Francisco
• Cases and Comments
Gangs
• City of Chicago v. Morales
• Cases and Comments
The Overreach of Criminal Law
Prostitution and Solicitation
The Crime of Prostitution
Legal Regulation of Prostitution
• People v. McGinnis
• Model Penal Code
• Cases and Comments
Obscenity
• Brown v. Entertainment Merchants Association
• Crime in the News
Cruelty to Animals
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Chapter 16 Crimes Against the State
• Test Your Knowledge
Introduction
Treason
Criminal Act and Criminal Intent
Prosecuting Treason
• The Legal Equation: Treason
Sedition
• The Legal Equation: Sedition
Sabotage
• The Legal Equation: Sabotage
Espionage
• The Legal Equation: Espionage
Terrorism
23
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
• The Legal Equation: Support to Terrorists
Combat Immunity
• Crime in the News
State Terrorism Statutes
• State v. Yocum
International Criminal Law
Chapter Summary
Chapter Review Questions
Legal Terminology
Test Your Knowledge Answers
Notes
Glossary
Case Index
Subject Index
About the Author
24
Preface
This book reflects the insights and ideas developed over the course of more than
30 years of teaching criminal law and criminal procedure to undergraduate
criminal justice students. The volume combines the concepts and learning tools
found in undergraduate texts with the types of challenging cases and issues that
are characteristic of law school casebooks. Each chapter incorporates several
features:
25
The Case Method
One of my aims is to provide a book that students find interesting and instructors
consider educationally valuable. I have found that undergraduates enjoy and easily
absorb material taught through the case method. In my experience, learning is
encouraged when students are presented with concrete factual situations that
illustrate legal rules. The case method also lends itself to an interactive educational
environment in which students engage in role-playing or apply legal precedents to
novel factual scenarios. The case method has the additional benefit of assisting
students to refine their skills in critical reading and analysis and in logical
thinking.
The cases in the text are organized to enhance learning and comprehension. The
decisions have been edited to emphasize the core components of the judgments,
and technicalities have been kept to a minimum. Each case is divided into Facts,
Issue, Reasoning, and Holding. I strongly believe in the educational value of
factual analysis and have included a fairly full description of the facts. The
textbook highlights the following:
Classic Cases. The book includes various classic cases that are fundamental
to the study of criminal law as well as cases that provide a clear statement of
the law.
Contemporary Cases. I have incorporated contemporary cases that reflect our
increasingly diverse and urbanized society. This includes cases that address
the issues of drugs, gangs, stalking, terrorism, cyber crime, white-collar
crime, cultural diversity, and animal rights. Attention is also devoted to
gender, race, domestic violence, and hate crimes.
Legal Issues. The vast majority of the decisions have been selected to raise
important and provocative legal issues. For instance, students are asked to
consider whether the law should be expanded to provide that a vicious
verbal attack constitutes adequate provocation for voluntary manslaughter.
Facts. In other instances, the cases illustrate the challenge of applying legal
rules. For example, decisions present the difficulty of distinguishing between
various grades of homicide and the complexity of determining whether an
act constitutes a criminal attempt.
Public Policy. I have found that among the most engaging aspects of
teaching criminal law are the questions of public policy, law, and morality
that arise in various cases. The book constantly encourages students to
reflect on the impact and social context of legal rules and raises issues
throughout, such as whether we are justified in taking a life to preserve
26
several other lives under the law of necessity.
27
Chapter Organization
Each chapter is introduced by a vignette. This is followed by the Test Your
Knowledge feature, which is intended to interest students in the material and to
help students focus on the important points. The Introduction to the chapter
then provides an overview of the discussion.
The cases are introduced by essays. These discussions clearly present the
development and elements of the relevant defense, concept, or crime and also
include material on public policy considerations. Each case is introduced by a
question that directs students to the relevant issue.
The essays are often accompanied by an analysis of the Model Penal Code. This
provides students with an appreciation of the diverse approaches to criminal
statutes. The discussion of each defense or crime concludes with a legal equation
that clearly presents the elements of the defense or crime.
The chapters close with a Chapter Summary that outlines the important points.
This is followed by Chapter Review Questions and Legal Terminology. A Web
exercise is included on the study site. A Glossary appears at the end of the book.
Additional learning tools are included on the website.
Most of the chapters also include Crime in the News. This is a brief discussion of
legal developments and cases that students have likely encountered in the media.
The purpose is to highlight contemporary issues and debates and to encourage
students to consider the impact of the media in shaping our perceptions. Several
chapters also include Crime on the Streets, which employs graphs to illustrate
the frequency of various criminal offenses or other pertinent information. This is
intended to give students a sense of the extent of crime in the United States and
to connect the study of criminal law to the field of criminal justice. The website
provides resources that enable instructors to augment the material in the book
and to assist in student learning.
28
Organization of the Text
The textbook provides broad coverage. This enables instructors to select from a
range of alternative topics. You will also find that subjects are included that are
not typically addressed. The discussion of rape, for instance, includes “withdrawal
of consent” and “rape shield statutes.” Expanded coverage is provided on topics
such as sentencing, homicide, white-collar crime, and terrorism.
The textbook begins with the nature, purpose, and constitutional context of
criminal law as well as sentencing and then covers the basic elements of criminal
responsibility and offenses. The next parts of the textbook discuss crimes against
the person and crimes against property and business. The book concludes with
discussions of crimes against public morality and crimes against the state.
29
illegally enhance an individual’s income or corporate profits. This chapter
covers a range of topics, including environmental crimes, securities fraud,
mail and wire fraud, and public corruption.
Crimes Against Public Order, Morality, and the State. Chapter 15 focuses
on crimes against public order and morality that threaten the order and
stability of the community. The chapter covers a number of topics including
disorderly conduct, riot, vagrancy, and efforts to combat homelessness,
gangs, and prostitution. Chapter 16 discusses crimes against the state,
stressing counterterrorism.
30
New to the Fifth Edition
In writing the fifth edition I have drawn on my experience in teaching the text.
The changes to the book were adopted following a thorough review of
contemporary court decisions and developments. I focused my efforts on
sharpening topics that caused students particular problems in previous editions.
The standard was whether a modification assisted in teaching and learning. The
primary changes to the text include the following:
Cases. New cases have been added that illuminate important concepts. This
includes decisions on criminal acts, criminal intent, parties, attempt,
necessity, duress, corporate crime, kidnapping, malicious mischief, identity
theft, computer crime, prostitution, and terrorism. A number of cases have
been placed on the study site. Several cases from the fourth edition have
been edited to highlight important aspects of the decision.
New Material. Chapters have been updated to maintain the contemporary
content and theme of the book and to clarify concepts discussed in the
book. The text references a number of recent U.S. Supreme Court decisions
and other legal developments of interest.
You Decide. Most chapters include one or more new “You Decide” sections.
These problems clarify concepts, illustrate the complexity of legal analysis,
and enhance the interactive character of the text. Instructors also will find
additional hypothetical problems on the password-protected instructor
teaching site, which can be accessed at
http://edge.sagepub.com/lippmanccl5e.
Crime in the News. Several chapters have new or updated “Crime in the
News” features.
Student Study Site. New material has been added to the study site to assist
in student learning. You will find a number of interesting cases, SAGE
journal articles, video links, a bibliography for each chapter, state statutes,
and more on the student study site, which is available at
http://edge.sagepub.com/lippmanccl5e.
Reorganization. The book has undergone some reorganization to streamline
the text.
31
Digital Resources
http://edge.sagepub.com/lippmanccl5e
32
For Instructors
SAGE edge for Instructors supports your teaching by making it easy to integrate
quality content and create a rich learning environment for students.
33
For Students
SAGE edge for Students provides a personalized approach to help students
accomplish their coursework goals in an easy-to-use learning environment.
34
Acknowledgments
I am hopeful that the textbook conveys my passion and enthusiasm for the
teaching of criminal law and contributes to the teaching and learning of this most
fascinating and vital topic. The book has been the product of the efforts and
commitment of countless individuals who deserve much of the credit.
I also greatly benefited from reviewers who as noted made valuable contributions
to the previous editions. A number of reviewers of the fourth edition proved
especially helpful and I am grateful for their invaluable contributions.
The people at SAGE Publications are among the most skilled professionals that
an author is likely to encounter. An author is fortunate to publish with SAGE, a
company that is committed to quality books. Acquisitions Editor Jessica Miller
provided intelligent suggestions and expert direction. Laura Kirkhuff, Content
Development Editor, is responsible for supervising the construction of the study
site. Senior Project Editor Tracy Buyan once again proved to be a superb
professional and supervised the preparation of the lengthy manuscript and was
responsible for monitoring a myriad of details associated with publication of the
text. A special thanks as well to Marketing Manager Jillian Ragusa. I would also
like to thank all the expert professionals at SAGE in production and design, and
in marketing and sales, who contributed their talent. The text was immensely
improved by the meticulous and intelligent copyediting and expertise of copy
editor Ellen Howard.
35
Baber, and Agata Fijalkowski, as well as Nan Kamen-Judd, Sharon Savinski,
Mindie Lazarus-Black, Bill Black, Donna Dorney, the late Leanne Lobravico, Jess
Maghan, Sean McConville, Oneida Mascarenas, Sheldon Rosing, Maeve Barrett
Burke, Bryan Burke, Bill Lane, Annamarie Pastore, Kerry Petersen, Robin
Wagner, Donna Dorney, Ken Janda, Kris Clark, Jennifer Woodard, Tom
Morante, and Marianne Splitter. I also must thank the late Ralph Semsker and
Isadora Semsker and their family. Dr. Mary Hallberg has been an important
person in my life, and the late Lidia Janus remains my true north and source of
inspiration.
My source for the Model Penal Code excerpts throughout the text is Model Penal
Code © 1985 by the American Law Institute. Reprinted with permission. All
rights reserved.
36
1 The Nature, Purpose, and Function of Criminal
Law
As the videotape begins, it shows that King rose from the ground and charged
toward Officer Powell. Powell took a step and used his baton to strike King on
the side of his head. King fell to the ground. From the 18th to the 30th second
on the videotape, King attempted to rise, but Powell and Wind each struck
him with their batons to prevent him from doing so. From the 35th to the 51st
second, Powell administered repeated blows to King’s lower extremities; one of
the blows fractured King’s leg. At the 55th second, Powell struck King on the
chest, and King rolled over and lay prone. At that point, the officers stepped
back and observed King for about 10 seconds. . . . At one-minute-five-seconds
(1:05) on the videotape, Briseno, in the District Court’s words, “stomped” on
King’s upper back or neck. King’s body writhed in response. At 1:07, Powell
and Wind again began to strike King with a series of baton blows, and Wind
kicked him in the upper thoracic or cervical area six times until 1:26. At about
1:29, King put his hands behind his back and was handcuffed.
37
Introduction
Criminal law is the foundation of the criminal justice system. The law defines the
conduct that may lead to an arrest by the police, trial before the courts, and
incarceration in prison. When we think about criminal law, we typically focus on
offenses such as rape, robbery, and murder. States, however, condemn a range of
acts in their criminal codes, some of which may surprise you. In Alabama, it is a
criminal offense to promote or engage in a wrestling match with a bear or to train
a bear to fight in such a match.1 A Florida law states that it is unlawful to possess
“any ignited tobacco product” in an elevator.2 Rhode Island declares that an
individual shall be imprisoned for seven years who voluntarily engages in a duel
with a dangerous weapon or who challenges an individual to a duel.3 In
Wyoming, you can be arrested for skiing while being impaired by alcohol4 or for
opening and failing to close a gate in a fence that “crosses a private road or river.”5
You can find criminal laws on the books in various states punishing activities such
as playing dominos on Sunday, feeding an alcoholic beverage to a moose, cursing
on a miniature golf course, making love in a car, or performing a wedding
ceremony when either the bride or groom is drunk.6 In Louisiana, you risk being
sentenced to 10 years in prison for stealing an alligator, whether dead or alive,
valued at $1,000.7
38
The Nature of Criminal Law
Are there common characteristics of acts that are labeled as crimes? How do we
define a crime? The easy answer is that a crime is whatever the law declares to be
a criminal offense and punishes with a penalty. The difficulty with this approach
is that not all criminal convictions result in a fine or imprisonment. Rather than
punishing a defendant, the judge may merely warn him or her not to repeat the
criminal act. Most commentators stress that the important feature of a crime is
that it is an act that is officially condemned by the community and carries a sense
of shame and humiliation. Professor Henry M. Hart Jr. defines crime as “conduct
which, if . . . shown to have taken place,” will result in the “formal and solemn
pronouncement of the moral condemnation of the community.”8
The central point of Professor Hart’s definition is that a crime is subject to formal
condemnation by a judge and jury representing the people in a court of law. This
distinguishes a crime from acts most people would find objectionable that
typically are not subject to state prosecution and official punishment. We might,
for instance, criticize someone who cheats on his or her spouse, but we generally
leave the solution to the individuals involved. Other matters are left to institutions
to settle; schools generally discipline students who cheat or disrupt classes, but
this rarely results in a criminal charge. Professional baseball, basketball, and
football leagues have their own private procedures for disciplining players. Most
states leave the decision whether to recycle trash to the individual and look to peer
pressure to enforce this obligation.
39
Criminal and Civil Law
How does criminal law differ from civil law? Civil law is that branch of the law
that protects the individual rather than the public interest. A legal action for a
civil wrong is brought by an individual rather than by a state prosecutor. You may
sue a mechanic who breaches a contract to repair your car or bring an action
against a landlord who fails to adequately heat your apartment. The injury is
primarily to you as an individual, and there is relatively little harm to society. A
mechanic who intentionally misleads and harms a number of innocent
consumers, however, may find himself or herself charged with criminal fraud.
Civil and criminal actions are characterized by different legal procedures. For
instance, conviction of a crime requires the high standard of proof beyond a
reasonable doubt, although responsibility for a civil wrong is established by the
much lower standard of proof by a preponderance of the evidence or roughly
51% certainty. The high standard of proof in criminal cases reflects the fact that a
criminal conviction may result in a loss of liberty and significant damage to an
individual’s reputation and standing in the community.9
The difference between a civil and criminal action is not always clear, particularly
with regard to an action for a tort, which is an injury to a person or to his or her
property. Consider the drunken driver who runs a red light and hits your car. The
driver may be sued in tort for negligently damaging you and your property as well
as criminally prosecuted for reckless driving. The purpose of the civil action is to
compensate you with money for the damage to your car and for the physical and
emotional injuries you have suffered. In contrast, the criminal action punishes the
driver for endangering society. Civil liability is based on a preponderance of the
evidence standard, while a criminal conviction carries a possible loss of liberty and
is based on the higher standard of guilt beyond a reasonable doubt. You may
recall that former football star O. J. Simpson was acquitted of murdering Nicole
40
Brown Simpson and Ron Goldman but was later found guilty of wrongful death
in a civil court and ordered to compensate the victims’ families in the amount of
$33.5 million.
The distinction between criminal and civil law proved immensely significant for
Kansas inmate Leroy Hendricks. Hendricks was about to be released after serving
10 years in prison for molesting two 13-year-old boys. This was only the latest
episode in Hendricks’s almost 30-year history of indecent exposure and
molestation of young children. Hendricks freely conceded that when not
confined, the only way to control his sexual urge was to “die.”
41
The Purpose of Criminal Law
We have seen that criminal law primarily protects the interests of society, and civil
law protects the interests of the individual. The primary purpose or function of
criminal law is to help maintain social order and stability. The Texas Criminal
Code proclaims that the purpose of criminal law is to “establish a system of
prohibitions, penalties, and correctional measures to deal with conduct that
unjustifiably and inexcusably causes or threatens harm to those individual or
public interests for which state protection is appropriate.”12 The New York
Criminal Code sets out the basic purposes of criminal law as follows:13
42
The Principles of Criminal Law
The study of substantive criminal law involves an analysis of the definition of
specific crimes (specific part) and of the general principles that apply to all crimes
(general part), such as the defense of insanity. In our study, we will first review
the general part of criminal law and then look at specific offenses. Substantive
criminal law is distinguished from criminal procedure. Criminal procedure
involves a study of the legal standards governing the detection, investigation, and
prosecution of crime and includes areas such as interrogations, search and seizure,
wiretapping, and the trial process. Criminal procedure is concerned with “how
the law is enforced”; criminal law involves “what law is enforced.”
Professors Jerome Hall14 and Wayne R. LaFave15 identify the basic principles that
compose the general part of the criminal law. Think of the general part of the
criminal law as the building blocks that are used to construct specific offenses
such as rape, murder, and robbery.
We now turn to a specific part of the criminal law to understand the various types
of acts that are punished as crimes.
43
Categories of Crime
44
Felonies and Misdemeanors
There are a number of approaches to categorizing crimes. The most significant
distinction is between a felony and a misdemeanor. A crime punishable by death
or by imprisonment for more than one year is a felony. Misdemeanors are crimes
punishable by less than a year in prison. Note that whether a conviction is for a
felony or for a misdemeanor is determined by the punishment provided in the
statute under which an individual is convicted rather than by the actual
punishment imposed. Many states subdivide felonies and misdemeanors into
several classes or degrees to distinguish between the seriousness of criminal acts.
Capital felonies are crimes subject either to the death penalty or to life in prison
in states that do not have the death penalty. The term gross misdemeanor is used
in some states to refer to crimes subject to between six and twelve months in
prison, whereas other misdemeanors are termed petty misdemeanors. Several
states designate a third category of crimes that are termed violations or
infractions. These tend to be acts that cause only modest social harm and carry
fines. These offenses are considered so minor that imprisonment is prohibited.
This includes the violation of traffic regulations.
45
Exploring the Variety of Random
Documents with Different Content
[1000] Leurs noms se trouvent dans S. Épiphanes, hæres. 72,
tome 1, page 842; c'étaient Eulogius, Adelphius, Alexandre,
Ammonius, Harpocration, Isaac, Isidore, Aunubion, Pétrinus,
Euphratius et Aaron.—S.-M.
[1001] Toute la partie de l'Égypte, située au midi du lieu où le Nil
se divise en plusieurs bras pour former le Delta, est une vallée
longue et étroite, traversée dans toute sa longueur par le fleuve.
Cette vallée, mal défendue à droite et à gauche contre les
envahissements du désert, par des montagnes arides et
sablonneuses, n'est composée que des terres cultivables que le
Nil inonde tous les ans de ses eaux. Un peu au-dessus du lieu où
fut l'antique Memphis, sur le côté occidental du fleuve, entre cette
ville et la province de Fayoum (le nome Arsinoïte des anciens),
que les sables environnent de tous les côtés, on trouve une vallée
sablonneuse qui se prolonge jusqu'à une fort grande distance
dans le désert. Elle conduit à une espèce d'oasis, d'une étendue
très-circonscrite, située à-peu-près à une égale distance
d'Alexandrie et de Memphis. C'est dans ce canton séparé, par la
nature, de tous les pays habités, que les pieux cénobites, qui
étaient en si grand nombre dans le quatrième et le cinquième
siècle de notre ère, avaient choisi leur retraite; aussi y trouvait-on
une multitude de monastères. Les auteurs anciens l'appellent
Scytis, Scétès, Scithis, Scytiaca et Scythium; ce ne sont que des
altérations du nom égyptien Schihet, que portaient ces solitudes.
Il signifie balance du cœur; mais c'est en vain qu'on a voulu
établir un rapport entre ce sens et la destination religieuse de ce
lieu, on doit le regarder comme fortuit, puisque le nom dont il
s'agit se trouve déja dans la géographie de Ptolémée. Au milieu
de ce canton, il y avait une colline sur laquelle était élevé le
principal de ces monastères, désigné plus particulièrement sous le
nom de Scétis ou Scété. On y trouvait encore le Lycus, ruisseau
assez considérable, et un lac ou un marais célèbre par la grande
quantité de natron qu'il produit. C'est à cette production naturelle
que cette région dut le nom de Nitriotis, que lui donnèrent aussi
les anciens, et qui fit appeler Nitrie un des monastères qu'elle
contenait. M. Étienne Quatremère, membre de l'Académie des
Inscriptions et Belles-Lettres, a donné de longs et curieux détails
sur cette contrée dans ses Mémoires géographiques et historiques
sur l'Égypte, t. 1, p. 451-490.—S.-M.
[1002] Indépendamment du fanatisme religieux qui fut le
principal et véritable moteur de cette persécution, il paraît que
l'on voulut la faire passer pour l'application d'une loi qui se trouve
encore dans le Code théodosien, l. 12, tit. 1, leg. 63, et dont
l'objet était de mettre des bornes au goût de la vie monastique,
qui faisait alors des progrès alarmants pour l'état.—S.-M.
[1003] Cette lettre très-longue et très-détaillée a été insérée
presque toute entière dans l'Histoire ecclésiastique de Théodoret,
l. 4, c. 22.—S.-M.
DE L'HISTOIRE DU BAS-EMPIRE.
LIVRE TREIZIÈME.