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THÔNG TIN TÀI LIỆU
Cấu trúc
Cover
Title Page
Copyright
Table of Contents
Preface
PART ONE: Legal Foundations of Criminal Justice
Chapter 1 Fundamentals of Criminal Law and Procedure
Learning Objectives
Chapter Outline
Introduction
What Is a Crime?
Origins and Sources of the Criminal Law
Constitutional Limitations
The Role of Courts in Developing the Criminal Law
The Criminal Process
Criminal Sanctions
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Chapter 2 Organization of the Criminal Justice System
Learning Objectives
Chapter Outline
Introduction
Legislatures
Law Enforcement Agencies
Prosecutorial Agencies
Counsel for the Defense
Juries
The Courts
The Juvenile Justice System
The Corrections System
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
PART TWO: The Substantive Criminal Law
Chapter 3 Constitutional Limitations on the Prohibition of Criminal Conduct
Learning Objectives
Chapter Outline
Introduction
The Power to Enact Criminal Laws
Delimiting the Crime of Treason
Bills of Attainder and Ex Post Facto Laws
The Bill of Rights
The First Amendment Freedom of Expression
Freedom of Assembly
Free Exercise of Religion
The Right to Keep and Bear Arms
The Doctrines of Vagueness and Overbreadth
Freedom from Compulsory Self-Incrimination
The Prohibition Against Cruel and Unusual Punishments
The Constitutional Right of Privacy
Equal Protection of the Laws
Standards of Judicial Review
The Importance of State Constitutions
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 4 Elements of Crimes and Parties to Crimes
Learning Objectives
Chapter Outline
Introduction
The Actus Reus (The Act Requirement)
The Mens Rea (The Criminal Intent Requirement)
Strict Liability Offenses
The Causation Requirement
Parties to a Crime
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 5 Inchoate Offenses
Learning Objectives
Chapter Outline
Introduction
Attempt
Solicitation
Conspiracy
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 6 Homicidal Offenses
Learning Objectives
Chapter Outline
Introduction
First-Degree Murder
Felony Murder
Second-Degree Murder
Manslaughter
Vehicular Homicide
Justifiable and Excusable Homicide
Prosecutorial Burdens in Homicide Cases
Suicide and Assisted Suicide
The Abortion Controversy
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 7 Other Offenses against Persons
Learning Objectives
Chapter Outline
Introduction
Assaultive Offenses
Stalking
Rape and Sexual Battery
Abusive Offenses
False Imprisonment and Kidnapping
Civil Rights Offenses
Hate Crimes
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 8 Property Crimes
Learning Objectives
Chapter Outline
Introduction
The Common-Law Theft Offenses
The Modern Approach to Theft Offenses
Robbery
Carjacking
Extortion
Forgery and Uttering a Forged Instrument
Worthless Checks
Burglary
Arson
Malicious Mischief
Defenses to Property Crimes
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 9 White-Collar and Organized Crime
Learning Objectives
Chapter Outline
Introduction
Legal Principles Governing White-Collar Crimes
Antitrust Violations
Computer Crimes
Access Device Fraud
Identity Theft
Intellectual Property Offenses
False Statements, Bankruptcy Fraud, and False Claims
Mail and Wire Fraud
Money Laundering and Currency Violations
Securities Fraud
Tax Fraud
Racketeering and Organized Crime
Defenses In White-Collar and Organized Crime Cases
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 10 Vice Crimes
Learning Objectives
Chapter Outline
Introduction
Criminal Prohibitions of Consensual Sexual Conduct
Bigamy and Polygamy
Prostitution
Indecent Exposure and Voyeurism
Obscenity and Pornography
Profanity
Gambling
Animal Cruelty
Alcohol-Related Offenses
Public Intoxication
Driving Under the Influence
Drug Offenses
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 11 Offenses against Public Health and the Environment
Learning Objectives
Chapter Outline
Introduction
Public Health Legislation
Planning and Zoning Laws
The Scope of Federal and State Environmental Statutes
Noise Pollution
Antismoking Legislation
Wildlife Protection Laws
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 12 Offenses against Public Order, Safety, and National Security
Learning Objectives
Chapter Outline
Introduction
Breaches of the Peace
Vagrancy, Loitering, Curfews, and Panhandling
Motor Vehicle Violations
Weapons Offenses
Offenses against National Security
Terrorism and Weapons of Mass Destruction
Immigration Offenses
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 13 Offenses against Justice and Public Administration
Learning Objectives
Chapter Outline
Introduction
Bribery
Perjury
Obstruction of Justice
Resisting Arrest
Compounding a Crime
Escape
Contempt
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Chapter 14 Criminal Responsibility and Defenses
Learning Objectives
Chapter Outline
Introduction
Defenses in General
Defenses Asserting Lack of Capacity to Commit a Crime
Defenses Asserting Excuse or Justification
Defenses Justifying the use of Force
Defenses Based on Constitutional and Statutory Authority
Defenses Based on Improper Government Conduct
Nontraditional Defenses
Conclusion
Chapter Summary
Key Terms
Questions for Thought and Discussion
Problems for Discussion and Solution
Appendix A: Access to the Law through Legal Research
The Nature of Legal Research
Primary Legal Sources
Secondary Sources
Computerized Legal Research
How to Research a Specific Point of Law
Conclusion
Appendix B: The Constitution of the United States of America
Glossary
Case Index
Subject Index
Nội dung
[...]... the laws by deciding particular cases State Legislatures enact laws setting forth state criminal prohibitions and penalties State and Local Law Enforcement, Prosecutorial and Corrections Agencies State Court Systems interpret state laws by deciding particular cases FIGURE 1.1 Overview of the American system of criminallawandprocedure Figure 1.1 provides an overview of the system of criminallaw and. .. the development of the criminal law, the distinction between substantive and procedural criminal law, and the stages of the criminal process Chapter 2 examines the organization of the criminal justice system, with emphasis on the roles of legislatures, courts, and other governmental actors in developing the criminallaw Part II surveys the substantive criminallaw from its common -law sources to its modern... Is a Crime? Origins and Sources of the CriminalLaw Constitutional Limitations The Role of Courts in Developing the CriminalLaw The Criminal Process Criminal Sanctions Conclusion Chapter Summary Key Terms Questions for Thought and Discussion 2 CHAPTER 1 | Fundamentals of CriminalLaw and Procedure ■ 3 In what many in the media called the “trial of the century,” former football and movie star O.J Simpson... students need to know most are the basic concepts of criminallaw and procedure concepts rooted in the English common law, the United States Constitution, and the fifty state constitutions Thus we continue to emphasize the common -law background and constitutional foundations of criminallaw | An Overview of the Text Part I furnishes an overview of the criminallaw Chapter 1 introduces the reader to basic concepts,... revised and supplemented the common law The adversarial system of justice continued, however, and most of the common -law felonies remain part of our criminallaw today Reception of the Common Law in America Our criminal laws are rooted in the common law as it existed when America proclaimed its independence from England in 1776 After independence, the new American states adopted the English common law. .. 5 the relevance of the U.S Constitution, Bill of Rights, and the constitutions of the fifty states to the criminal justice system 6 the different roles of legislatures and courts of law in developing the criminallawandprocedure 7 how to read citations to statutes and cases and how to “brief” a case 8 basic procedural steps associated with criminal prosecutions 9 the variety of sanctions imposed... common law, but many of the old common -law crime definitions have been modified to account for social and economic changes For example, the offense of CHAPTER 1 | Fundamentals of CriminalLawandProcedure ■ 11 rape originated under English common law, but the offense is defined much differently under modern state statutes Today, under most state laws, the offender and victim may be of either sex, and. .. Fundamentals of CriminalLawandProcedure ■ 9 | Origins and Sources of the CriminalLaw Many antisocial acts classified as crimes have their origin in the norms of primitive societies Humanity has universally condemned certain types of behavior since ancient times Acts such as murder, rape, robbery, and arson are considered mala in se, or inherent wrongs Many other acts that the modern law regards as criminal. .. substantive and procedural rules governing the everyday operation of the criminal justice system Substantive criminallaw prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties Procedural criminallaw regulates the enforcement of the substantive law, the determination of guilt, and the punishment of those found guilty of crimes For example, although substantive law. .. responsible for enacting laws that specify crimes and punishments The executive branch is responsible for enforcing those prohibitions and for carrying out CHAPTER 1 | Fundamentals of CriminalLawandProcedure ■ 5 the punishments imposed by the judicial branch, but it is the judicial branch that interprets the laws and ensures that persons charged with crimes receive fair treatment by the criminal justice . 5
Felonies and Misdemeanors 5
Societal Interests Served by the Criminal Law 5
Criminal Law, Morality, and Justice 6
Crime: An Injury against Society 7
Criminal. Role of the Crime Victim 8
Criminal Law Distinguished from Civil Law 8
Origins and Sources of the
Criminal Law 9
Development of Law in the Western World