Criminal Law and Procedure (with CD-ROM and InfoTrac),9780534629250

Criminal Law and Procedure (with CD-ROM and InfoTrac)

by ;
Edition: 5th
ISBN13: 9780534629250
ISBN10: 0534629253
Format: Hardcover
Pub. Date: 2004-06-28
Publisher(s): Cengage Learning
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Summary

This successful and time-tested text differs from most texts offered in the applied legal area in that it is the only one appropriate for a combined course in law and procedure?your one-volume solution! Thetext features a classic organization, and traditional presentation of case law, coupled with coverage of recent trends in law and procedure, and ample student pedagogy. The authors' combined legal and practical experience provides students with first-hand insights into the American legal system. Now 80 pages shorter, and including a FREE Student Companion CD-ROM, this Fifth Edition is more manageable and accessible than ever.

Table of Contents

Preface xiii
PART ONE Legal Foundations of Criminal Justice
1(48)
Fundamentals of Criminal Law and Procedure
2(23)
Introduction
3(1)
What Is a Crime?
4(3)
Civil and Criminal Law
7(1)
The Origins and Sources of the Criminal Law
8(4)
Constitutional Limitations on the Criminal Justice System
12(2)
Stages in the Criminal Process
14(6)
Criminal Punishment
20(5)
Conclusion
23(1)
Key Terms
24(1)
Web-Based Research Activity
24(1)
Questions for Thought and Discussion
24(1)
Organization of the Criminal Justice System
25(24)
Introduction
26(1)
Legislatures
26(3)
Law Enforcement Agencies
29(2)
Prosecutorial Agencies
31(2)
Counsel for the Defense
33(1)
Juries
34(1)
The Courts
35(7)
The Juvenile Justice System
42(1)
The Corrections System
43(6)
Conclusion
46(1)
Key Terms
46(1)
Web-Based Research Activity
47(1)
Questions for Thought and Discussion
47(2)
PART TWO The Substantive Criminal Law
49(318)
Constitutional Limitations on the Prohibition of Criminal Conduct
50(28)
Introduction
51(1)
The Power to Enact Criminal Laws
52(2)
Delimiting the Crime of Treason
54(2)
Bills of Attainder and Ex Post Facto Laws
56(2)
The Bill of Rights
58(1)
The First Amendment Freedom of Expression
59(5)
Freedom of Assembly
64(1)
Free Exercise of Religion
64(2)
The Right to Keep and Bear Arms
66(1)
The Doctrines of Vagueness and Overbreadth
67(2)
Freedom from Compulsary Self-Incrimination
69(1)
The Prohibition against Cruel and Unusual Punishments
70(1)
The Constitutional Right of Privacy
71(2)
Equal Protection of the Laws
73(1)
Standards of Judicial Review
74(1)
The Importance of State Constitutions
75(3)
Conclusion
76(1)
Key Terms
76(1)
Web-Based Research Activity
76(1)
Questions for Thought and Discussion
76(1)
Problems for Discussion and Solution
77(1)
Elements of Crimes and Parties to Crimes
78(16)
Introduction
79(1)
The Actus Reus (The Act Requirement)
79(3)
The Mens Reo (The Criminal Intent Requirement)
82(5)
Strict Liability Offenses
87(1)
The Causation Requirement
88(1)
Parties to a Crime
89(5)
Conclusion
91(1)
Key Terms
92(1)
Web-Based Research Activity
92(1)
Questions for Thought and Discussion
92(1)
Problems for Discussion and Solution
93(1)
Inchoate Offenses
94(16)
Introduction
95(1)
Attempt
95(3)
Solicitation
98(2)
Conspiracy
100(10)
Conclusion
107(1)
Key Terms
108(1)
Web-Based Research Activity
108(1)
Questions for Thought and Discussion
108(1)
Problems for Discussion and Solution
108(2)
Offenses against Persons
110(48)
Introduction
111(1)
Assaultive Offenses
112(5)
Homicide
117(13)
Suicide
130(3)
Rape and Sexual Battery
133(10)
Abortion
143(2)
Abusive Offenses
145(3)
False Imprisonment and Kidnapping
148(4)
Civil Rights Offenses
152(2)
Hate Crimes
154(4)
Conclusion
155(1)
Key Terms
155(1)
Web-Based Research Activity
155(1)
Questions for Thought and Discussion
156(1)
Problems for Discussion and Solution
156(2)
Property Crimes
158(31)
Introduction
159(1)
The Common-Law Theft Offenses
159(3)
The Modern Approach to Theft Offenses
162(4)
Identity Theft
166(2)
Intellectual Property Offenses
168(2)
Robbery
170(4)
Forgery and Uttering a Forged Instrument
174(3)
Worthless Checks
177(1)
Access Device Fraud
178(2)
Habitation Offenses
180(4)
Malicious Mischief
184(1)
Extortion
184(1)
Defenses to Property Crimes
185(4)
Conclusion
186(1)
Key Terms
186(1)
Web-Based Research Activity
187(1)
Questions for Thought and Discussion
187(1)
Problems for Discussion and Solution
187(2)
Offenses against Public Morality
189(24)
Introduction
190(2)
Criminal Prohibitions of Consensual Sexual Conduct
192(5)
Indecent Exposure
197(2)
Voyeurism
199(1)
Obscenity and Pornography
200(6)
Profanity
206(1)
Gambling
207(2)
Animal Cruelty
209(4)
Conclusion
210(1)
Key Terms
211(1)
Web-Based Research Activity
211(1)
Questions for Thought and Discussion
211(1)
Problems for Discussion and Solution
211(2)
Alcohol and Drug Offenses
213(22)
Introduction
214(1)
Prohibition and Regulation of Alcoholic Beverages
214(2)
Public Intoxication
216(1)
Driving under the Influence
216(2)
Origins of the Prohibition of Drugs
218(1)
Modern Drug Laws
219(4)
Prohibition of Drug Paraphernalia
223(1)
Problems of Drug Enforcement and Prosecution
224(2)
The War on Drugs
226(5)
Drug Courts: A New Approach
231(4)
Conclusion
233(1)
Key Terms
233(1)
Web-Based Research Activity
233(1)
Questions for Thought and Discussion
233(1)
Problems for Discussion and Solution
234(1)
White-Collar and Organized Crime
235(21)
Introduction
236(1)
Legal Principles Governing White-Collar Crimes
237(1)
Common Federal White-Collar Crimes
238(10)
Organized Crime
248(5)
Defenses in White-Collar and Organized Crime Cases
253(3)
Conclusion
253(1)
Key Terms
253(1)
Web-Based Research Activity
254(1)
Questions for Thought and Discussion
254(1)
Problems for Discussion and Solution
254(2)
Offenses against Public Health and the Environment
256(26)
Introduction
257(1)
Public Health Legislation
258(4)
Planning and Zoning Laws
262(1)
The Scope of Federal and State Environmental Statutes
263(9)
Noise Pollution
272(2)
Antismoking Legislation
274(1)
Wildlife Protection Laws
275(7)
Conclusion
279(1)
Key Terms
280(1)
Web-Based Research Activity
280(1)
Questions for Thought and Discussion
280(1)
Problems for Discussion and Solution
280(2)
Offenses against Public Order, Safety, and Security
282(25)
Introduction
283(1)
Breaches of the Peace
284(5)
Vagrancy, Loitering, Curfews, and Panhandling
289(6)
Motor Vehicle Violations
295(2)
Weapons Offenses
297(2)
Offenses against National Security
299(3)
Terrorism and Weapons of Mass Destruction
302(5)
Conclusion
304(1)
Key Terms
304(1)
Web-Based Research Activity
304(1)
Questions for Thought and Discussion
304(1)
Problems for Discussion and Solution
305(2)
Offenses against Justice and Public Administration
307(20)
Introduction
308(1)
Bribery
308(4)
Perjury
312(3)
Obstruction of Justice
315(1)
Resisting Arrest
316(1)
Compounding a Crime
317(1)
Escape
318(2)
Contempt
320(7)
Conclusion
324(1)
Key Terms
324(1)
Web-Based Research Activity
324(1)
Questions for Thought and Discussion
324(1)
Problems for Discussion and Solution
325(2)
Criminal Responsibility and Defenses
327(40)
Introduction
328(1)
Defenses in General
328(1)
Defenses Asserting Lack of Capacity to Commit a Crime
329(7)
Defenses Asserting Excuse or Justification
336(6)
Defenses Justifying the Use of Force
342(6)
Defenses Based on Constitutional and Statutory Authority
348(6)
Defenses Based on Improper Government Conduct
354(4)
Nontraditional Defenses
358(9)
Conclusion
361(1)
Key Terms
362(1)
Web-Based Research Activity
363(1)
Questions for Thought and Discussion
363(1)
Problems for Discussion and Solution
364(3)
PART THREE Law Enforcement and Criminal Procedure
367(208)
Search and Seizure
368(40)
Introduction
369(1)
Historical Background
369(3)
When, Where, and to Whom the Fourth Amendment Applies
372(5)
The Scope of Privacy Protected by the Fourth Amendment
377(2)
The Warrant Requirement
379(8)
Exceptions to the Warrant Requirement
387(6)
Exceptions to the Probable Cause Requirement
393(3)
Electronic Surveillance
396(6)
The Exclusionary Rule
402(6)
Conclusion
405(1)
Key Terms
406(1)
Web-Based Research Activity
406(1)
Questions for Thought and Discussion
406(1)
Problems for Discussion and Solution
407(1)
Arrest, Interrogation, and Identification Procedures
408(28)
Introduction
409(1)
Arrest
410(6)
Investigatory Detention
416(6)
Roadblocks, Sobriety Checkpoints, and Drug Checkpoints
422(2)
Requests for Information or Identification
424(1)
Interrogation and Confessions
425(5)
Identification Procedures
430(6)
Conclusion
433(1)
Key Terms
433(1)
Web-Based Research Activity
434(1)
Questions for Thought and Discussion
434(1)
Problems for Discussion and Solution
435(1)
The Pretrial Process
436(33)
Introduction
437(1)
The Right to Counsel
438(4)
Disposition of Petty Offenses
442(1)
The Initial Court Appearance
443(1)
Pretrial Release and Pretrial Detention
444(2)
The Formal Charging Process
446(2)
The Grand Jury
448(3)
Extradition
451(1)
Jurisdiction and Venue
452(1)
Joinder and Severance
453(3)
Pretrial Motions
456(2)
Arraignment
458(1)
Plea Bargaining
459(2)
Availability of Compulsory Process
461(1)
Pretrial Discovery
461(4)
The Right to a Speedy Trial
465(4)
Conclusion
465(1)
Key Terms
466(1)
Web-Based Research Activity
466(1)
Questions for Thought and Discussion
466(1)
Problems for Discussion and Solution
467(2)
The Criminal Trial
469(40)
Introduction
470(1)
Constitutional Rights Pertaining to the Criminal Trial
470(4)
Selection of the Jury
474(5)
Free Press versus Fair Trial
479(2)
``Order in the Court''
481(2)
The Rules of Evidence
483(12)
The Trial Process
495(14)
Conclusion
505(1)
Key Terms
506(1)
Web-Based Research Activity
506(1)
Questions for Thought and Discussion
506(1)
Problems for Discussion and Solution
507(2)
Sentencing and Punishment
509(40)
Introduction
510(2)
Contemporary Forms of Criminal Punishment
512(6)
The Death Penalty
518(8)
The Sentencing Stage of the Criminal Process
526(5)
Granting and Revoking Probation
531(2)
Statutory Approaches to Incarceration
533(7)
The Rights of Prisoners
540(4)
The Rights of Crime Victims
544(5)
Conclusion
545(1)
Key Terms
546(1)
Web-Based Research Activity
546(1)
Questions for Thought and Discussion
546(1)
Problems for Discussion and Solution
547(2)
Appeal and Postconviction Relief
549(26)
Introduction
550(1)
Appeal of Right
551(4)
Discretionary Review
555(1)
The Appellate Process
556(6)
Postconviction Relief
562(9)
Nonjudicial Remedies Available to Persons Convicted of Crimes
571(4)
Conclusion
572(1)
Key Terms
573(1)
Web-Based Research Activity
573(1)
Questions for Thought and Discussion
573(1)
Problems for Discussion and Solution
574(1)
Appendix A Access to the Law through Legal Research
575(17)
The Nature of Legal Research
575(1)
Primary Legal Sources
575(9)
Secondary Sources
584(4)
Legal Research Using the Internet
588(1)
How to Research a Specific Point of Law
589(2)
Conclusion
591(1)
Appendix B The Constitution of the United States of America
592(14)
Glossary 606(28)
Case Index 634(8)
Index 642

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