Criminal Law

Acknowledgments About the Editor About the Author Chapter 1 What is Criminal Law? I. Introduction II. Prohibition III. Punishment IV. State Punishment V. Why Criminal Law Matters VI. Conclusion Chapter 2 The American Criminal Justice System I. Introduction II. The English Origins of Criminal Law III. The Transformation of English Criminal Law During the Colonial Period IV. Colonial American Criminal Justice V. Criminal Justice in the New Republic VI. Crime as a National Political Issue VII. The Processing of Criminal Cases Today VIII. Conclusion Chapter 3 Why Punish? I. Why We Need Theories of Punishment II. Corrective and Preventive Theories III. Preventive Purposes IV. Retribution V. Proportional Punishment and Sentencing Process VI. Conclusion Chapter 4 The Criminal Act I. Offenses II. Legality III. Wrongful Acts IV. Omissions V. A Constitutional Requirement of Conduct VI. A Constitutional Requirement of Voluntariness? VII. Possession VIII. Conclusion Chapter 5 The Criminal Mind I. Introduction II. The Idea of Mens Rea in Ancient and Medieval Law III. Transferred and Presumed Intent in Early Modern English Law IV. The Idea of a Mental Element in 19th Century England and America V. Public Welfare Offenses and the Question of Strict Liability VI. Strict Liability, Statutory Interpretation, and Due Process in the Supreme Court VII. The Model Pebal Code's Culpability Scheme VIII. The Model Penal Code's Default Rules IX. Mistake of Law X. Incapacity for Culpability XI. Conclusion Chapter 6 Homicide, From Killing to Causing I. Introduction II. Origins of English Homicide Law III. English Homicide Law in the Age of Blackstone IV. American Codification of Homicide V. The Utilitarian Critique of Homicide Law VI. The Emergence of Causation as an Element of Homicide VII. Factual Causation VIII. Legal Causation IX. The Model Penal Code's Causation Test X. The Model Penal Code's Homicide Scheme XI. American Homicide Statutes After the Code XII. Death Penalty Law After the Code XIII. Conclusion: The Persistence of Normative Judgment Chapter 7 Rape and Theft, From Force to Non-consent I. Two Offenses Against Consent II. Reflections on Consent III. The "Metamorphosis" of Theft IV. Frauds V. Extortion VI. Robbery and Burglary VII. The Emergence of Rape Liability VIII. The Requirement of Resistance IX. Reform Standards: Force or Nonconsent? X. The Mental Element of Rape XI. Rape by Incapacity, Extortion and Fraud XII. Conclusion Chapter 8 Anticipatory and Participatory Liability I. Introduction II. Punishment of Attempt III. Mental Element of Attempt IV. The Act of Attempting V. Impossible and Abandoned Attempts VI. Solicitation VII. Punishing Conspiracy VIII. Conspiracy: Act and Intent IX. Complicity X. Accomplice Conduct XI. Accomplice Culpability XII. Innocent Agents, Relatively Innocent Agents, and Discrepant Liability XIII. Co-Conspirator and Accomplice Liability for Secondary Crimes XIV. Vicarious and Corporate Liability XV. Conclusion Chapter 9 Justification and Excuse I. Introduction II. Distinguishing and Comparing Justification and Excuse III. Law Enforcement (and other exercises of public authority) IV. Defensive Force V. Necessity VI. Duress VII. Insanity Conclusion Index