Essential Criminal Law
2nd Edition
Published on 8. November 2016
Book
Paperback/Softback
440 pages
978-1-5063-4903-9 (ISBN)
Description
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.
Reviews / Votes
"This is the best of the criminal law textbooks I have taught from. I think it is more student-centered. So many texts seem designed to impress other professors, but this one makes sense to the students, while not skimping on the material presented." -- Brian Cranny "I would, and have, described the book as a nice succinct clearly written text ideal for an introductory course in criminal law. I also say that I highly recommend it for such a course, and tell them that I keep using it. I also praise the support (supplemental) materials that come with it." -- Stephen M. Sherlock "...Helpful equations regarding criminal law." -- Stephen A BrundageMore details
Edition
2nd Revised edition
Language
English
Place of publication
Thousand Oaks
United States
Target group
College/higher education
Edition type
Revised edition
Dimensions
Height: 279 mm
Width: 216 mm
Weight
1027 gr
ISBN-13
978-1-5063-4903-9 (9781506349039)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition
Matthew Lippman
Essential Criminal Law
Book
10/2013
1st Edition
SAGE Publications Inc
€109.13
Article exhausted; check for reprint
Person
Matthew Lippman is Professor Emeritus in the Department of Criminology, Law, and Justice at the University of Illinois Chicago (UIC) and has taught criminal law and criminal procedure for more than 30 years. He has also taught courses on civil liberties, law and society, and terrorism and has taught international criminal law at UIC School of Law. He earned a doctorate in political science from Northwestern University, earned a master of laws from Harvard Law School, and is a member of the Pennsylvania Bar. He has been voted by the graduating seniors at UIC to receive the Silver Circle Award for outstanding teaching on six separate occasions and has also received the UIC Flame Award from the University of Illinois Alumni Association, as well as the Excellence in Teaching Award, the Teaching Recognition (Portfolio) Award, the HOPE Award, and the Honors College Fellow of the Year Award. The university chapter of Alpha Phi Sigma, the criminal justice honors society, named him Criminal Justice Professor of the Year on three occasions. In 2008, he was recognized as a College of Liberal Arts and Sciences Master Teacher. He was honored by the College of Liberal Arts and Sciences, which named him Commencement Marshal at the May 2012 graduation. Professor Lippman is also recognized in Who's Who Among America's Teachers.
Professor Lippman is author of 100 articles and author or coauthor of six books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of five other SAGE volumes: Criminal Procedure (4th ed., 2020), Essential Criminal Law (3rd ed., 2020), Law and Society (3rd ed., 2021), Criminal Evidence (2016), and Striking the Balance: Debating Criminal Justice and Law (2018). In 2018, he received the Cornerstone Author Award from SAGE Publishing. His work is cited in hundreds of academic publications and by domestic and international courts and organizations. He also has served on legal teams appearing before the International Court of Justice in The Hague and submitting briefs to the U.S. Supreme Court, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government.
Professor Lippman regularly appears as a radio and television commentator and is frequently quoted in leading newspapers. He has served in every major administrative position at UIC in the Department of Criminology, Law, and Justice including Department Head, Director of Undergraduate Studies, and Director of Graduate Studies.
Professor Lippman is author of 100 articles and author or coauthor of six books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of five other SAGE volumes: Criminal Procedure (4th ed., 2020), Essential Criminal Law (3rd ed., 2020), Law and Society (3rd ed., 2021), Criminal Evidence (2016), and Striking the Balance: Debating Criminal Justice and Law (2018). In 2018, he received the Cornerstone Author Award from SAGE Publishing. His work is cited in hundreds of academic publications and by domestic and international courts and organizations. He also has served on legal teams appearing before the International Court of Justice in The Hague and submitting briefs to the U.S. Supreme Court, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government.
Professor Lippman regularly appears as a radio and television commentator and is frequently quoted in leading newspapers. He has served in every major administrative position at UIC in the Department of Criminology, Law, and Justice including Department Head, Director of Undergraduate Studies, and Director of Graduate Studies.
Content
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
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