NCJ Number
64703
Date Published
1978
Length
294 pages
Annotation
THE EVOLUTION OF CRIMINAL LAW, HOW LAW IS FORMULATED IN THE COURTS AND LEGISLATURES, AND LEGAL CONCEPTS AND THEIR RELATIONSHIP TO SPECIFIC TYPES OF CRIMES ARE EXPLORED IN THIS WORK.
Abstract
A FORMER POLICE OFFICER AND A PUBLIC DEFENDER SCRUTINIZE THE ENTIRE FIELD OF CRIMINAL LAW FROM ITS ORIGINS IN ENGLISH COMMON LAW TO THE MAJOR CRIMES COMMONLY ENCOUNTERED TODAY. SIGNIFICANT COURT OPINIONS ARE INCLUDED TO HIGHLIGHT IMPORTANT ASPECTS OF THE LAW. DETAILED INFORMATION IS PRESENTED REGARDING CRIMINAL HOMICIDE AND ASSAULT, ROBBERY, KIDNAPPING, ARSON, BURGLARY, THEFT CRIMES, RAPE, AND ATTEMPT TO COMMIT CRIME AND SOLICITATION. THE ESSENTIAL ELEMENTS OF EACH FELONY, INCLUDING EXPLANATIONS OF HOW EACH CRIME MAY BE AGGRAVATED BY THE USE OF A WEAPON OR INFLICTION OF INJURY, ARE EXAMINED. PROSECUTION PROBLEMS AND COMMON DEFENSES TO THESE CRIMES ARE PRESENTED. ATTENTION IS FOCUSED ON THE PROSECUTION'S BURDEN OF PROOF TO THE CRIME'S ESSENTIAL ELEMENTS AND DEFENSES TO ONE OR MORE OF THESE ELEMENTS. CRIMINAL RESPONSIBILITY, CRIMINAL INTENT, AND JURISDICTIONAL ISSUES ARE DISCUSSED, AS WELL AS THE ORIGINS OF AMERICAN LAW. A PRIMARY OBJECTIVE OF THE PENALTIES OF CRIMINAL LAW IS TO DETER CRIMINAL BEHAVIOR. UNLESS AN INDIVIDUAL IS AN INFANT OR IS PROVEN TO BE INSANE, HE OR SHE IS RESPONSIBLE FOR ANY CRIMINAL CONDUCT. THERE IS EXCUSE FROM CRIMINAL LIABILITY WHEN SUCH CONDUCT IS IN RESPONSE TO PARTICULAR CIRCUMSTANCES INVOLVING EMERGENCY, DURESS, OR NECESSITY. SELF-DEFENSE IS A CLASSIC EXONERATION, AND OTHER DEFENSES MAY SIMILARLY LIMIT RESPONSIBILITY. ILLUSTRATIONS, TABLES, NOTES, A CASE INDEX, AND A GENERAL INDEX ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LWM).