NCJ Number
129382
Date Published
1991
Length
1002 pages
Annotation
This textbook for a criminal law course is designed to develop students' powers of analysis and synthesis, impart knowledge of fundamental jurisprudence, introduce legal history, and develop the students' ability to deal with common law and statute.
Abstract
The first chapter combines sentencing law and basic constitutional restrictions affecting criminal law with background on procedures, punishment theory, and initial consideration of what the criminal law can and cannot accomplish. Chapter II discusses the theoretical anatomy of a criminal offense -- the elements of mens rea (guilty intent) and actus reus (guilty act) -- and uses such crimes as assault and rape for the illumination of both the particular crimes and the theoretical models. In discussing theft offenses, chapter III analyzes them primarily from the perspective of historical development in English common and statutory law concluding with a discussion of the problems of statutory consolidation. Chapter IV uses the law of arson, burglary, and kidnapping as a starting point for the examination of problems of statutory construction and drafting. A chapter on homicide, including legal justification, excuse, and mitigation, also focuses on problems of public policy and the justice of the criminal law. The final chapter on accomplices, attempted offenses, and conspiracy identifies a number of difficult legal problems in these areas for which no resolution is yet in sight. For individual chapters and appended material, see NCJ-129383-89. Chapter discussion questions and notes and appended Model Penal Code and Federal Sentencing Guidelines