NCJ Number
61402
Date Published
1979
Length
810 pages
Annotation
PRINCIPLES OF SUBSTANTIVE CRIMINAL LAW, CASE LAW ILLUSTRATING MAJOR POINTS, AND RECENT DECISIONS OF THE SUPREME COURT ARE PRESENTED IN THIS LAW SCHOOL TEXT.
Abstract
THE INTRODUCTORY PORTION OF THE TEXT DEALS WITH THE GENERAL FRAMEWORK OF CRIMINAL LAW. MATERIAL CONCERNING THE SCOPE OF CRIMINAL ACTIVITY AND THE PROCEDURE FOR PROCESSING A CRIMINAL CASE IS FOLLOWED BY PROCEDURAL DISCUSSION CONSIDERED ESSENTIAL TO AN UNDERSTANDING OF THE CONTEXT OF SUBSTANTIVE CRIMINAL LAW ISSUES. TRADITIONAL CRIMES ARE DESCRIBED SUMMARILY TO PROVIDE A GENERAL BACKGROUND OF THE LAW. PENALTY PROVISIONS ARE ALSO DISCUSSED WITH SPECIAL ATTENTION DEVOTED TO THE DEATH PENALTY. THE CRIMINALIZATION ISSUE IS PRESENTED IN TWO INTERRELATED FORMS. FIRST, MATERIALS FAMILIARIZE THE STUDENT WITH THE DEBATE OVER THE FUNCTIONS AND JUSTIFICATIONS FOR THE USE OF THE CRIMINAL PENALTY. SECOND, THE WORK EXAMINES THE CONSTITUTIONALLY DERIVED LIMITATIONS ON SOME OF THE FORMS OF CONDUCT WHICH MAY BE CRIMINALIZED AND ON THE TECHNIQUES WHICH MAY BE EMPLOYED BY THE STATE IN ITS EFFORT TO CONTROL BEHAVIOR THROUGH CRIMINAL LAW. REMAINING SECTIONS DESCRIBE SUBSTANTIVE CRIMINAL LAW WITH HOMICIDE OFFENSES TREATED IN A SEPARATE SECTION. ISSUES CONCERNING THE MEANING AND APPROPRIATENESS OF VARIOUS REQUIREMENTS OF SPECIFIC SUBSTANTIVE CRIMES ARE DEALT WITH IN THE CONTEXT OF GENERAL REQUIREMENTS OF THE ACT, STATE OF MIND, AND RESULTS. ADDITIONAL SECTIONS ADDRESS INCHOATE OFFENSES, DEFENSES, AND JUSTIFICATION AND EXCUSE, INCLUDING PSYCHOLOGICAL ABNORMALITY OF THE OFFENDER. FOOTNOTES, REFERENCES, AN APPENDIX, AN INDEX, AND A TABLE OF CASES ARE PROVIDED IN THE TEXTBOOK. (AUTHOR ABSTRACT MODIFIED-LWM).