NCJ Number
143352
Date Published
1993
Length
975 pages
Annotation
The five parts of this book collectively present criminal law as a body of law, something partaking of knowledge and judgment, worth studying for "its own sake."
Abstract
Part One presents the framework of criminal law by showing the way its basic concepts and theories function in the law of homicide. In Part Two, the manner in which criminal law develops is illustrated by aspects of the past and current development of the law of theft. Part Three uses the crime of rape to present the relationship between law and its social context. Part Four includes some of the general part of criminal law in a sequence from harmful acts for which the actor claims an excuse to (criminal) acts that may not be harmful but for which the actor can claim no excuse; concepts considered for the most part in Part One are reexamined in a context shaped to emphasize the tension in criminal law between attention to the actor and attention to the act. Part Five briefly notes specific constitutional limitations on aspects of criminal law that were previously considered without specific reference to the Constitution and then opens the discussion outward to embrace individual liberty. The appendix contains four actual presentence reports that enable students to test their intuitions and general conclusions about appropriate punishment in specific contexts. A bibliography is keyed to sections of the text. Subject index