NCJ Number
81434
Date Published
1981
Length
344 pages
Annotation
This text examines criminal law in the United States, the purposes and philosophies underlying the laws when they were written, and the emerging approaches to bring the law into greater conformity with the experiences of the 1960's and 1970's.
Abstract
Designed for students, teachers, and generalists, the text explains the nature and functions of criminal law, as well as American criminal law sources and settings. American criminal law is mainly derived from English common law and has also been shaped by legislative politics and judicial discretion. The law pertaining to individual offenses is analyzed. The text discusses crimes of stealth and force -- e.g., homicide and burglary -- as well as economic crimes -- usury, tax evasion, and others. The text notes the growth of administrative crimes defined by bureaucratic agencies. Other types of crimes described in a historical context are judicial, political, and victimless crimes. The text also deals with such defenses as insanity, entrapment, and intoxication. The criminal law concerning agents and parties is delineated, with attention to the replacement of common law categories with different notions of individual and collective responsibility. Emphasis is placed on the American Law Institutes' Model Penal Code. The text describes the proposed new Federal criminal code and the new comprehensive criminal code which took effect in New Jersey in September 1979. Concluding analyses consider the need for leadership and compromise between political parties for Federal criminal law reform. Exhibits drawn from statutes, case decisions, newspapers, journal articles, government studies, and scholarly sources illustrate major aspects of criminal law. An index, glossary, table of cases, and bibliography listing 42 sources are provided. An appendix lists and describes the jurisdictional locations of criminal laws.