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CONTENTS Preface Acknowledgments Special Notice INTRODUCTION A. The Career of a Criminal Case 1. Procedure Before Trial Donald Dripps, Criminal Justice Process 2. Substantive Legal Issues Before Trial 3. Procedure at Trial 4. Substantive Legal Issues on Appeal B. Sources of Criminal Law 1. Statutes 2. Precedent 3. Constitutions C. The Analysis of Criminal Liability 1. The Purpose of Analysis 2. The Model Penal Code Scheme 3. The German Scheme D. Burdens of Proof and Due Process I JUST PUNISHMENT Colorado Revised Statutes 1 THE PURPOSES AND LIMITS OF PUNISHMENT A. An Introductory Problem Notes and Questions B. Utilitarianism and Retributivism John Braithwaite and Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice C. Utilitarian Punishment 1. The Utility Principle as a Limit on Punishment Jeremy Bentham, The Theory of Legislation 2. Deterrence Jeremy Bentham, The Theory of Legislation James Q. Wilson, Thinking About Crime Anthony N. Doob & Cheryl Marie Webster, Sentence Severity and Crime: Accepting the Null Hypothesis Louis Seidman, Soldiers, Martyrs, and Criminal Law: Utilitarianism and the Problem of Crime Control Dan M. Kahan, Social Influence, Social Meaning, and Deterrence Notes and Questions 3. Rehabilitation David Rothman, The Discovery of the Asylum Edward L. Rubin, The Inevitability of Rehabilitation Francis A. Allen, Criminal Justice, Legal Values, and the Rehabilitative Ideal Elliot Currie, Confronting Crime: An American Challenge Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America Notes and Questions 4. Incapacitation James Q. Wilson, Thinking About Crime Alfred Blumstein and Jacqueline Cohen, Characterizing Criminal Careers Franklin E. Zimring and Gordon Hawkins, Incapacitation: Penal Confinement and the Restraint of Crime Markus Dirk Dubber, Recidivist Statutes as Arational Punishment Notes and Questions D. Retribution 1. Retribution as a Limit on Punishment H.J. McCloskey, A Non-Utilitarian Approach to Punishment John Rawls, Two Concepts of Rules Guyora Binder & Nicholas J. Smith, Framed: Utilitarianism and Punishment of the Innocent Herbert Packer, The Limits of the Criminal Sanction Alan H. Goldman, The Paradox of Punishment David Dolinko, Three Mistakes of Retributivism Michael L. Corrado, The Abolition of Punishment Kansas v. Hendricks Notes and Questions 2. Retribution as an Affirmative Justification for Punishment a. The Appeal to Intuition Michael Moore, Law and Psychiatry Notes and Questions b. The Argument from Social Contract Herbert Morris, On Guilt and Innocence Jeffrie Murphy, Marxism and Retribution Notes and Questions c. The Expressive Argument Joel Feinberg, Doing and Deserving Jean Hampton, Punishment as Defeat Notes and Questions E. Beyond Utility and Desert: Educative Theories of Punishment Herbert Morris, A Paternalistic Theory of Punishment R.A. Duff, Trials and Punishments John Braithwaite, Crime, Shame, and Reintegration Notes and Questions F. Proportionality Ewing v. California Notes and Questions G. Modern Guidelines Sentencing Kevin Reitz, Sentencing: Guidelines 1. Due Process, the Jury, and Sentencing Designs Apprendi v. New Jersey Notes and Questions 2. The Blakely-Booker Revolution in Sentencing II THE ELEMENTS OF THE CRIMINAL OFFENSE 2 THE CRIMINAL ACT A. The Need for an Actus Reus Proctor v. State Notes and Questions B. Omissions Notes and Questions C. Possession United States v. Maldonado Notes and Questions D. The Requirement of Harm Lawrence v. Texas Notes and Questions E. The Requirement of Voluntariness People v. Newton Notes and Questions Martin v. State Notes and Questions People v. Grant Notes and Questions F. The Prohibition of ¿Status¿ Crimes Robinson v. California Notes and Questions Johnson v. State Notes and Questions G. Legality United States v. Hudson and Goodwin Notes and Questions State v. Egan Notes and Questions Rogers v. Tennessee Notes and Questions H. Specificity Chicago v. Morales Notes and Questions 3 THE GUILTY MIND A. The Requirement of a Guilty Mind People v. Dillard Notes and Questions United States v. Wulff Notes and Questions Lambert v. California Notes and Questions B. Categories of Culpability Regina v. Faulkner Notes and Questions Model Penal Code §§1.13 and 2.02 Notes and Questions C. Mistake and Mens Rea Default Rules Regina v. Prince Notes and Questions People v. Ryan Notes and Questions D. ¿Mistake of Law¿ 1. Introduction to Mistake of Law 2. Mistake of Law and Mens Rea People v. Bray Notes and Questions United States v. Baker Notes and Questions Cheek v. United States Notes and Questions 3. Mistake of Law as an Excuse Commonwealth v. Twitchell Notes and Questions E. Capacity for Mens Rea Hendershott v. People Notes and Questions State v. Cameron Notes and Questions Montana v. Egelhoff Notes and Questions 4 CAUSATION A. ¿But-For¿ Causation Regina v. Martin Dyos Notes and Questions R. v. Benge Notes and Questions B. Violent Acts Hubbard v. Commonwealth Notes and Questions C. Proximate Cause: Forseeability and Related Limitations Commonwealth v. Rhoades Notes and Questions D. Intervening Causes Commonwealth v. Root Notes and Questions United States v. Hamilton Notes and Questions Stephenson v. State Notes and Questions People v. Kevorkian Notes and Questions E. Causation by Omission: Duties People v. Beardsley Notes and Questions III HOMICIDE OFFENSES Kan. Stat. Ann. §§21-3401 through 21-3405 Ala. Code §§13A-6-2 through 13A-6-4 Cal. Penal Code §§187 through 189, 191 through 192 Pa. Cons. Stat. Ann., Title 18, §§2502 through 2504, 2506 Illinois Compiled Statutes Ann. 720 ILCS 5/9-1 through 720 ILCS 5/9-2 Minnesota Statues Ann. 609.185 Model Penal Code §§210.2 through 210.4 New York Penal Code §§125.10, 125.12, 125.15, 125.20, 125.25, 125.27 5 INTENTIONAL HOMICIDE A. Intentional Murder (Second Degree) Francis v. Franklin Notes and Questions B. Premeditated Murder (First Degree) United States v. Watson Notes and Questions C. Voluntary Manslaughter 1. The Theory of Mitigation People v. Walker Notes and Questions 2. ¿Cooling Time¿ Ex Parte Fraley Notes and Questions 3. The Common Law and Its Categories and Rules a. Adultery and Other ¿Adequate Provocations¿ Rowland v. State Notes and Questions b. Provocation Under Reform Rules People v. Berry Notes and Questions 4. Cultural Norms and the Reasonable Person People v. Wu Notes and Questions 6 UNINTENTIONAL HOMICIDE A. Involuntary Manslaughter 1. Negligent and Reckless Homicide Commonwealth v. Welansky Notes and Questions 2. Involuntary Manslaughter in Contemporary Settings State v. Williams Notes and Questions B. Reckless Murder Mayes v. People Notes and Questions C. Homicide in the Course of Another Crime 1. Felony Murder: An Introduction State v. Martin Notes and Questions 2. Causal Limitations People v. Hickman Notes and Questions People v. Gladman Notes and Questions People v. Cavitt Notes and Questions 3. Dangerous Felony Limitations 4. The Independent Felonious Purpose Limitation State v. Shock Notes and Questions 5. Two Variants of Felony Murder a. Misdemeanor Manslaughter b. Death-Aggravated Felonies 7 CAPITAL MURDER AND THE DEATH PENALTY A. A Historical and Constitutional Summary B. The New Capital Statutes 1. The Structure of ¿Guided Discretion¿: An Exemplary Case Olsen v. State Notes and Questions 2. Mitigating Circumstances 3. Weighing the Circumstances C. Categorical Limits on the Death Penalty 1. The Mens Rea Limit: A Reprise on Felony Murder Tison v. Arizona Notes and Questions 2. Status Limitations on the Death Penalty: Mental Retardation and Youth Notes and Questions 3. Victim/Race Discrimination and the Eighth Amendment McCleskey v. Kemp Notes and Questions IV JUSTIFICATION AND EXCUSE A. Distinguishing Justification and Excuse B. Justification, Excuse, and the Purposes of Punishment C. Combining Justification and Excuse 8 DEFENSIVE FORCE, NECESSITY, AND DURESS A. Defensive Force 1. Elements and Rationales People v. La Voie Notes and Questions People v. Gleghorn Notes and Questions 2. The Reasonable Self-Defender: The Case of the Battered Spouse State v. Leidholm Notes and Questions 3. Reprise on the Reasonable Self-Defender People v. Goetz Notes and Questions The Case of People v. Abbott Notes and Questions 4. Defensive Force and Law Enforcement Tennessee v. Garner Notes and Questions People v. Ceballos Notes and Questions B. Choice of Evils¿Necessity 1. The Moral Issue The Queen v. Dudley & Stephens Notes and Questions 2. Escape from Intolerable Prison Conditions People v. Unger Notes and Questions 3. ¿Political¿ Necessity State v. Warshow Notes and Questions C. Duress State v. Crawford Notes and Questions State v. Hunter Notes and Questions 9 MENTAL ILLNESS AS A DEFENSE A. Introduction B. The M¿Naghten Rule and Cognition People v. Serravo Notes and Questions C. Cognition and Volition: The Road from M¿Naghten and Back Smith v. State Notes and Questions D. Reprise: Reassessing the Insanity Defense 1. The Continuing Debate over Abolition 2. Insanity, the Psychopath, and the Challenge of Biology E. ¿Quasi-Insanity¿ Defenses 1. Alcohol and Other Drugs 2. Specific Disorders a. Post-Traumatic Stress Disorder b. Postpartum Psychosis c. Gambling d. ¿Multiple Personality¿ Disorder F. ¿Diminished Capacity¿ Notes and Questions V ATTRIBUTION OF CRIMINALITY 10 ATTEMPT A. The Punishment for Attempt 1. Why Punish Attempt? 2. The Emergence of Attempt Liability George Fletcher, Rethinking Criminal Law 3. The Grading of Attempt Model Penal Code §5.05 Notes and Questions B. The Mens Rea for Attempt State v. Lyerla Notes and Questions C. The Actus Reus of Attempt 1. Preparation vs. Attempt People v. Murray Notes and Questions McQuirter v. State Notes and Questions People v. Rizzo Notes and Questions 2. Abandonment People v. Staples Notes and Questions 3. Solicitation People v. Lubow Notes and Questions D. Impossibility Booth v. State Notes and Questions People v. Dlugash Notes and Questions People v. Thousand Notes and Questions 11 COMPLICITY A. The Accessorial Act State v. Ochoa Notes and Questions State v. Tally Notes and Questions B. Mens Rea of Complicity 1. Intent to Aid or Encourage People v. Beeman Notes and Questions 2. The Mental Element of the Offense Wilson v. People Notes and Questions 3. Combined Standards and Unintended Harm State v. Etzweiler Notes and Questions C. Act and Mens Rea: An Exercise The Killing of Yusuf Hawkins Notes and Questions D. Relations of Parties 1. The Perpetrator Is Excused 2. The Perpetrator Is Justified 3. The Perpetrator Lacks Mens Rea 4. Discrepant Mens Rea 5. One of the Parties Lacks a Required Status for the Crime E. The ¿Straw Man¿ Gun Purchase: A Closing Exercise on Complicity F. Criminal Liability of Corporations 1. Respondeat Superior and the Premises of Corporate Liability State v. Christy Pontiac-GMC, Inc. Notes and Questions United States v. Hilton Hotels Corp. Notes and Questions 2. The MPC and the ¿Corporate Mind¿ Notes and Questions 12 CONSPIRACY A. The Nature of Conspiracy State v. Verive Notes and Questions B. The Agreement 1. Proof of Formation Griffin v. State Notes and Questions United States v. Zacarias Moussaoui 2. Termination of the Agreement United States v. Recio Notes and Questions C. The Mens Rea of Conspiracy People v. Lauria Notes and Questions D. Special Mens Rea Problems of Conspiracy E. The Incidents of Conspiracy United States v. Diaz Notes and Questions F. The Parties to and Objects of Conspiracy 1. Bilateral and Unilateral Conspiracies 2. The Scope of the Conspiracy a. Single vs. Multiple Conspiracies Jerome Campane, Chains, Wheels, and the Single Conspiracy G. The RICO Statute and the Frontier of Conspiracy 1. The Statute a. Section 1962(a) Violations b. Section 1962(b) Violations c. Section 1962(c) Violations 2. The Enterprise Concept 3. The ¿Pattern¿ Requirement 4. RICO Conspiracies United States v. Neapolitan Notes and Questions VI ADDITIONAL OFFENSES 13 RAPE A. Introduction 1. Defining Rape 2. Some Facts About Rape in the United States 3. The Evolution of Rape Rules B. The Requirement of ¿Utmost Resistance¿ Brown v. State Notes and Questions C. ¿Reasonable¿ or ¿Earnest¿ Resistance People v. Dorsey Notes and Questions D. Force People v. Barnes Notes and Questions E. Nonconsent State v. Smith Notes and Questions F. Lack of Affirmative Expression of Consent In the Interest of M.T.S. Notes and Questions G. Incapacity to Consent State v. Moorman Notes and Questions H. Rape by Extortion Commonwealth v. Mlinarich Notes and Questions I. Rape by Fraud Boro v. People Notes and Questions J. Mens Rea Commonwealth v. Fischer Notes and Questions K. Evidentiary Reforms L. Marital Rape People v. Liberta Notes and Questions 14 THEFT OFFENSES A. Theft 1. The Meaning of Theft Commonwealth v. Mitchneck Notes and Questions 2. The Development of Theft Offenses The Case of the Carrier Who Broke Bulk Rex v. Chisser The King v. Pear Notes and Questions B. Fraud 1. False Pretenses People v. Sattlekau Notes and Questions 2. Scheme to Defraud in Federal Law Durland v. United States Notes and Questions United States v. Rybicki Notes and Questions C. Extortion People v. Dioguardi Notes and Questions McCormick v. United States Notes and Questions D. Robbery Lear v. State Notes and Questions E. Burglary State v. Colvin Notes and Questions 15 PERJURY, FALSE STATEMENTS, AND OBSTRUCTION OF JUSTICE A. Perjury Bronston v. United States Notes and Questions Stuart Green, Lying, Misleading, and Falsely Denying: How Moral Concepts Inform the Law of Perjury, Fraud, and False Statements Notes and Questions B. False Statements Brogan v. United States Notes and Questions C. Obstruction of Justice 1. The Omnibus Provision¿§1503 United States v. Aguilar Notes and Questions United States v. Cueto Notes and Questions 2. Section 1512 and the Arthur Andersen Case Arthur Andersen LLP v. United States Notes and Questions Appendix A A NOTE ON THE MODEL PENAL CODE McClain and Dan Kahan, Criminal Law Reform: Historical Development in the United States Appendix B THE MODEL PENAL CODE Table of Cases Table of Model Penal Code Sections Index
Library of Congress Subject Headings for this publication:
Criminal law -- United States -- Cases.