Criminal Law
(18 reviews)
Copyright Year: 2015
ISBN 13: 9781946135087
Publisher: University of Minnesota Libraries Publishing
Language: English
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Reviewed by DeAris Hoard, Lecturer of Criminal Justice, Eastern New Mexico University on 12/12/21
The text was quite comprehensive and covered the subject matter in a fashion easily understood by undergraduate students. The text is an excellent resource for undergraduate students in introductory-level courses. read more
Comprehensiveness rating: 5 see less
The text was quite comprehensive and covered the subject matter in a fashion easily understood by undergraduate students. The text is an excellent resource for undergraduate students in introductory-level courses.
Content Accuracy rating: 5
The text provided an accurate representation of knowledge regarding the subject matter.
Relevance/Longevity rating: 4
The information provided in the text is mixed/varied. There are newer sources referenced in the text, along with older, yet valuable, sources.
Clarity rating: 5
The text is presented clearly and in a manner easily understood by undergraduate students in introductory or cursory courses.
Consistency rating: 5
The text is consistent with the learning objectives, table of contents, and supplementary definitions presented.
Modularity rating: 5
The text is nicely broken and organized into smaller reading sections.
Organization/Structure/Flow rating: 5
The organization and flow of the text were both logical and clear.
Interface rating: 5
The text was easy to navigate, and there were no distracting or confusing images or charts.
Grammatical Errors rating: 5
There we no observed grammatical errors/issues.
Cultural Relevance rating: 5
There were no observed issues in the text concerning cultural sensitivity.
Reviewed by Robert Henderson, Assistant Professor, University of Alaska Anchorage on 12/29/20, updated 1/10/21
I found this textbook to be an excellent resource for an upper-division, undergraduate course in Criminal Law. Criminal law is a relatively straight-forward topic and this text does a good job of providing a good overview of the topic. The... read more
Comprehensiveness rating: 4 see less
I found this textbook to be an excellent resource for an upper-division, undergraduate course in Criminal Law. Criminal law is a relatively straight-forward topic and this text does a good job of providing a good overview of the topic. The textbook highlights the majority of the significant aspects of criminal law and is written in an easy to understand format. To provide complete overview of the topic, I recommend supplementing the textbook with jurisdiction-specific caselaw, allowing the students to experience factual application of the principles discussed in the textbook. All but one chapter provide the students with an in-depth review of the relevant subtopic. Chapter 12, Crimes Against the Public, was not as developed as earlier chapters. I expanded Chapter 12 into two, separate subparts: Public Order Offenses and Social Order Offenses. I expanded Chapter 12 in an effort to provide a more comprehensive overview of the various crimes included within this range of conduct.
The textbook is generally accurate and error-free. Given that criminal law is jurisdiction-specific, the textbook does a good job of providing various examples of the different principles. This is especially true when augmented with jurisdiction-specific caselaw.
Relevance/Longevity rating: 5
The textbook is up-to-date and addresses all major developments within criminal law.
The textbook works well as the primary textbook for an upper-division, undergraduate textbook. The text is easily understood by undergraduate students.
I found the textbook to be internally consistent and easily supplemented with outside information.
With the exception of the first two chapters, both of which provide general background and fundamental principles surrounding criminal law, the textbook chapters are easily re-arranged to fit different course schedules.
Although I personally re-organized the chapters, it was only due to personal preference. The textbook's modularity allowed this easily adjustment.
Neither I, nor my students, faced any significant interface issues using this textbook. It is accessible and available in different media formats.
I have not identified any grammatical errors.
I did not find the textbook to be culturally insensitive or offensive.
Overall, I would recommend this textbook to instructors teaching an upper-division, undergraduate course in criminal law. Although the textbook does not have all of the "features" of a commercial textbook (i.e., study guides, test banks), I found the textbook worked well as supplementary materials. This is not a criticism -- given that criminal law is a jurisdictional-specific subject matter, the textbook does a good job of providing students with general, foundational concepts and allows the instructor to easily supplement the course with jurisdiction-relevant information. All but one chapter provide the students with an in-depth review of the relevant subtopic. Chapter 12, Crimes Against the Public, was not as developed as earlier chapters. I expanded Chapter 12 into two, separate subparts: Public Order Offenses and Social Order Offenses. I expanded Chapter 12 in an effort to provide a more comprehensive overview of the various crimes included within this range of conduct.
Reviewed by Robert Rocklin, Pro Tem Faculty, University of Oregon on 6/10/20
The text is generally comprehensive. It covers all the major areas of criminal law, from individual crimes to broader issues such as the role of the United States Constitution in placing limits on criminal punishment. The text has a fairly... read more
The text is generally comprehensive. It covers all the major areas of criminal law, from individual crimes to broader issues such as the role of the United States Constitution in placing limits on criminal punishment. The text has a fairly detailed table of contents, but no index or glossary. The latter omission is surprising, because the text includes many terms that are bolded, which in other texts often suggests that they are defined in a glossary.
Content Accuracy rating: 3
The content appears to be unbiased. There are, however, a number of errors or inaccuracies. As just one example, the first chapter states that the goal of civil litigation is to “compensate the plaintiff for any injuries and to put the plaintiff back in the position that the person held before the injury occurred.” And the discussion and examples that follow all focus on tort litigation and money damages. But civil litigation is much broader than that, encompassing contract disputes, property issues, injunctive relief, and a host of other issues and remedies. Similarly, the text states that the goal of criminal prosecution is to “punish the defendant.” But as the text later explains, there are at least four goals that criminal law seeks to serve. As another example, the text states that, in Gonzales v. Oregon, 546 U.S. 243 (2006), the Court held that the United States Attorney General “cannot criminalize the use of drugs under Oregon’s Death With Dignity Act.” But that case dealt with license revocation, not criminal sanctions. There are many other inaccurate statements throughout the book.
The content is up-to-date. Because criminal law varies from jurisdiction to jurisdiction, it is impossible to be completely up-to-date in the details. But the general principles addressed in the text are descriptive of contemporary criminal law.
Clarity rating: 4
The text is written in a way that should be accessible to most undergraduate students. But there are some exceptions. For example, the text states, “Lawyers primarily use precedent in their arguments, rather than statutes or the Constitution, because it is so specific.” That statement is both inaccurate and confusing. Another example: The text states that judicial opinions “can also contain more than one case law . . . .” That sentence is, at the least, confusing. As for context, although the text generally does a good job of providing relevant context, there are some lapses. For example, the text mentions “double jeopardy” without explaining what it is.
The text is internally consistent in terms of terminology and framework.
The text gets high marks on modularity. The text includes few, if any, long sections; it makes generous use of headings. Occasionally, it is inappropriately self-referential. For example, in section 8.1 “Attempt” the text mentions a concept and then says, “as is discussed in Section 8.1 ‘Attempt’.”
The text is well-organized. Like other criminal law texts, it proceeds from general criminal law principles, to discussion of specific categories of crime, and then to specific crimes.
Interface rating: 3
Generally, the text’s interface works. But there are some broken links to other parts of the text and some broken links to external resources. Although the charts and tables are easy to read, they often inaccurately depict the relationships they are intended to clarify. For example, constitutional provisions are superior to statutory ones, but the figure depicting the relationship shows a circular relationship. Similarly, when summarizing inchoate crimes, the figures start with defenses to the crimes, rather than the affirmative elements of the crimes. In general, many or most of the figures are either inaccurate or confusing.
With a few exceptions, the text is grammatical.
Cultural Relevance rating: 4
The text is not overtly insensitive or offensive. But many or most of the examples—and there are a lot of examples—tend to use stereotypically Anglo names for the characters.
I’m of two minds about this book. It is comprehensive and it includes lots of exercises, examples, learning objectives and “key takeaways.” The discussion of substantive criminal law is mostly accurate and the text is readable. But, as noted, the text includes many inaccurate or misleading statements (especially in the more general discussions) and the figures misrepresent important relationships (for example, depicting both state and federal judiciaries as part of a single judicial branch). Obviously, the price of the book can't be beat. But if one were to use it, I'd recommend including errata or somehow informing students about the deficiencies related above.
Reviewed by Andre Adeli, Lecturer, Metropolitan State University of Denver on 7/24/19
Although it is difficult to be comprehensive in an introductory text, the author's attempts at introducing legal concepts through individual cases in my experience is not a good starting points. read more
Comprehensiveness rating: 3 see less
Although it is difficult to be comprehensive in an introductory text, the author's attempts at introducing legal concepts through individual cases in my experience is not a good starting points.
Content Accuracy rating: 2
On one occasion the year cited on an important case from 1970 was cited as a 2010 case. Other references to well known criminal cases contained inaccuracies.
Relevance/Longevity rating: 3
Relevance and longevity could be improved by including more recent analysis of contemporary cases. 4th Amendment and 8th Amendment issues are already in need of updates.
More than 90% of the content is written in a succinct and clear manner. Moving around within each chapter is somewhat confusing, however.
Consistency rating: 4
Framework is consistent and terminology is accurate but often includes too many civil law references. For students not familiar with civil or criminal law the civil law references may be confusing.
Modularity rating: 4
Great modularity, but not clear how material can be integrated with other source material.
Organization/Structure/Flow rating: 4
The topics were presented in the traditional format for an introductory text.
I encountered a couple of dead links.
I did not notice any grammatical errors.
The textbook raises the complex issues of race and ethnicity in criminal law in a responsible and sensitive manner.
This OER textbook seems to be an excellent start to an interactive textbook on Criminal Law, unfortunately, I am not ready to adopt in its current form. I would need better introductions to the topics, a way to substitute links or insert more recent appellate cases in the discussion or summary sections of the chapters to feel comfortable with this text as a platform for my Criminal Law classes.
Reviewed by Jennifer Dannels, Lead Instructor - Criminal Justice, NTCC on 4/23/19
This book is even more comprehensive than previous textbooks (non-OER) I've used in the past. I especially like how it covers the constitutional issues (freedom of speech, right to "privacy" (birth control, abortion, etc.), ex post facto clause,... read more
This book is even more comprehensive than previous textbooks (non-OER) I've used in the past. I especially like how it covers the constitutional issues (freedom of speech, right to "privacy" (birth control, abortion, etc.), ex post facto clause, due process challenges, etc.) in Chapter 3. I don't recall other textbooks giving this much attention to the U.S. Constitution but it is extremely important. I believe my students are now better able to understand why some statutes are held unconstitutional by the courts. Too often, students (and the public at large) think that the legislature can just pass laws without ever giving thought to the fact that they may be in opposition to what our constitution allows.
Additionally, I had read previous reviews that mentioned the lack of discussion about terrorism in this book. But I think it's covered sufficiently. While terrorism is definitely at the forefront of the news and our minds these days, the truth is that terrorism charges/convictions are still few compared to the other crimes in the U.S. And I think the textbook at least offers a good starting point for a discussion on terrorism -- the instructor can easily find additional material about current day challenges to the PATRIOT Act and current news stories about recent terrorism acts and charges.
I found very few (if any) errors in this textbook. I am a licensed attorney and have been so disappointed in the past with other textbooks with inaccurate information and just a plain misunderstanding of how the law works. It is clear to me that the author of this textbook is an attorney --- which is how it should be. Too often I find that Criminal Law textbooks are written by non-attorneys which makes little to no sense. Sure, non-attorneys can write about Criminal Justice in general and certain specific topics, but I think the matter of law (especially constitutional and criminal law) should be left to those actually trained in the interpretation and practice of the law.
This textbook does a great job of providing relevant and up-to-date court decisions and statutes. It is impossible to write a law textbook that will not need to be updated at some point because the law does change - it's just the nature of the beast. However, this text gives a great overview of the overarching Supreme Court decisions and underlying themes/policies that do not change very often. I also found that it was easy to insert my own state's statutes into my lectures. As a result, the students learned the general principles and majority views from this textbook -- and then I showed them specifically what Louisiana requires. So when it comes to updating my course, I really just need to focus on my state's statutory changes.
My biggest compliment that I have for this textbook is that it is extremely clear and provides excellent real-life examples to demonstrate each concept/element. I wish this textbook had been around back when I was in law school!! It would have been much easier to understand. I love how this textbook breaks every topic into clear and concise sections (with a clear bold heading to boot!) -- and then the author just gets right in, explains the concept, gives an example, and then moves on. No need to use fancy and excessive language when it is simply not needed.
My only real complaint (if you can even call it that) is that some of the examples were a little far-fetched or maybe didn't illustrate a point perfectly, but it was easy enough to come up with my own examples to illustrate the point. And there really were only just a handful of examples that I did not like - the overwhelming majority of them were spot-on. These examples are crucial to put the law into context for students. Without them, it's just a bunch of concepts that the students can't always translate into the real world.
This book was consistent all the way through.
I really liked how the chapters are divided up into reasonable chunks with clear and bold headings. Each section was also relatively small (consisting of usually only a few paragraphs) which made for easy reading and comprehension. I also appreciated how each section of the chapter ended with a summary, hypothetical scenarios, and real court cases that illustrate the points covered in the text. The end-of-the-chapter reviews were also great with additional questions/hypothetical scenarios for the students to ponder and to illustrate how the law translates into real-life cases.
The topics of this text are organized to perfection. I really have no complaints in this area. I followed the textbook in the order as it was written because I saw no reason to change it. The student really must have a good understanding of possible constitutional challenges and the basic elements of all crimes (criminal act, intent, attendant circumstances, etc) before you can really dive into each category of specific crimes.
I did not notice any problems in this area, and heard no complaints from students either.
I did not notice any grammatical errors -- and I greatly appreciated how the case and statutory citations were all correct!! Too often, I see other textbooks get that part wrong which is frustrating. Again, probably because someone other than an attorney/paralegal wrote it - and legal citations are a completely separate beast than other forms of citations. So great job in this area!
I do not recall reading any portions of the texts (including examples) that were insensitive or offensive. I think the author did a very nice job of remaining neutral and culturally appropriate.
This is an overall excellent textbook! I teach this course at a community college and I find that students are easily able to follow along and understand the content. Yet, it is not over-simplistic at all. It covers a large amount of material in an appropriate amount of time/space and gives real-life examples that help students connect the dots between the criminal statute and policies with actual criminal charges/trials/convictions. I will be using this textbook for years to come. A huge shout-out to the author of this fabulous open textbook!
Reviewed by Dave Coffey, Prof/Program Head Administration of Justice, Thomas Nelson Community College on 3/6/19
This is a good Criminal Law text for college undergraduates. The text covers most of the major areas of criminal law. The chapter orders are logically sequenced providing a building block approach for students. Material is presented clearly and... read more
This is a good Criminal Law text for college undergraduates. The text covers most of the major areas of criminal law. The chapter orders are logically sequenced providing a building block approach for students. Material is presented clearly and concisely making it easy for students to understand. “End of Chapters” includes exercises, questions, case citations and links as well as websites and articles, all very good resources for students.
The broad concepts covered in this book and the materials used to present them contains no inaccurate information or bias presentation. Bearing in mind that legal texts and materials are always subject to interpretations and criticism.
The core criminal law concepts as covered in this book and its chapters are long standing principles and generally have not dramatically changed over the past years. Criminal law changes slowly and therefore this book should be a good intro book for many years. Additionally the text should be relatively easy to update in the modular format that it is written. There are a number of hyperlinks used throughout the book that need to be checked regularly for accuracy.
The book is very easy to follow and written in such a way as students of all levels should be able to read and understand the materials. The substantive materials are reinforced and supported by interesting examples and critical thinking exercises to assist students in their understanding of the subject. The book also provides many examples and visual aids to explain many of the concepts and terms used. I would say this book is very student friendly.
The book generally is consistent throughout as it relates to the layout of chapters, terminology, formatting and presentation of information. Every chapter concludes with an End of Chapter section that has exercises with answers, case listings, summaries and links to websites. I think students will find these materials very useful. Chapters followed a consistent user friendly formatting that further aids student’s understanding.
The text is written in a logical, easy to follow, modular format that allows for easy reorganization and assignments for students. Each chapter is focused on specific learning objectives and materials that support the learning objective. Assignments can be tailored around the learning objectives. Each chapter is broken down and numbered into sub-components of the overall chapter subject.
The structure, organization and flow of the materials contained in the book are logical and follow in a manner that is conducive to learning. The textbook provides a basic introduction to Criminal Law to include the U.S. legal system; constitutional laws and protections; and traditional general elements of Criminal Law and specific crimes and defenses. This material is broken down into logical presentations and sections.
Interface rating: 4
I did not see any major problems with student textbook interface. However, I did have some problems with returning to the same spot in the textbook after clicking on some links. Most links worked fine but some seemed to be a little problematic and one was expired. It could have been my computer or me.
I did not notice any glaring grammatical errors. Overall the textbook appeared to be very well written.
The book appears to be culturally appropriate for the course and subject matter. I did not find any culturally incentive or offensive material or examples in the book.
I would certainly consider adopting this textbook for my Criminal Law course. It covers the major topics relative to Criminal Law and it does so in a manner that I think would be beneficial to our students. The textbook is equal to and in many ways, better than many of the leading textbooks for purchase that are on the market and in our bookstores today.
Reviewed by Kelly Ayers, Clinical Instructor, West Virginia University on 5/21/18
The information covered in this text is general in nature, yet thorough enough to understand the foundations of the topic. Given that I would be using this text for undergraduate students, the amount of information and its depth seem to be on... read more
The information covered in this text is general in nature, yet thorough enough to understand the foundations of the topic. Given that I would be using this text for undergraduate students, the amount of information and its depth seem to be on point. There are links that provide opportunities to explore the topic further if the student/instructor so desires.
I am not a legal expert and cannot comment specifically to the accuracy; however, I do appreciate the long list of individuals provided that were identified as having reviewed the material prior to publication specifically for that purpose.
Criminal law itself will be unchanging, but its interpretation will. The author has included contemporary cases and other examples that provide the student with an understanding of the applications. It is made clear that there will be variations in different jurisdictions and that many of the examples are illustrative in nature.
Criminal Law is an easy read and any terms that would be unfamiliar to the undergraduate student is well defined and used in examples. The exercises throughout the text also offer methods of becoming familiar with the language.
Criminal law is written in a way that is easy to follow and each chapter is laid out in the same fashion which makes the material very easy to navigate.
The chapters are broken up into easy to read subunits and there are several references to other areas of the book if there is a reference that needs to be made. This format makes it easy for the student and instructor to connect material moving forward allowing this book to be more comprehensive.
The topics were laid out in a way that was easy to follow and permits the student to build on previous information as they read forward. The beginning lays out general information about criminal law and the legal system and then breaks down into more specific elements related to criminal law.
All links throughout the book were active and images look clear. The text is laid out in an easy to read format for the computer screen. The text and supplemental materials are extremely user friendly.
There were no grammatical errors noted throughout the text. The book is easy to follow and well written.
There was nothing that stood out as anything that may be offensive within the material or the examples. If there were references to cultural differences within examples, it is strictly due to relevance to the issue being discussed.
I am excited that there is a simple, easy to read foundational text in criminal law that can be shared with my forensic students. These students may or may not choose law school, but there should be a holistic understanding of how their work fits into the legal system as they go on to play a critical role in the investigation and prosecution of criminal activity.
Reviewed by Tracy Barley, Assistant Professor, North Carolina Central University on 2/1/18
This textbook is comprehensive; it is substantially equivalent in content to the published textbook (including its updates) our department has used for the last 10 years. It covers the key concepts that will meet our student learning outcomes. I... read more
This textbook is comprehensive; it is substantially equivalent in content to the published textbook (including its updates) our department has used for the last 10 years. It covers the key concepts that will meet our student learning outcomes. I particularly like the End of Chapter material, the Key Takeaway boxes and the Exercises and the inclusion, with links, to supplemental material.
I would like to have included a section on White Collar Crimes; we teach this section and incorporate material on bias, implicit bias, sentencing disparities and investigations.
Also it would be important to include Cyber Crimes; however, this could be added if the book can be remixed.
Content Accuracy rating: 4
The content is accurate based on a random sampling of the material; the links to supplemental worked and that content was unbiased. I also paid attention to the names used in the examples to be certain they were race neutral to avoid any further stereotyping and implicit bias.
The content is up-to-date and relevant with the exception of the omission of Cyber Crimes and Financial Crimes; these are codified in all states and some of the fastest growing.
Very clear language and appropriate for mid-level undergraduate students.
Framework is good with the exception of the a couple of Key Takeaway boxes were not consistently formatted in color.
This was excellent! Chunking is a best practice teaching strategy and this format is very conducive to this method. The individual learning objectives at the beginning of each unit and subunit are also helpful for aligning with our course student learning outcomes.
Nice structure and flow; in a side by side comparison with the text I currently use, it is much more appealing visually and manageable. I especially like that the cases are attached as links to supplemental material rather than embedded in the text. The heavy text based materials often intimidate lower to mid level undergraduate students and they become discouraged depending on their learning styles.
The interface is great. I like the differentiation of the colors which signifies a change to students. The colors are also compatible with accessibility and screen reading.
There were no obvious grammatical errors.
I liked the relevance and updated content and examples. The Tom DeLay case is one example of a recent event that illustrates crime occurs at all socio economic levels and demographic groups. This is very important for my students as I teach at an HBCU.
I appreciate the care taken to create an open source book that is comprehensive, easy to navigate and meets accessibility standards. The color coding makes it easy for undergraduate students to perform a knowledge check after reading the chapter material. Additionally, the multiple formats make it even more accessible for students.
Reviewed by B.A.B. ---, Associate Professor, Virginia Commonwealth University on 2/1/18
I would say that this book attempts to cover a broad spectrum of criminal law topics, so in that sense it’s comprehensive, but in terms of the depth with which each topic is treated, it is far from comprehensive. The entire textbook actually reads... read more
Comprehensiveness rating: 1 see less
I would say that this book attempts to cover a broad spectrum of criminal law topics, so in that sense it’s comprehensive, but in terms of the depth with which each topic is treated, it is far from comprehensive. The entire textbook actually reads more like a study guide or even a professor’s lecture notes or slides. When I adopt a textbook, I want it to be comprehensive enough so that I can base my lectures on the chapter topic highlights; here it seems that the author does the opposite. Were I a student, I would think that reading this book would leave me with many more questions than answers. Maybe it’s a fundamental difference of paedagogy, but I don’t want to spend my classtime filling in all the lacunae left by the students’ textbook; rather, I want to spend that classtime expanding on what was presented in the textbook. To me, those are fundamentally different aims.
A discussion on “justice” (whatever that means!) is conspicuously absent from this book. This is a substantively different discussion than “purposes of punishment.” There is also, as far as I can tell, no discussion of how to read a case citation. That’s so important! Because citations tell you so much important information about a case! I’m surprised, because this is sort of a standard sub-topic in a criminal law class, especially when students are asked to brief cases.
The “purposes of punishment” section is but one of many sections that has been glossed over. There should probably be a section comparing retributive and utilitarian schools of thought (actually, I see nothing referring to “utilitarianism” now that I think of it) and giving concrete examples of these differing philosophies in action. Generally speaking, I think it would be helpful to have examples from case law throughout the book to illustrate how concepts apply. Case law is rich with great examples, which are conspicuously absent.
Some of the topics warrant more in-depth treatment. The discussion of various punishment justifications is pretty superficial; incapacitation, for example, encompasses a whole lot more than just “prevent[ing] future crime by removing the defendant from society.” It’s also factually incorrect that house arrest—one of the examples given— removes the defendant from society; on the contrary, it’s an alternative community-oriented sanction intended to keep the offender out in the community!?
This book sidesteps the longevity issue because it doesn’t make any references to case law, so there’s no way the case law could become outdated if not altogether obsolete.
The book is consistently cursory, does that count? No seriously… I do think it somewhat odd that some topics are treated in more detail than others (e.g., criminal homicide has its own chapter). The organization is confusing because criminal homicide gets its own chapter, but then subsequent chapters are organized like most state criminal codes (e.g. property crimes, crimes against the person, etc). I would have put criminal homicide into a broader “crimes against persons” chapter heading to be consistent with subsequent chapters. The way subject matter is presented is both unclear and inconsistent which makes it confusing. Is that why robbery is classed with property crimes? Because a large number of states actually consider robbery a crime against persons, not property, but there’s no personal crimes chapter, so I guess that’s why robbery was put in with property crimes.
Consistency rating: 2
Modularity rating: 3
there is a general flow from one chapter to the next, and the chapters are so brief that it would be easy to assign small reading sections. as regards "self-referencing," I don't actually see a single source citation anywhere in here so I guess "self-referencing" isn't an issue either?
Organization/Structure/Flow rating: 2
I think some of the topic ordering is a little counterintuitive, at least to me, and so is how some of the topics are grouped. Affirmative defenses of Justification and excuse seem to be conflated here, and there are actually a number of really important substantive differences between the two categories. If you run a textbook search for “affirmative,” interestingly, the term doesn’t even pop up in either chapter on criminal defenses.
I do really like the exercises presented in each chapter, especially the ones in which students have to read a scenario and determine some point of law discussed in the chapter. When I was learning to teach at the undergraduate level, a wise professor once told me that the hardest thing in teaching would be to come up with lots and lots and lots of examples, because those are what help students best identify and begin to apply a concept they’re learning. And he was right! When I teach criminal law, when I’m teaching search and seizure, for example, I have to be armed and ready with dozens of examples. These exercises are really helpful in that regard.
I didn't experience any navigational difficulties
I didn't notice any glaring errors.
Cultural Relevance rating: 2
No examples, so no problems of potential offensiveness! makes little if any effort to connect subject matter within broader cultural context.
I wouldn't adopt this textbook for a college course. As it reads more like a superficial study guide, it maybe more appropriate for high school readers. My general impression is that it doesn't effectively equip students with the requisite knowledge they should have having taken a criminal law class. Everything in it seems pretty "dumbed down." I hate to say that, but that's really my overall impression. The subject matter is just not done justice (pun intended).
My first more specific impression opening this e-Book, though, is that the table of contents is not appropriately detailed. Without a detailed TOC as a “road map” through the book, it’s hard for me to assess whether the book actually addresses each criminal law sub-topic in appropriate order and depth… because no information whatsoever is provided that would tell me anything about topic order and depth! It’s also hard for me to see how one concept connects with the preceding and following. I see that a somewhat cursory TOC has been added as a tab on the righthand side of the text, but I have to say, it’s awfully superficial. Section 1.7 is called “End-of-Chapter Material.” What does that refer to? Section 1.6, “Sources of Law,” could mean any number of things (e.g., common law? Case law? Precedent? English legal heritage? Administrative regulations? Constitutions? Stare decisis? Statutory law? Codification? And so forth). If I were a student trying to locate a particular sub-topic in the book, the TOC isn’t much help. We all know that students have limited attention spans these days, so whatever can be done to make the topics more readily accessible and easy to locate would be helpful. The list of key concepts at the start of each section is helpful though.
My second impression upon opening this e-book is… bursting out laughing at the contents of the first page page, “Chapter 1: Introduction to Criminal Law.” I find the picture of a “Dodge Charger with a Police Package” to be a really bizarre photo to introduce a criminal law textbook. What is the point of that? Is this an "intro to policing" book? The picture isn’t even comprehensively illustrative of a tricked out police Dodge Charger, anyway. I don't get it.
I am also raising my eyebrows at the citation of the case quote on this page (BMW of North America, Inc., v. Gore.” Come on now, this is NOT how we cite to cases by any stretch of the imagination, regardless of whether you're a lawyer, academic, or student at any level. If you’re not going to provide the entire citation—which is really what should have been done here, because it contains a lot of important information—at least do the slightly less lazy party 1 v. party 2 (year).
Overall the first page looks to me like a pretty sophomoric attempt at starting Chapter 1. It doesn’t in any way draw my interest, and the photo and citation chosen to introduce both the chapter and entire textbook are puzzling. I am having a hard time understanding how those are illustrative of what’s to come in the chapter. All I can deduce is that the author has some kind of preoccupation with cars, given the dodge charger and BMW references!?
The first page of Chapter 1 sets the tone for the rest of the book, and as such, if I were a student I would be reticent to slog through any further.
Reviewed by Anne Douds, Lecturer, Penn State Harrisburg on 2/1/18
This introductory criminal law text covers almost all major areas of criminal law, but it would be nice if it covered the evolving fields of terrorism and cyber security a bit better. The table of contents is concise and provides useful... read more
This introductory criminal law text covers almost all major areas of criminal law, but it would be nice if it covered the evolving fields of terrorism and cyber security a bit better. The table of contents is concise and provides useful navigation. The lesson content is a bit brief and simplistic, but it is suitable for an undergraduate introduction to criminal law class.
The book uses neutral language, but the undertone of the content leans towards a civil rights/civil libertarian perspective.
Fortunately, criminal law evolves slowly, so this text should have good longevity. It does not cover much criminal procedure, but the portions of it that deal with procedure could become dated in the event of a major, reformative Supreme Court opinion (which is true of all criminal procedure texts).
Clarity is good. The book uses short, concise sentences. The format makes it easy to follow.
The formatting and content are consistent. The degree of difficulty of the content remains at the same level throughout the work.
It is divided into logical, easy-to-follow modules.
The book has natural flow and is organized in a very appropriate fashion.
So far as I can tell, the interface is fine.
I did not catch any errors.
The book stays within the middle of the political spectrum, with a slight tendency towards libertarian views.
Reviewed by Makeda Carr, Instructor, Virginia State University on 6/20/17
Reviewing the TOC provides a comprehensive overview of the subject matter found in typical Criminal Law textbooks. In comparison to another book, they cover the same material such as sources and limitations of law, jurisdiction and defining... read more
Reviewing the TOC provides a comprehensive overview of the subject matter found in typical Criminal Law textbooks. In comparison to another book, they cover the same material such as sources and limitations of law, jurisdiction and defining elements of a crime.
This text utilizes reliable sourced information that are accessible in the text to check for accuracy. I believe the book is presented in a neutral manner and is unbiased.
The information has a mixed of old and new content indicative of various criminal law books. Different types of dated content are necessary to understand application of law and diverse decisions by judicial bodies.
Clarity in this text comes from the chunked structure, followed by practical examples and exercises.
Yes. This book is consistent with the learning objectives, content and exercises to match objectives. The consistency should be helpful for those needing to be in compliance with Bloom's Taxonomy.
This book is complied nicely. Instead of reading a very long page of information online, the sections were divided by subject matter and thoroughly covered content in a succinctly.
A gradual intensity in content organization flowed well comparable to other texts.
Structurally, the text was easy to navigate and read. The charts and images were not distorted or distracting.
I did not identify any grammatical errors.
I did not get a sense that the book was culturally insensitive. The focus of the text was an introduction to the topic of criminal law and is neutral in its presentation of cases and facts.
I appreciate the unnamed author taking their time to write such a comprehensive text.
Reviewed by Stephone Addison, Assistant Professor, Southern University And A & M College on 6/20/17
The text is comprehensive. I have been teaching Criminal Law for over 20 years and have used several textbooks. This Open Source text covers, for the most part, every major subject in Criminal Law that was covered in prior textbooks that I have... read more
The text is comprehensive. I have been teaching Criminal Law for over 20 years and have used several textbooks. This Open Source text covers, for the most part, every major subject in Criminal Law that was covered in prior textbooks that I have used in the past. Although the book appear to lack a traditional index and glossary separate in the book, there are lots of information, links to other websites, etc to provide plenty of information regarding key terms and concepts.
The content in this textbook appears to be accurate. It provides many references (i.e., Books, Cases, Articles, Websites, etc.) many of which are used in most private industry textbooks of its kind.
The Content in this text is taken primarily from 2012. Since it is now 2017, it is probably due for an update. However, it was noted that University of Minnesota Library edited this material in 2015. Notwithstanding, a lot of the material used is still relevant for understanding Criminal Law concepts. The good thing here is that it appears to be a relatively easy process to update information which can make for an easy transition from old to new and thereby strengthening the longevity of the overall text.
The book is written in plain language that allows for clarity of information. It is relatively concise, straight forward and appears to be very user friendly for undergraduate students. Also, the book provides many examples and figures (visual aids and illustrations) that further explains many of the terms (technical and otherwise) for better understanding.
The text is, for the most part, consistent throughout in terms of the order or layout from chapter to chapter. Each chapter is consistent in its presentation (i.e., key areas of discussion subtitled under each chapter, objectives are provided for each subtitles and key concepts relevant to each subtitle). Also, diagrams, charts & figures are consistent in each chapter as well as scenarios, Key takeaways and exercises are provided at the end of each chapter. One caveat however is that the terms in blue are not always consistent in that some are links to other information and some of the terms are just written in blue.
Again, the book is arranged in a modular format via chapter and sections. Each chapter are broken down into sections which include relevant terms and concepts that directs back to the chapter. These sections allow the reader to keep learning and comprehension focused without running the risk of losing the chapter’s objectives. The text places the table of contents in the area prior to downloading the textbook. Probably would have been best at the beginning which would help with even better navigation. Nonetheless, the sections within each chapter still provides enough navigation within the chapters sufficient to maintain a reasonable flow of information.
This book displays good organization, structure and flow. The organization of the chapters pursuant to various criminal law subjects are relatively consistent with other texts that I have used in the past. The table of contents could have been better placed at the top of chapter 1, but not a deal breaker as for as organization is concerned. The structure is good, particularly, the alignment of the chapters with the charts, graphs, illustrations, videos, etc. Finally, the chapters provide a favorable flow from one area of criminal law to the next. Each chapter conclude with an “End-of-Chapter Material.”
I didn’t see any major problems with how the textbook interfaced with the reader. In some spots, I was not able to get back right away to original page after clicking on some of the illustrations. I had to go totally out of the page and back to downloads to get back into the text. Could be an issue with my computer, just not sure. Also, some links didn’t work and needed to be updated. However, a lot of the links did work.
I didn’t really encounter any substantial amount of grammatical errors. Again, some of the links perhaps need to be updated and/or refreshed.
I didn’t detect any problems here. Appeared to contain common issues relative to Criminal Law and Criminal Justice that may create some controversial discussion, but nothing appearing to be unbiased, culturally or otherwise.
I thought this textbook would be one I could be comfortable with adopting for my class. It contains the major topics, relative to Criminal Law, that are consistent with the topics in many of the leading textbooks for purchase and that I have used before. In conclusion, this book appears to be a good textbook overall based on the above reasons provided in the review above) and one that I may consider recommending to others.
Reviewed by Christina Mancini, Associate Professor, Virginia Commonwealth University on 4/11/17
The text appears comprehensive but the lack of a Table of Contents page makes it difficult to assess at first glance the scope of the work. read more
The text appears comprehensive but the lack of a Table of Contents page makes it difficult to assess at first glance the scope of the work.
It appeared very well researched.
It is written in a way that it could be easily updated by adding relevant cases (e.g., the text mentions a celebrated case of Casey Anthony to illustrate circumstantial and direct evidence. I can see such concepts being made relevant by a switch to the case du jour.
Great writing.
Consistency rating: 3
Decent, but again my concern was involving some of the framing and lack of TOC.
I think it has modularity.
Organization/Structure/Flow rating: 3
Good, but a TOC would have helped organize the general framing better.
The interface was well done.
The text was inclusive and relevant for today's criminal justice system debates and controversies.
I would have liked to know the author and the TOC should have been displayed at the front-end. Other than that, great work!
Reviewed by Shana Mell, Criminal Justice Professor, Virginia Commonwealth University on 2/8/17
Criminal law textbooks require a number of specific topics in order to meet the expectations of the course. This textbook contains those essential elements. The table of contents very clearly outlines each chapters and subsection so that... read more
Criminal law textbooks require a number of specific topics in order to meet the expectations of the course. This textbook contains those essential elements. The table of contents very clearly outlines each chapters and subsection so that students/instructors are able to identify each content area. An appendix contains a listing of relevant cited case citations for further review. There does not appear to be a glossary or index apart from the appendix but each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites.
I found no evidence of inaccurate information or bias presented within this text.
This text follows the standard format that most criminal law texts adopt. Each subsection within the 14 chapters can be easily updated with seminal cases that may emerge. Most of the content within this text will remain intact but the format allows for efficient updates, as necessary. The author utilizes examples that will be of interest for a number of years.
This is where a number of criminal law/procedure texts fall short. This was one of the text's key strengths. This text was extremely accessible to students of all levels. It contained excellent examples and explanations that illustrated each of the main concepts. I especially enjoyed the author's writing style. I found the prose both well-written and conversational, which contributes to the strength of this text. The presentation of the material throughout each chapter was complemented by interesting examples and critical thinking exercises that encourage application of the material.
This text followed a consistent framework throughout. Each chapter was laid out in the established format containing each of the content areas. The material was presented with applicable exercises and questions throughout. Each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites. I found the summaries and exercises especially useful. Key words are italicized for emphasis and quick reference. The chapters were easy to follow as they contained a number of subheadings to keep the material organized. Further, each chapter is made up of specific learning objectives that conclude with exercises and reference material.
Each chapter is made up of specific learning objectives that can be easily assigned based on content areas within the course. These objectives are fairly brief and contain exercises and reference material at the conclusion. I found this approach to be a key strength of this text since it offers a framework for assignment creation and discussion of key points within each chapter. When you look at how many learning objectives are actually contained within the entire text, there are hundreds of links to websites with reference material and exercises that students can complete independently or as part of a classroom discussion.
This text followed a consistent framework throughout. Each chapter was laid out in the established format containing each of the content areas. The material was presented with applicable exercises and questions throughout. Each chapter concludes with an "End of Chapter" section that lists answers to exercises, questions, case listings, summaries, and links to applicable cases, articles, and websites. I found the summaries and exercises especially useful. I also enjoyed the pictures, graphics, and illustrations used to develop the material. Each objective contains an interesting component entitled "key takeaways" that lists a sentence or two describing the main points to recall.
I checked a number of the links within the text and they all worked for me. I also used the table of contents to navigate through the text and was able to get to each section very easily. The table of contents and home buttons appear on the upper right corner and allow the reader to quickly locate the area that they need. The table of contents lists each chapter and unit by number and title (topic) for ease of use.
I do not recall noticing any grammatical errors. This is exceptionally important since a textbook and author lose credibility when there are a number of grammatical issues.
I found no culturally insensitive or offensive examples presented within this text.
I would certainly adopt this text. I found it as sufficient as any other criminal law text offered for purchase. In some areas (noted above as key strengths), it is superior to texts that I have read/used. I enjoyed reading through this text and plan to adopt it if/when I teach this course in the future.
Reviewed by Caoimhin OFearghail, Program Coordinator, Lane Community College on 8/21/16
This text covers all of the basic concepts found in other traditional criminal law survey texts with the exception of an instructional overview on reading and interpreting case reports—a significant shortcoming given the author’s heavy use of... read more
This text covers all of the basic concepts found in other traditional criminal law survey texts with the exception of an instructional overview on reading and interpreting case reports—a significant shortcoming given the author’s heavy use of external links to such reports. Though the text lacks both an index and a glossary, these are unnecessary in a searchable electronic document. A table of contents is likewise unnecessary in a PDF in which bookmarks have been added to navigate the contents of the text. Such is the case here; however the text, by default, should open with the bookmarks displayed. The lack of these traditional elements would only be inconvenient for the undoubtedly small percentage of students who prefer to print the whole book.
Bearing in mind that the purpose of the text is to provide a broad overview of the subject for undergraduate students, the key concepts and summaries are accurate.
Periodic updates will be necessary due to developments in both statutory and case law. The extensive use of links to external sites might pose a problem should the site addresses change.
The author’s vocabulary is appropriate to an undergraduate audience, and the author’s liberal use of simple sentences results in a very clear and accessible writing style. New terms are clearly introduced to the reader and subsequently integrated into the text; however, the author identifies these new terms inconsistently (see Consistency below).
The text is consistent in terms of both its visual and stylistic presentation, but less so in its introduction of key terms, which the author introduces or uses in italics, bold, and blue with no discernible purpose. The blue font, though more eye-catching, is confusing at times because it is also used extensively throughout the text for hyperlinks. To compound the confusion, the author chose not to underline these links.
The text is obviously designed as an integrated whole but could, with little effort, be rearranged to suit criminal law surveys of varied lengths or to suit an instructor’s specific approach. The chapters and sections also lend themselves for use as selected readings.
The author has organized the text in a manner that will be familiar anyone who has every used a survey text in substantive criminal law. The first half (comprising eight chapters) covers the “general part” of criminal law, providing an overview of the historical, theoretical and functional context of criminal law in the United States; its structure; its constitutional limitations; and its attendant concepts of criminal defenses, liability, complicity, and inchoate crimes. The second half (comprising the remaining five chapters), covers the “special part” of the criminal law—an overview of the most common criminal offenses arranged by type or family: criminal homicide, sex offenses and crimes involving force or fear, crimes against property, public order crimes, and crimes against the government. The sequential progression of this content is appropriate and the amount of space given to each topic is balanced for the most part though the author spends more time explaining the legal system than the traditional criminal law survey text.
Interface rating: 2
The author has included a significant number of graphic embellishments (to set off ancillary material from the body of the text) and graphic aids. Neither add much to the text and both are stylistically problematic—making too much use of unnecessary colors and graphic effects as well as contributing to a number of odd page breaks throughout the text. Some of the graphic aids are too complicated. Others employ an inappropriate graphic layout for the information being presented. For instance, on pages 46-48, the author uses three hierarchical charts to depict the nation’s tripartite system of government. What each chart actually depicts, however, is the bifurcated nature of the nation’s federal and state governments. As a result, the chart on page 47 seems to suggest that both the federal and state governments fall under a larger “executive.” Overall, the text would be better served by a more sparing use of graphic aids and embellishments. Some of the information might be better presented/summarized in a simple table format. The remaining charts would be more appealing and easier to comprehend if they were re-done in simple, black and white, line art. The graphics used to set ancillary materials (such as the “Crack the Code” exercises) should be removed and those materials set off by a pastel background (as the author has done elsewhere) or by a simple line border, and a different font.
There were a few minor errors in grammar and punctuation—no glaring problems—and overall it was quite grammatically solid.
Not applicable.
In its current form, most instructors will find that the text has too many shortcomings to be acceptable as a stand-alone survey text for an undergraduate course in criminal law; however, the text’s strengths—it’s clear, concise prose and topical comprehensiveness—make it an attractive candidate for use as a supplementary reference text.
Reviewed by Ann Su, Part-time Instructor, Portland Community College on 1/7/16
This is an excellent introductory text for undergraduates.The textbook does a good job of introducing the basic legal concepts of criminal law, but it would not be appropriate for a law school course as it does not have the depth or technical .... read more
This is an excellent introductory text for undergraduates.The textbook does a good job of introducing the basic legal concepts of criminal law, but it would not be appropriate for a law school course as it does not have the depth or technical . However, there is not a table of contents, index or glossary incorporated into the body of the text. This makes it rather difficult to navigate from section to section without having to scroll up and down unnecessarily through text to find things.
The book has an accurate presentation of general information given that the book is not meant to be a treatise in law school.
Most of the content is up-to-date and will not be obsolete quickly. However, there are external links that may expire and that may require vigilance by the instructor in ensuring the currency of the link. Updates should be relatively easy as the text is written in a modular way.
The book is written in a concise way that is extremely "user friendly" with accessible prose. The jargon/technical terminology is very approachable with good examples that are concrete and relatable to an undergraduate student. The usage of visual aids and formatting techniques to emphasize different concepts further aids the reader's understanding.
The text is internally consistent in style, terminology, formatting and presentation of information.
The text is written in a modular way that would be easy to reorganize without any disruption to the reader. If left in its current form, the text would benefit from subheadings that are numbered into even more specific subsets with indentations. e.g. 1.1(a)(ii) rather than 1.1. This would aid the reader in tracking concepts/linking of concepts substantively and organizationally.
The organization, structure and flow of the material is one of the greatest strengths of the book. It has a natural sequence that is appealing and logical.
This is the most challenging aspect of the text because of the lack of the table of contexts/index and glossary, navigation is a serious issue if not read sequentially. Images and charts are often distorted and the text is not always formatted in the most readable style--the consistent spacing of text is monotonous to the eye. Varying the paragraph and sentence spacing as well as ensuring page breaks and headings are logically placed is essential and missing in the text.
The grammar is fine with no noticeable errors.
The text is culturally appropriate.
Reviewed by Matthew Kane, Adjunct Professor, University of Oklahoma on 1/12/15
The author’s work itself is very strong. The book is topically sound, covering the appropriate subjects for an introduction to criminal law. Unfortunately, there is no index or glossary (or table of contents within the text). This concern,... read more
The author’s work itself is very strong. The book is topically sound, covering the appropriate subjects for an introduction to criminal law. Unfortunately, there is no index or glossary (or table of contents within the text). This concern, along with other issues I have with the text, are issues that should be resolved through the editing process. Unfortunately, these two components are covered in the same evaluation - comprehensiveness - resulting in a mediocre rating when the review would be better served to have highest marks for coverage and lowest marks for index/glossary/etc.
Legal texts, by nature, are always subject to criticism/dissection of particular case analysis, etc. However, this book deals with broad concepts appropriately.
Criminal law is always evolving. However, the core concepts provided in this text have and should continue to stand the test of time. My only concern would be with the number of hyperlinks utilized throughout the book (which intentionally utilizes links over the inclusion of extensive case excerpts), as even the most “stable” of sites occasionally change resulting in an inability to easily access referenced information. If adopting the text, I would consider saving all hyperlinked materials to a location over which the professor has control, thereby ensuring students would have access for the duration of the course.
The book’s clarity is one of its strongest features. The author does an excellent job of writing in understandable language with careful discussion and explanation of key technical terms.
The book is consistent in its approach, terminology and depth of treatment of the covered topics.
The book is arranged by chapter and then section – i.e., Chapter 9 is comprised of Sections 9.1 (Homicide), 9.2 (Murder), 9.3 (First-Degree Murder), 9.4 (Felony Murder), 9.5 (Second Degree Murder), 9.6 (Manslaughter), 9.7 (End-of-Chapter Material). The logical use of such section numbers allows for shorter assignment of readings. Again, I would note that the book would benefit significantly from the inclusion of a detailed table of contents to allow the professor and/or student to more easily appreciate the organization and potential for reorganization or sub-chapter assignments.
The book provides a basic introduction of criminal law, the US legal system and its constitutional protections before delving into traditional areas of coverage in a criminal law text – general elements of and defenses to a crime and specific offenses. As discussed in the previous response, the chapters are broken down into logical sections.
The book’s interface is one of its most disappointing features. Page breaks are often in the wrong place, fonts and spacing are inconsistent and many of the charts and illustrations are fuzzy and difficult to read.
I noticed several very minor grammatical issues but overall it was very well written.
The cultural relevance is appropriate for the course.
As a result of the "star" ratings system, this review may appear to be very positive. Indeed, the author should be applauded for creating a very strong manuscript appropriate for undergraduate students (and law students seeking to supplement their understanding of criminal law issues). Unfortunately, the text, as currently available, is extremely difficult to fully utilize given the lack of table of contents, index and glossary and the obvious need for a final polish to correct page breaks, font inconsistencies, and blurry charts. A professor interested in adopting this book should anticipate devoting significant time to revising and editing for use in his or her course -- work which could ultimately be broadly disseminated pursuant to the creative commons licensing. Absent such efforts, students would immediately appreciate the difference in this open textbook and a traditional one, likely to their detriment.
Reviewed by Ronald Den Otter, Associate Professor, California Polytechnic State University on 7/15/14
For a text aimed at undergraduates, very comprehensive; it covers all of the topics in criminal law that ought to be covered. read more
For a text aimed at undergraduates, very comprehensive; it covers all of the topics in criminal law that ought to be covered.
Here and there, one could quibble with descriptions of the legal rules and concepts or w/ the description of cases but all-in-all, it's accurate.
Definitely not out-of-date. The book provides plenty of contemporary examples and refers to new cases. Of course, at some point in the future, a new edition would be appropriate.
Probably its best feature. extremely easy to follow. I also liked the flow charts.
No problems at all. In fact, good transitions from one topic to the next and the book (and each chapter) were well-organized.
Please see comment above. Again, I thought that it was easy to read. There were not large pieces of text that were hard to swallow.
I thought that the orgzanization made sense. Some topics ought to be introduced before others. The introduction did a good job of setting up the rest of the book.
No problems at all.
Extremely well-written.
Again, absolutely no problems here.
It's hard to write a textbook about any legal topic that would be appropriate for undergraduates. from my experience, most existing textbooks are either too detailed (for law students) or too simplistic (almost as if thety're written for high school students). This book strikes the right balance. It's as good as any other text on criminal law that I've encountered so far.
Table of Contents
- Chapter 1: Introduction to Criminal Law
- Chapter 2: The Legal System in the United States
- Chapter 3: Constitutional Protections
- Chapter 4: The Elements of a Crime
- Chapter 5: Criminal Defenses, Part 1
- Chapter 6: Criminal Defenses, Part 2
- Chapter 7: Parties to Crime
- Chapter 8: Inchoate Offenses
- Chapter 9: Criminal Homicide
- Chapter 10: Sex Offenses and Crimes Involving Force, Fear, and Physical Restraint
- Chapter 11: Crimes against Property
- Chapter 12: Crimes against the Public
- Chapter 13: Crimes against the Government
- Chapter 14: Appendix A: Case Listings
Ancillary Material
- Submit ancillary resource
About the Book
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn't completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.
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Criminal Law Assignment
Criminal Laws In Alabama, Burglary is when a person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a Class C felony, which carries a minimum of 1 year and 1 day but not more than 10 years in prison, and fines that cannot exceed more than $1 5,000 or any amount exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
In the Mobile, Alabama Code of Ordinances, the crime of Burglary is not listed as a particular ordinance but as a violation of a state law and is punishable by the state criminal code Section AAA-7-7. Most crimes listed in the Mobile Code of Ordinances are more based on violations of locally approved ordinances. Most of them deal with the preservation of city properties and public domains rather than actual criminal laws. Mobile City Code Ordinance about the horse drawn carriages is a unique one to me.
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It states that all animal-drawn carriages should meet a certain design standard given listed in the codes and can only be used by passengers for hire. There are also route limitations given to exactly where the carriages can be used and must be approved by the city traffic engineering director before being used. I do not think this law should abolished. There are still actual carriage companies located in Mobile and operating right down the street from my house. Criminal Law Assignment By Jackson’s
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Criminal Law - Assignment Example
- Subject: Law
- Type: Assignment
- Level: High School
- Pages: 3 (750 words)
- Downloads: 4
- Author: rodrigueztrycia
Extract of sample "Criminal Law"
Common law has fundamental roots from judicial and customs precedents and not statutes. It forms part of English law that mostly contrasts statutory law. Common law relates to English law modified and adopted differently by federal governments (Casenotes and Briefs 77). Mores describes the conventions and identifiable customs of the community. Mores relates to habits, ways of life or traditions embraced by the community. Mores defines the moral attitudes acceptable in an individual society. Stare a decisi relates to the doctrines of precedent in the creation of legal principle of determining points in a lawsuit.
It defines the principles of law on which the court used to rest an erstwhile decision. Statute law, as opposed to customary or oral law, refers to written laws by legislators and legislatures. Legislators write statute laws in monarchy states. Legislative rules prescribe, declare, or commands specific requirements. Substantive Criminal law relates to written rulings that explain the duties and rights in criminal and civil law. States can enact substantive criminal law by initiative processes (Cole, Smith, and DeJong 75).
It includes component items that usable to qualify and make a case as a crime. It involves breach of the constitution. They include an act involving physical action and criminal intent. Winning criminal trials involves proving that an element of necessity is absent. Bill of Attainder is a statutory act imposing punishment on an individual or a group of easily recognizable individuals. In most instances, decision on treason is executed without trial. The American constitution prohibits
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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .” This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights /property/benefits being transferred.
Contract Law
Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise. For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C. In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.
(1) Assignment of Rights/Duties Under Contract Law
There are a few notable rules regarding assignments under contract law. First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee . That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C. Second, rights cannot be assigned when they materially change the obligor ’s duty and rights. Third, the obligor can sue the assignee directly if the assignee does not pay him/her. Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.
(2) Delegation of Duties
If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised performance is more commonplace. Further, an obligee can sue if the assignee does not perform. However, the delegee is secondarily liable unless there has been an express release of the delegee. That is, if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.
Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor. If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .
Property Law
Under property law, assignment typically arises in landlord-tenant situations. For example, A might be renting from landlord B but wants to another party (C) to take over the property. In this scenario, A might be able to choose between assigning and subleasing the property to C. If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term. Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not.
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First Term Criminal Assignment
Info: 1897 words (8 pages) Essay Published: 9th Feb 2021
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Jurisdiction / Tag(s): UK Law
For the evaluation of what offences have been committed in a crime there should be a clear presence of actus reus and mens rea, for the prosecution to prove the existence of both elements of an offence beyond reasonable doubt. Actus reus is the guilty act , whereas mens rea is the guilty mind , both of which are required for criminal liability. In the given problem question, the most possible defendant could be Tom and the most possible claimants could be Dave, Edward and Simon. Tom, can be liable of battery to the extent of inflicting grievous bodily harm, under s.20 of the “Offences against the Person Act 1861”, for assault occasioning actual bodily harm under s.47 of the same Act and for common assault. Edward and Dave can be proved liable for battery.
To begin with, the most serious offence committed in the problem question is that of Tom against Dave and is battery to the extent of inflicting grievous bodily harm found in s.20 of the “Offences against the Person Act 1861”, “whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be… liable to … five years’ imprisonment”. The actus reus of the offence that applies to the problem question is the unlawfully and maliciously inflicting of grievous bodily harm introduced in DPP v Smith [1961] AC 290 for ‘‘no more and no less than really serious harm”. The word ‘inflict’ historically meant injury caused by a common assault or a battery but after Clarence this requirement has been relaxed. The mens rea that applies is the recklessly wounding or inflicting grievous bodily harm based upon subjective recklessness in Mowatt. Tom while being careless and uncontrollable (mens rea), hit Dave in the stomach (battery), rupturing his spleen and causing him to need blood transfusion (unlawfully infliction of GBH). The injury of Dave is considered as GBH according to the CPS Charging Standards- ‘‘injuries that cause a substantial loss of blood, usually necessitating a transfusion”.
The next more serious offence is that committed by Tom against Edward and is: assault occasioning actual bodily harm under s.47 of the ‘‘Offences against the Person Act 1861”, ‘‘whosoever shall be convicted on indictment of any assault occasioning actual bodily harm shall be liable… to imprisonment for any term not exceeding five years”. This offence requires both assault and battery and its only difference is the greater level of physical harm than battery/assault with a vague definition in R v. Donovan [1934] 2 KB 498 ‘Any harm which, although not permanent, is more than merely transient and trifling’. The actus reus that applies in the case is battery with actual bodily harm and is satisfied by bruises. The mens rea is often called as ‘half mens rea’ because it relates only to battery and not to the actual bodily harm. This means that the mens rea of s.47 is identical to the mens rea of battery and is found in R v. Savage [1992] 1 AC 699 when the House of Lords dismissed the appeal holding that ‘‘the mens rea of s.47 required attention or subjective recklessness in relation to the common assault or battery only … and no intention or foresight in respect of the injury caused by the assault or battery”. There is no requirement that the defendant intends to cause ABH or he foresees the possibility f causing ABH. In the problem question, Tom’s action, actus reus, to hit and break the nose of Edward is considered as a direct physical contact (battery) with an actual bodily harm, The level of harm experienced by Edward allows this offence to distinguish from battery in reference to the CPS Charging Standards (1996) for ‘extensive or multiple bruising’ and enables prosecution under section 47. The mens rea of the offence binds the mens rea of Tom in the sense that he got involved in the fight intending to hit Edward causing him to suffer from at least some actual bodily harm.
Another serious offence is that of battery experienced on Tom by Edward and Dave. ‘Battery is an act which a person intentionally or recklessly inflicts unlawful personal violence on another”, as stated in the Law Commission (1993) ‘Legislating the Criminal Code”. The actus reus that applies in the case is based on direct physical contact with another, there must be a minimum contact with the victim-‘even a mere touch of the clothes may suffice” R v. Thomas (1985) 81 Cr App R 331. The line between battery and s.47 is particularly important if consent is involved, it is only the level o harm that is different between the two offences. The mens rea is satisfied by either intention to make physical contact with the victim or by subjective recklessness as to such contact. With reference to the problem question, the actus reus was the direct physical contact of Edward with Tom when he punched him, but clearly noted that didn’t cause any harm to him at all. Therefore, Edward can only be proved liable for battery and not for assault occasioning ABH, s.47. The mens rea is satisfied as Edward’s intention was clearly to make physical contact with Tom. In addition, Dave can be proved liable for battery, to an extent. Dave definitely made a direct physical contact with Tom when fighting, but there is no evidence on the harm that he caused to him. The mens rea of the offence was binding as Dave, like Edward, had a clear intention to make physical contact with Tom. Thus, Dave can be proved liable for battery but with less certainty than Edward due to lack of evidence of harm on Tom.
A less serious offence can be evaluated from the case, that of the common assault, which may be used to prove Tom liable for his act against Simon. Common Assault is ‘an act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence’ as defined in the Law Commission (1993) ‘Legislating the Criminal Code’. The three elements of actus reus for the common assault that need to be established are: an act, an apprehension, immediate and unlawful violence. There must be a positive act, ‘to constitute the offence… some intentional act must have been performed…’ as stated in Fagan V MPC [1969] 1 QB 438, or words ‘ I would… reject the proposition that an assault can never be committed by words’ as the House of Lords held in R v. Ireland [1997] 4 All ER 225. Apprehension does not mean fear but expectation – a person may apprehend violence without being fearful. The House of Lords confirmed that only apprehension of immediate violence can suffice for an assault in R v. Ireland ‘what, if not the possibility of imminent personal violence, was the victim terrified about?”. The mens rea of the common assault is the intention to cause apprehension of immediate violence or subjective recklessness thereto – ‘the defendant must at least foresee a risk that his words/conduct will cause the victim to apprehend immediate unlawful violence”, as stated in the House of Lords in DPP v. Parmenter [1992] 1 AC 699. In the problem question the actus reus is established when Tom made a positive act and apprehended immediate violence by waving his fist at Simon and threatening to hit him. The mens rea of the offence was clearly shown by the intention of Tom to use immediate violence against Simon in case he did not go away. Simon apprehended the immediate unlawful violence and left the scene. As long as the three elements of actus reus and the mens rea were established, Tom can certainly be liable for common assault.
When examining the offences especially against Tom, some defences arise that may merely reduce the offences to lesser ones even if the actus reus and mens rea have been established.
Consent may be a valid defence to an extent. Consent can negate the unlawfulness of force. In R v. Donovan it was held that consent cannot apply to GBH but only to battery, ‘It is unlawful act to beat another person with such a degree of violence that the infliction of bodily harm is a probably consequence and when such act is proved, consent is irrelevant”. With reference to the problem question Tom may argue that Edward and Dave consented to his challenge to fight and to their injuries, like in R v Brown [1994] 1 AC 212 where the sado-masochistic homosexual defendants were charged with battery, s.47, s.20 and argued that the victims had consented to the activities and to infliction of injuries. However, consent may not have succeeded as a defence as the judges and jury are not flexible over these offences in order to protect the society against violence.
Another possible defence that Tom may refer to is intoxication where the defendant has ingested alcohol in that amount in which he is not able to control his actions. Then the defendant is to blame for his inability to form mens rea and the law may take account of his intoxication. In the problem question, although there is some reference to Tom drinking in the night club, there is no clear evidence of the amount of the alcohol taken and of the condition of Tom.
In case Dave did not agree to blood transfusion, Tom would be liable of reckless manslaughter. This offence would have been established when Tom caused death to Dave with awareness that his conduct carried a risk of causing death or serious harm. The liability arises due to the thin-skull rule which provides that a defendant is liable for the full extent of the victim’s injuries even those that were not foreseeable at the time of the commitment of the offence. That is based upon the principle that you ‘get the victim as you find him’. Therefore, Tom could have been proved liable for the death of Dave, even that this was not foreseeable and may not have been intended when he punched him in the stomach. As long as he committed the unlawful act, he should have been liable to any consequences that could arise.
Considering the examination of criminal liability in the given problem question can be concluded that Tom is more probable to be proved liable for the most serious offences and Edward and Dave for battery. It is up to the discretion of the judge to decide; therefore we can only refer to the liability of offences with probabilities until taken to court. Tom can most probably be proved liable under s.20 of the “Offences against the Person Act 1861” for grievous bodily harm against Dave, under s.47 of the ‘‘Offences against the Person Act 1861” for assault occasioning actual bodily harm against Edward and for common assault against Simon. Edward and Dave can be proved liable to an extent for battery against Tom. As to the defences of consent and intoxication for reducing the offences of Tom to lesser ones, not much can be argued due to the reluctance of the judges to reduce offences for the protection of the society.
Bibliography
- ‘Legal Skills A Guide’, School Of Law, Uni Reading, September 2008 pages 76,78
- Lecture Handouts 2008-2009 by Steve Banks pages 66-75
- Law express for Criminal Law 2007 pages 74-116
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Actus reus: automatism, accessed 30 September 2011
Criminal Liability and Actus Reus 76. 1-6. Accessed 30 September 2011.
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Becker, G.S. (1968). Crime and Punishment: An Economic Approach. Journal of Political Economy. doi:10.1086/259394
Cohen, L.E., & Felson, M. (1989). Social Change and Crime Rate Trends: A Routine Activity Approach. American Sociological Review. doi:10.2307/2094589
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"Criminal Law" (2010). Cornell University Law School. Retrieved online: http://topics.law.cornell.edu/wex/Criminal_law
Hornberger, J.G. (1990). The forgotten importance of civil liberties. Freedom Daily. July 1990. Retrieved online http://www.fff.org/freedom/0790a.asp
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Criminal Law Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand of such concepts as self-defense, necessity, insanity, negligence, and complicity. Criminal law is clearly written law in other words, it is a codified law. In the United States this codified law is known as the Model Penal Code which has helped in recent reforms of criminal codes in many major states. But laws in one state may not be similar to laws in another and this applies to criminal law as well. For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law. Criminal statutes…
Jerome Hall. General Principles of Criminal Law. Bobbs-Merrill. Indianapolis.
2) George P. Fletcher. Basic Concepts of Criminal Law. Oxford University Press. New York. 1998.
3) Thomas J. Gardner & Terry M. Anderson, Criminal Law Wadsworth Publishing 2002
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Works Cited
American Civil Liberties Union. (2008). "Become a Card-Carrying Member of the ACLU."
Retrieved April 19, 2008, at http://www.aclu.org .
Friends Committee on National Legislation. (2008). "A Quaker Lobby in the Public Interest."
Retrieved April 18, 2008, at http://fcnl.org/index.htm .
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Canedy, Dana. "Florida Boys Convicted in Father's Death; Family Friend is Acquitted in Separate Trial." The New York Times. 7 Sep. 2002. Web. 5 Mar. 2012.
CBS News. "Wrestling Case Draws Life Sentence.'" CBS News. 11 Feb. 2009. Web. 5 Mar.
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"Fisher v. Texas." NCSL, 2013. Web. 12 Nov. 2103 http://www.ncsl.org/research/education/affirmative-action-court-decisions.aspx >
Wermeil, Scott."SCOTUS for Law Students." SCOTUS Blog. Web. 12 Nov. 2013
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Acker, J. & Brody, D. (2011). Criminal Law. Chicago: Jones & Bartlett Learning
Alldridge, P. (2001). Personal Autonomy, the Private Sphere, and Criminal Law: A Comparative
Study. Indiana: Hart Publishing
Paul, H. (2008). Criminal law: case studies & controversies. California: Aspen Publishers.
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Hall, Daniel E. (2011). Criminal Law and Procedure. Independence, KY: Cengage Learning.
Laville, Sandra. (2010). Assisted suicide guidelines: family can still fact prosecution. The Guardian. Retrieved January 23, 2013, from http://www.guardian.co.uk .
Shouse Law Group. (2010). California Rape Law. Retrieved January 23, 2013, from http://www.shouselaw.com .
The Lectric Law Library. (2010). Intent, Specific & General / Criminal Liability Basics.
Criminal Law and Property the
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Criminal Law Edwards v South Carolina 372
Criminal Law Edwards v. South Carolina, 372 U.S. 229 (1963) Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when 187 people peacefully marched upon the state capital of South Carolina to voice their problems with the inequalities facing African-Americans. After being ordered to disperse, they were arrested under the charge breach of the peace. They sued the state (in 1961) claiming that they violated their First and Fourteenth Amendment rights. The evidence showed that there was no threat of violence directed at public safety or the officers involved. Instead, the protestors sang patriotic and religious songs in unison. ("Edwards v. South Carolina," 2011) Issue: The main issue was; does the state have the right to enforce these laws when someone is peacefully demonstrating. Moreover, do they have the right to publically assemble in order to highlight their views to elected…
Adderley v. Florida. (2013). Oyez. Retrieved from: http://www.oyez.org/cases/1960-1969/1966/1966_19
Edwards v. South Carolina. (2011). Oyez. Retrieved from: http://www.oyez.org/cases/1960-1969/1962/1962_86
United States v. Bailey. (2011). Justia.com. Retrieved from: http://supreme.justia.com/cases/federal/us/444/394/
US v. Wise. (2010). Legal.com. Retrieved from: http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=2000361221F3d140_1347.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7
Criminal Law and Business a
The question at hand however, involves whether the mailing is germane to the actual fraud scheme which was committed. On this point two issues arise, first was the mailing an essential part of the scheme, and second did the mailing further the execution of the fraudulent scheme the defendant suggests that the mailing of the application was only an innocuous step in the process; "innocent in and of itself… merely tangentially related to the fraud… and far from furthering the execution of the fraud, occurs after the fraud has come to fruition" (eed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). To the Court however, the mailings constitute activity which while not potentially "an essential element of the scheme" was incident to an essential part of the scheme or a step in the plot" (eed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). The mailing of the title…
Legal Dictionary. (N.D.). Factual Basis. Legal Dictionary. Retrieved March 11, 2011
from http://dictionary.lacriminaldefenseattorney.com/factual/factual-basis.html
Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. (2008). The Legal and Regulatory
Environment of Business 14th Edition.
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Criminal Law Both New Jersey
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law that you believe has most strongly influenced modern criminal law. Explain the theory and the basis for your selection. From there, explain why an understanding of statutory law is necessary in a criminal justice context. elect one statute on any criminal law. Use that statute as your point of reference to support your positions and conclusions. Conclude by selecting one case involving a criminal procedural issue and another case involving a substantive criminal law issue. ummarize your two selected cases and explain why an understanding of statutory and case law is important to a criminal justice professional. The classical theory of law believes that an individual is in charge of their own actions and voluntarily chosen to therefore break the law. Behavior is rational and since this is the case, the law acts in kind, also in a rational way. Criminal law, as propounded by Cesare Beccaria in "On…
Cliff's Notes Sentencing Statutes and Guidelines
http://www.cliffsnotes.com/study_guide/Sentencing-Statutes-and-Guidelines.topicArticleId-10065,articleId-10042.html
Schlatz, B. Classical Theories in Criminal Justice
http://www.ehow.com/list_7457240_classical-theories-criminal-justice.html
Criminal Law System the Recurring Issue Within
Criminal Law System The recurring issue within the Criminal Law system in our courts and judges is lack of funding. As much awareness of this issue, and as much campaigning as people have done to get this issue resolved, there is still not enough financial backing to properly serve all the individuals involved. It can be easy to say that this is a legislation issue, or one left for the policy makers, but the impact that improper funding has on an entire society, especially at the individual level, makes this an issue worth taking care of. Funding is of the utmost importance if one wants to get anything done right. In order for criminal law to be able to excel in a society that values freedom and liberty over all else, a proper system of funding needs to be implemented. Hundreds of millions of dollars are given to criminal justice…
References:
West, Tony. "Criminal-Justice System -- A Pipeline With Problems."
May 2009. Web. 11 September 2011.
Chung, Kathleen. "Update Report: Legal Stakeholders on Funding the Criminal Justice System." State Bar of Wisconsin. 17 March
Criminal Law
Part 1: Criminal Case Brief Name of case U.S. v. Madoff, 08-MAG-02735 It should be noted that Bernard Madoff’s scandal attracted several lawsuits. Some of the main cases include SIPC v. Bernard L. Madoff Investment Securities, SEC v. Madoff, and U.S. v. Madoff. This discussion will focus on U.S. v. Madoff, 08-MAG-02735. Year the crime was committed Being a Ponzi scheme where investors had invested significant amounts of money over a long period of time, it is estimated that Madoff commenced the fraud in the 1980s. Indeed, in the words of Henshaw (2014), “investigators believe that Madoff’s fraudulent activities extend back to perhaps the early 1980s, and it is possible that his firm was never really a legitimate business” (109). Place the crime was committed Investors into Madoff’s investment company came from all over the world and from as many as 136 countries (Cohn, 2018). In essence, a significant percentage…
morality ignorance and interpretations of law
In “Morality Influences How People Apply the Ignorance of the Law Defense,” Alter, Kernochan, Darley, et al. (2007) present the findings of four empirical studies showing how the perceived morality of the defendant influences decisions regarding determinations of guilt. In all four of the studies, the researchers found that laypeople will judge a defendant more harshly when the defendant is perceived of as an immoral person—regardless of whether the defendant claims ignorance of the law. The authors contend that the law should reflect the “moral intuitions” of the people, allowing for a differentiation between the actus reus (the criminal act) and the mens rea (criminal intent). Complicating matters is the fact that American legal precedent does not allow for an ignorance of the law defense; a person cannot hide behind claims to not know the law. A person who genuinely does not know that an act is criminal cannot have…
Arson Criminal Code or Statutes
Criminal Law In Minnesota, the criminal code for arson falls under damage or trespass to property. It is regarded as a serious crime incorporating damage to property and threats to human life. Based on Minnesota criminal code 609.56, arson is classified into four categories i.e. arson in the first degree (609.561), arson in the second degree (609.562), arson in the third degree (609.563), arson in the fourth degree (609.531), and arson in the fifth degree (609.532). As defined in this criminal code, the key elements of this crime include illegal destruction or damage of a building and deliberate use of fire or explosives (Office of the Revisor of Statutes, 2019). Arson in the first degree entails unlawful intentional destruction or damage of a building used for dwelling using fire or explosives while second degree incorporates any building not covered in the first degree classification. Arson in the third degree includes…
Legal Cases Criminal Codes and Liability
State v. Burrell 1. In the State of New Hampshire, Marc Burrell was convicted in a jury trial on the count of manslaughter. State v. Burrell refers to Burrell’s appeal of the original conviction. The grounds of Burrell’s appeal were that the jury was improperly instructed on the parameters of criminal liability. In the original case, Burrell accidentally shot someone. 2. Crucial to the Burrell case is the definition of a “voluntary act.” Under New Hampshire criminal codes, "[a] person is not guilty of an offense unless his criminal liability is based on conduct that includes a voluntary act or the voluntary omission to perform an act of which he is physically capable." RSA 626:1, I. Because Burrell’s act can be considered involuntary, Burrell appealed on the grounds that criminal liability was not properly proven. Burrell is claiming that the jury did not sufficiently distinguish between a voluntary and an…
North Lawndale Chicago Crime and Economic Assessment
Identification of Community Assets: which potential assets in the community are important to consider and why? Based on the results of your secondary data analysis of the community, which particular assets may be important to engage? Strategies for EngagingCommunity assets related to education and business development are very important to North Lawndale. Here, the community is demographics are much weaker than the national averages. Here, the economic success of the area is mixed. On the negative side, nearly 46% of the residents in North Lawndale have incomes of less than $25,000 a year. This is particularly alarming as the medium household income in the United States is roughly $63,000. Here, having an income that is much lower than the nation average may suggest a lack of needed skills within the community. This is reinforced by the fact that North Lawndale has a persistently highly unemployment rate of 16%. As a…
1. Mulder, M. T. (2015). CHICAGO: A Brief History of African American In-Migration and White Reaction. In Shades of White Flight: Evangelical Congregations and Urban Departure (pp. 55–64). Rutgers University Press. http://www.jstor.org/stable/j.ctt13x1g3b.9
2. Peterson, V. W. (2020). Chicago’s Crime Problem. Journal of Criminal Law and Criminology (1931-1951), 35(1), 3–15. https://doi.org/10.2307/1138132
3. Simpson, G. E. (2018). The Chicago Crime Commission. Journal of Criminal Law and Criminology (1931-1951), 26(3), 401–420. https://doi.org/10.2307/1135237
Criminal Laws in the United States Are
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles. Creation of Laws in the United States: Most of the…
"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from http://www.historyoflaw.info/history-of-american-law.html
Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,
2012, from http://americanhistory.about.com/od/judicialbranch/a/Early-Development-Of-The-United-States-Court-System.htm
"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University
Criminal Law and Psychopathy
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The debate on whether or not psychopaths should be held criminally responsible for their acts, and thus be subjected to criminal punishment, has been raging for a long time. On one side of the debate are legal scholars, lawmakers, and judges who are of the opinion that psychopaths have an existing predisposition to commit crimes as a result of their lack of concern or compassion of any kind for those they hurt. Psychopathy is on this front regarded as…
Criminal Law A Comprehensive Research Primary and
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help understanding the mechanism that deals with the criminal law. Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with violence and harm to societies and individuals, destroying the property and degrading the respect of individuals, societies and institutions. It is quite obvious that we are facing problems in describing the nature of crimes and are unable to understand the works of many scholars on this subject. The basic question is "What is crime?" there are a number of answers to that, some are supporting each other while some are contradictory to each other. There is a strong need to…
Richard Quinney, Criminology as Peacemaking, Indiana University Press, 1991.
Walker, Samuel (1992). "Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969." Justice Quarterly
Wolfgang, Marvin (1990). "Crime and Punishment in Renaissance Florence." Journal of Criminal Law and Criminology (Northwestern University)
Neocleous, Mark (2004). Fabricating Social Order: A Critical History of Police Power. London: Pluto Press.
Criminal Law Argument One Sharon
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an assault, depending on the circumstances and the wording of the law. All jurisdictions include certain aggravating factors that raise a simple assault to an aggravated assault, which are typically felonies. These aggravating circumstances include using a dangerous or deadly weapon and/or having the intent to rape, maim or murder the victim. An example of an aggravated assault, which is a felony, would be if Jack threatened to hit John with a baseball bat and came swinging at him. In the case at hand, if Sharon had missed her husband, her act would most likely be held as an aggravated assault. However, once the contact or…
Bibliography
Klotter, John C., and Joycelyn M. Pollock. (2006): Criminal Law. 8th ed. Newark: LexisNexis Matthew Bender.
Padfield, Nicola. (2004): Criminal Law. 4th ed. New York: Oxford University Press.
Dix, George E. (2001): Gilbert Law Summaries: Criminal Law. Barbri Group.
Dressler, Joshua, and Frank R. Strong. (2006): Understanding Criminal Law. Newark: LexisNexis Matthew Bender.
Criminal Law Cases Examinations
People v. Goetz (1986) 1. Give an overview of the case. The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…
criminal law cases analysis
State v. Stark (1992) Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter. The police obtained evidence in form of testimony from the three victims who confirmed that they…
Functions of Due Process in the Criminal Law System
Criminal Law Due Process Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action. Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…
Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School: http://www.law.cornell.edu /wex/criminal_procedure
Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank: http://law.jrank.org/pages/6315/Due-Process-Law.html
Fifth Amendment. (n.d.). Retrieved from Cornell University Law School:
Civil and Criminal Law Are
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5. Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house. Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…
civil tort criminal law differences
Civil vs. Criminal Law Goals The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004). Players The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…
Police and Criminals Law Enforcement
Furthermore, in this game of "cat and mouse," the law enforcement officers being the cat, they have to think and act in the way that criminals do in order to catch them- officers need to anticipate criminal actions. By doing this, officers need to be "at one" with criminals thus making criminals and officers to employ very similar ways of thinking. Thinking and operating in the same manner and anticipating one another's moves allows criminals and law enforcement officers to utilize the same skill set and mentality in order to stay one step ahead of the other. Despite these similarities, it is important to delineate the differences between police and criminals, which includes, the police being moral and ethical, using their propensity for violence to ensure the safety of the community they are protecting and ultimately using their status in society for good. Being moral and ethical are two traits…
Evidence in Criminal Law the
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under the duress of police custody; if he does not believe he is being forced to talk or threatened to talk, there can be no duress, so the evidence is admissible. And the officer can testify to what the defendant said, but it has to be in the form of exceptions to hearsay evidence. As he would be testifying to matters for the truth of the matter asserted, they have to meet hearsay exceptions - the most important one here would…
Barbri Criminal Procedure Review. (2005). New York: Barbri.
PMBR Criminal Procedure Review. (2005). New York: PMBR.
Analysis Knowledge of Employment and Criminal Law Is Important for Security Manager
Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees.…
Ashworth A and Redmayne M, (2010), The Criminal Process (4th ed, Oxford: OUP).
De Barnier V, (2014), "Chapter 16: Counterfeiting: The challenges for governments, companies and consumers, in Gill M, The Handbook of Security, Edition Palgrave Handbook, ISBN: 9781137323279
Hall M, (2009) Victims of Crime: Policy and Practice in Criminal Justice (Cullompton: Willan).
Herring J, (2014), CRIMINAL LAW: Text, Cases, and Materials, SIXTH EDITION, Oxford University Press
Employment Law Criminal Law to the Security Manager
Legislation Disputes Advice on Handling Dismissals The Minimum Wage Working Time egulations WOKES AND EMPLOYMENT DISCIMINATION Gender and Sexual Orientation Discrimination Sexual Orientation Gender eassignment Discrimination on Grounds of ace or eligion or Age Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees. Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…
Ashworth, A. 1995. Principles of criminal law. Oxford [England]: Clarendon Press, p. 87.
Computer World. 1996. IT security managers too focused on compliance, experts say. [online] Available at: http://www.computerworld.com/s/article/9237254/IT_security_managers_too_focused_on_compliance_experts_say [Accessed: 12 Jun 2013].
Fay, J. 2007. Encyclopedia of Security Management. Burlington, MA: Butterworth-Heinemann, p. 249.
Fletcher, G. 1998. Basic Concepts of Criminal Law. New York, N.Y.: Oxford University Press, p. 45.
Criminal Justice Is the Coordination
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
Criminal Justice Process a Felony
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009). The trail Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…
Criminal Justice. (n.d.). Retrieved from http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/famil y_legal_guide/chapter_14.authcheckdam.pdf
Criminal Justice System Handbook. (2009). Retrieved from http://www.nycourts.gov/litigants/crimjusticesyshandbk.shtml
Criminal Justice Process. (n.d.). Retrieved from http://www.courtwatchflorida.org/uploads/Training_-_Criminal_Justice_Process.pdf
Steps in the Criminal Justice Process. (n.d.). Retreived from http://sao.co.sarasota.fl.us/legal.htm
Criminal Justice African-Americans and American
The stigmatization of African-Americans has caused terrible harm in many areas, and only exacerbates the perceived "problem." T]hirty years of forced removal to prison of 150,000 young males from particular communities of New York represents collective losses similar in scale to the losses due to epidemics, wars, and terrorist attacks -- with the potential for comparable effects on the survivors and the social structure of their families and communities. (oberts, 2004) By destroying African-American communities and social networks on a massive scale, law enforcement officials are contributing to the very problems they purport to be fighting. The mass imprisonment of African-Americans further spreads and entrenches the notion that African-Americans are somehow incapable of conforming to the larger society's rules and regulations. The more common the prison experience becomes in African-American life, the more normative it becomes in both African-American and majority White culture. oberts underlines the terrible effects of this…
References http://www.questia.com/PM.qst?a=o&d=5002443832
Coker, D. (2003). Foreword: Addressing the Real World of Racial Injustice in the Criminal Justice System. Journal of Criminal Law and Criminology, 93(4), 827+.
A www.questia.com/PM.qst?a=o&d=5001961747
Harcourt, B.E. (2003). From the Ne'er-Do-Well to the Criminal History Category: The Refinement of the Actuarial Model in Criminal Law. Law and Contemporary Problems, 66(3), 99+.
A www.questia.com/PM.qst?a=o&d=5001961755
Criminal Justice Although Jeff's Confession
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case. The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal. ources Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html Walker, Jayme . (1998, Dec…
Criminal Law Lawyer Source. (2009). Search Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html
Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession."
Criminal Justice Corrections the Objective
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President ush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of oumediene v. ush that the U.S. Supreme Court "overturned the portions of the law" relating to habeas corpus and stated findings that the individuals held at Guantanamo ay have "constitutional rights to challenge their detention in United States courts." (The New York Times, 2009) III. Response of the Obama Administration It is related that one of the first things that the administration of President arack Obama accomplished was an executive order that closed Guantanamo and one that as well "issued an immediate halt to…
Elsea, Jennifer (2005) The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice. CRS Report for Congress. 18 Jan 2005. Online available at; http://www.globalsecurity.org/military/library/report/crs/rl31600.pdf
Henning, Anna C. (2009) Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees. 2- March 2009., CRS Report for Congress. Online available at: http://www.fas.org/sgp/crs/natsec/R40419.pdf
Military Commissions (2008) The New York Times. 9 May 2009. Online available at: http://topics.nytimes.com/top/reference/timestopics/subjects/d/detainees/military_commissions/index.html?inline=nyt-classifier
Richey, Warren (2006) Supreme Court Rejects Military Tribunals. The Christian Science Monitor. 30 June 2006. Online available at: http://www.csmonitor.com/2006/0630/p01s01-usju.html
Criminal Justice Do You Agree
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all 50 states. One could argue that certain areas of search and seizure laws still allow police conduct that violates those valuable underlying principles. In particular, the Drayton decision (122 S. Ct. 2105, 2002) rejected the suggestion that ordinary citizens are not likely to believe they are free to decline a police officer's request for consent to a search of their person or belongings without probable cause. In Drayton, the defendants were passengers on a bus when two uniformed police officers boarded the vehicle and initiated conversations with passengers as part of routine drug and weapons interdiction practices. The defendants consented to a specific request of the officer to search their bags and then their persons and the officer found cocaine concealed in the clothing of…
Bulzomi, M.J. (2006) Police Intervention Short of Arrest.
FBI Law Enforcement Bulletin 17(11), 26-32.
Mills, J.S. (1859) On Liberty.
Indianapolis: The Bobbs-Merrill Company, Inc. (1956)
Criminal Justice - Corrections Issues
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time. Admittedly, political access and the relative ability of specific individuals, communities, and entities to generate legislative changes beneficial to them are not, in any sense, equal when viewed from the microcosmic perspective. Nevertheless, over time, changes in the American criminal justice are largely functions of widely-shared societal concerns and social values in the United States. In recent years, the American criminal justice system has changed in several significant respects: it has become increasingly federalized; it seen a dramatic increase in the privatization of criminal justice facilities; and it has become ever-more effective by virtue of its technological evolution. Likewise, concepts and principles of criminal reform have continually undergone cyclical changes, due in part to unanticipated flaws in prior approaches or simply…
Criminal Justice Purposes of Criminal
Another form of punishment is by restraint or incarceration. By keeping the person under state control, then the state can avert the person from committing another crime. On the other hand, many times incarceration is only a temporary answer. ehabilitation is an alternative when it is possible. The person who violates criminal laws gets punishment but also learns how to alter their bad behavior and work toward becoming a productive citizen. The last reason of punishment is retribution, or to make the person suffer for the pain caused to the victim and the victim's family. Many times, this reason is most relevant to the victim or the victim's family when a violent crime is committed (the Purpose of Criminal Laws, 2012). Deterrence In very broad terms punishment may be anticipated to affect deterrence in one of two ways. First, by escalating the certainty of punishment, potential offenders may be deterred…
Bundy, D. (2011). Philosophy of Criminal Law Protection. Retrieved from http://suite101.com/article/philosophy-of-criminal-law-protection
The Purposes of Criminal Law. (n.d.). Retrieved from http://www.federationpress.com.au/pdf/Lanham%20Ch1B.pdf
The Purpose of Criminal Laws. (2012). Retreived from http://www.superpages.com/supertips/criminal-laws.html
Wright, V. (2010). Deterrence in Criminal Justice. Retrieved from http://www.asca.net/system/assets/attachments/1463/Deterrence_Briefing_.pdf?12901
Criminal Justice - Systematic Problem
Equal Protection: Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history. According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of…
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.
Friedman, a. (2005). A History of American Law. New York: Touchstone.
Kaveny, C. (2008). Justice or vengeance: is the death penalty cruel and unusual?
Commonwealth; Feb 18/08.
Criminal Justice Critique on Policing
This study indicates that introducing new policing methods can be extremely problematic, (at least in the CMP organization), and that it can lead to dissention in departments and even in executive areas. It also shows a shift in overall thinking and governance to a more liberal outlook, both on crime and in the public, and it seems this shift is likely to continue. This seems to be a result of an overall shift in the public's awareness and needs in policing, and it should continue in the future. This seems to be continued in the public outcry and legislative response introducing legislation to get tougher on crime, as well. Finally, the final article expresses the views of Canadians on three key issues: sentencing severity, the purposes of sentencing, and mandatory sentences of imprisonment. Canadians over the past 30 years have felt these issues are too lenient, and this continues, even…
Deukmedjian, J.E. (July 2006). From community to intelligence: Executive realignment of RCMP mission. Canadian Journal of Criminology and Criminal Justice. 523-542.
Office of the Prime Minister, (2006). Tackling crime: Stronger laws. Retrieved from the Government of Canada Web site: http://www.tacklingcrime.gc.ca/stronger_laws_e.asp19 Oct. 2007.
Roberts, J.V., Crutcher, N. And Verbrugge, P. (2007). Public attitudes to sentencing in Canada: Exploring recent findings. Canadian Journal of Criminology and Criminal Justice. 75-107.
Criminal Justice Grade Course to Be Honest
Criminal Justice Grade Course To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that it has become some sort of entertainment. It is mostly featured in the prime time news as a mass magnet for news corporations which are business entities and would therefore; capitalize on the expectant audience it has attracted. A large proportion of the crime reported is usually projected as individual subversions rather than socially motivated misdemeanors. It is from this perspective that criminals are feared beyond their capability without proper dissemination of the causes leaving an audience that is always pregnant with political, or sexual related crimes as a form of entertainment than a source of crime prevention issues that would go a long way in making their neighborhoods safer. This paper will delve into the three main parts; the study…
Catalano, S.M. (2006). The Measurement of Crime: Victim Reporting and Police Recording.
New York: LFB Scholarly.
Conklin, J. (2010). Criminology. New Jersey: Pearson Education Inc.
Kornhauser, R. (1978). Social Causes of Delinquency. Chicago: University of Chacago Press.
Law Enforcement and Corrections
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…
Criminal Justice & the Prison
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated to be represented by "...experimental evaluations that make use of the random assignment of individuals to interventions and control groups..." (Mulhlhausen, 2009) Mulhlhausen (2009) reports that randomized evaluations are of the nature that serve to "ensure that pre-progam differences between the intervention and control groups do not confound or obscure the true impact of the programs being evaluated." In addition, random assignment is stated to enable the evaluator in testing "for differences between the experimental and control groups that are due to the intervention and not to pre-intervention discrepancies between the groups. y drawing members of the interaction and comparison groups from the same source of eligible participants, these experimental evaluations are superior to other evaluations using weaker designs." (Mulhlhausen, 2009)…
David Weisburd, Cynthia M. Lum, and Anthony Petrosino, "Does Research Design Affect Study Outcomes in Criminal Justice?" Annals of the American Academy of Political and Social Sciences, No. 578 (November 2001), pp. 50-70.
Nathan James, "Offender Reentry; Correctional Statistics, Reintegration into the Community, and Recidivism," CRS Report for Congress, April 21, 2009.
William R. Shadish, Thomas D. Cook, and Donald T. Campbell, Experimental and Quasi-Experimental Designs for Generalized Causal Inference (Boston: Houghton Mifflin Company, 2002).
Muhlhlausen, David B. (2009) Prisoner Reentry: A Limited Federal Government Role. The heritage foundation. 5 Nov 2009. Online available at: http://www.heritage.org/Research/Crime/tst110509a.cfm#_edn35
Criminal Justice History and Current
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. hen this is done, the objective of defending civil liberties is served but the aim of finding the truth and shielding public safety are denied. The problem becomes what are the main concerns. The result is that criminal justice reforms have been a mixture of programs that serve dissimilar, often unequal, goals, leaving Taiwan's bench uncertain of what its objectives are and in what order they are to be pursued (Kennedy, 2003). Another primary aspect of reform that seems to be forbidden is any contemplation of the costs of different criminal justice reforms. In the course of figuring out the new reforms there was never any cost analysis or cost projection done to find out what economic impact the new customized adversarial system or any of the other reform…
Kennedy, Brian L. 2003, "Taiwan's Criminal-Justice System: Clash of Cultures," viewed 26
October 26, 2010,
Criminal Procedure Law
Criminal Procedure Law This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those who violate the set laws. The paper is a suggested criminal justice system for a national jurisdiction, at the federal level. The jurisdiction has a population of about one million people who are equally dispersed in the urban cities and rural areas of the nation. The social and economic status of the residents in this jurisdiction ranges from the very poor to the very rich. The country has its fair share of illegal immigrants and the criminal acts perpetrated in the country do compare throughout all the regions of the country. Murder/Manslaughter Murder Murder is the termination of the life of a human being. The life of a human being starts at the point of conception. Murder is an act committed…
Works cited
Adlerstein, Jo Anne C. "Felony-Murder in the New Criminal Codes." Am. J. Crim. L. 4 (1975): 249. Web.
Bubany, Charles P. "Texas Penal Code of 1974, The." Sw. LJ 28 (1974): 292. Web.
HEALTH AND SAFETY CODE, § CHAPTER 481-Sec. 481.001.-Sec. 481.354. (2013). Web.
Miller, Emily L. "(Wo) manslaughter: Voluntary Manslaughter, Gender, and the Model Penal Code." Emory LJ 50 (2001): 665. Web.
Criminal Justice Sexual Offender Legislation
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007). Highly publicized cases that deal with the abduction, rape, abuse, and murder of young children have led federal and state governments to introduce new laws that require stricter punishments, requirements, and prohibitions for sex offenders. Increasingly rigorous and over-inclusive necessities for sex offenders are almost unanimously accepted and easy for legislators and politicians to support because they are popular among the general public. As Congress passes law after law cracking down on sex offenders, experts and officials question whether the requirements of those acts even work to achieve the goals of legislators (Farley, 2008). The most recent act, the Adam Walsh Act (AWA), raises many questions as Congress again expands punishments and requirements of sex offenders. The AWA contains…
Farley, Laura Geer. (2008). The Adam Walsh Act: The Scarlet Letter of the Twenty-First Century. Retrieved May 28, 2009, from Web site:
http://washburnlaw.edu/wlj/47-2/articles/geerfarley-lara.pdf
Fellner, Jamie. (2007). The wrong sex offender laws. Retrieved May 28, 2009, from Los Angels
Times Web site: http://articles.latimes.com/2007/sep/18/news/oe-fellner18
Criminal Justice Explain How Policy
224). The strongest case in the criminal law annals for race-based affirmative action occurs in "drug possession offenses," Heffernan writes. The drug busts show "compelling evidence of discrimination against blacks," the author insists; moreover, he claims that many law enforcement personnel have admitted that they practice "a kind of affirmative action: they admit that they selectively enforce anti-drug laws in the black community." The justification for busting black people in the inner city is that "heightened enforcement is good for the community," and further, the reason so many African-American men are caught dealing drugs is that is much easier for police to find crimes among poor people -- this assumes that many blacks in inner cities are low income -- because poor people "are more likely to commit those crimes in public places" (Heffernan, p. 225). All of the issues that Heffernan has referenced contribute to the reason that the…
Eckholm, Erik. (2010). Congress Moves to Narrow Cocaine Sentencing Disparities. The New
York Times (p. a-16). Retrieved February 2, 2011, from General Reference Center Gold.
Heffernan, William C., and Kleinig, John. (2000). From Social Justice to Criminal Justice:
Poverty and the Administration of Criminal law. New York: Oxford University Press U.S..
Criminal Justice - Counterterrorism Counterterrorism
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law. 4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA? The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant…
Criminal Justice Gaetz S July 2004 Safe
Criminal Justice Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice. This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are at substantial risk of being in the street in the immediate future" (433). Survey findings show that just as expected, victimization mostly occur among the street than domiciled youth. Moreover, street youth reporting of criminal victimization is not common among both males and females. 41.7% of the respondents who have been victimized "told a friend" about the incident of victimization, 33.1% "did not tell anyone," and a far 17.2% reported the victimization to their partner (boyfriend or girlfriend)…
Felson, R. et. al. (August 2002). Reasons for reporting and not reporting domestic violence to the police. Criminology, Vol. 40, Issue 3.
Felson et. al.'s research utilized the National Crime Victimization Survey as its primary instrument in determining, assessing, and measuring the factors that lead to reporting (or not reporting) incidences of domestic violence. Survey findings show that there are three primary factors that are significantly relevant in inhibiting victims to reporting domestic violence to the police: "the desire for privacy, the desire to protect the offender ... And fear of reprisal."
The NCVS survey findings illustrate how the prevalence and continuous occurrence of abuse and domestic violence, especially among females, is still a social problem that needs unwavering attention by the government and civil society. New findings such as hesitance of male victims to report on their victimization reflect the changing nature of domestic violence in American society. In the same way that females need protection through the dissemination of proper and useful information about domestic violence, males are also in need of protection as well. Another important implication of the study is the changing nature of the respondents' (victims) concept of domestic violence, which varies significantly across gender.
Criminal Justice Forensics & DNA
At the time that yrd was tried in 1985 DNA technology was not capable of forensic analysis of biological evidence however; in 1997 a comparison was conducted of yrd's DNA with the bodily fluid in the rape kit that had been collected at the time of the incident resulting in yrd's exoneration for this crime. The importance of proper preservation of biological evidence is highlighted in this case and not only for the purpose of obtaining a conviction but also for the purpose of ensuring that the wrong individual is not charged, found guilty and sentenced to prison for a crime that they did not commit. VI. Most Common Applications of lood Evidence The work of George Schiro entitled: "Collection and Preservation of lood Evidence from Crime Scenes" states that prior to the documentation and collection of blood evidence the value of the evidence must be recognized by the crime…
Catalin, Marian; Andrei, Anghel, and Mitrasca, Oana (nd) Modern Methods of Collection and Preservation of Biological Evidence for Human Identification by DNA Analysis. Biochemistry Department, "Victor Babes" University of Medicine and Pharmacy from Timisoara. Online available at: http://www.oglethorpe.edu/faculty/~k_aufderheide/Forensic_Science/Web_Documents/Catalin_Andrei_Mitrasca.pdf
Jones, Cynthia E. (2005) Evidence Destroyed, Innocence Lost: The Preservation of Biological Evidence Under Innocence Protection Statues. The American Criminal Law Review. 1 Oct 2005. Online available at: http://www.allbusiness.com/legal/laws/1047368-1.html
Ladd, HC and Ladd, C. (2001) Preservation and Collection of Biological Evidence. Croat Med J. 2001 Jun;42(3):225-8. Online available at: http://www.ncbi.nlm.nih.gov/pubmed/11387627
Schiro, George (nd) Collection and Preservation of Blood Evidence From Crime Scenes. Louisiana State Police Crime Laboratory. Online available at: http://www.crime-scene-investigator.net/blood.html
Law Enforcement Policies and Procedures
Hot Pursuit Policy The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows. 1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…
Kenney, D.J. & McNamara, R.P. (1999). Police and policing: Contemporary issues. Westport,
CT: Praeger.
Ramsey, K. (2006, October 4). Sheriff candidates talk costs, staffing. Daily Herald (Arlington
Heights, IL), 1.
Criminal Justice
Criminal Law When can an actus reus be a failure? Actus reus generally involves three elements: (1) a voluntary act or failure to perform an act, (2) that causes,…
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution…
Research Paper
While Louie, Billy, and Smokey can all be charged with federal crimes in relation to the bank robbery, Billy can also be charged with the murdered of his estranged…
Criminal law is defined at both the state and federal level of American government. In the United States, "most crimes ...are established by local, state, and federal governments," with…
Criminal Law Every country regardless of its size and location has some form of criminal law existing. This law helps the country define punishable offenses and includes country's stand…
Business - Law
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the…
Criminal Law Justification Letter: Mr. Mayor: I would like to inform you of my opinion regarding the shooting incident that transpired at 2 a.m. involving Police Officer Jones. While…
Criminal Law Juvenile Homicide Cases: Florida v. Tate and Florida v. King In Florida v. Tate, the facts supported charging the defendant with murder as well as charging him…
Criminal Law Title and Citation The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (ermeil) Type of Action It is an affirmative action case…
Here, Y was 13 years old when she had intercourse with D, a 25-year-old man. D is guilty of statutory rape, thus D. is incorrect. The answer would only…
The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end. Chapter 10 refers to crimes against habitation, notably criminal acts…
Criminal Law Case Study Summarize the following cases: Edwards v. South Carolina, 372 U.S. 229 (1963) This case involved a protest where 187 blacks filed a petition. They divided…
Criminal Law Scenario 1: Is it considered homicide when a person who knows he or she has HIV deliberately and knowingly infects another person who then dies as a…
However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to…
Criminal Law The Elsa Daniels Case Should Elsa be exonerated due to her intent to return the money and her good motive? Intent to Return: In criminal law, a…
Criminal Law Edwards v. South Carolina, 372 U.S. 229 (1963) Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when…
Transportation
The question at hand however, involves whether the mailing is germane to the actual fraud scheme which was committed. On this point two issues arise, first was the mailing…
Criminal Law Chapter 11 (The Law of Torts) Factual Scenarios for Case Analyses During class on Wednesday, while showing a movie, Professor sees smoke and smells odor of marijuana…
Women's Issues - Abortion
" The complication of the protection of the fetus under common and criminal law was apparent; it is still unclear. New York, however, makes clear its position on fetal…
law that you believe has most strongly influenced modern criminal law. Explain the theory and the basis for your selection. From there, explain why an understanding of statutory law…
Criminal Law System The recurring issue within the Criminal Law system in our courts and judges is lack of funding. As much awareness of this issue, and as much…
Criminal Justice - Corrections
Part 1: Criminal Case Brief Name of case U.S. v. Madoff, 08-MAG-02735 It should be noted that Bernard Madoff’s scandal attracted several lawsuits. Some of the main cases include…
In “Morality Influences How People Apply the Ignorance of the Law Defense,” Alter, Kernochan, Darley, et al. (2007) present the findings of four empirical studies showing how the perceived…
Criminal Law In Minnesota, the criminal code for arson falls under damage or trespass to property. It is regarded as a serious crime incorporating damage to property and threats…
State v. Burrell 1. In the State of New Hampshire, Marc Burrell was convicted in a jury trial on the count of manslaughter. State v. Burrell refers to Burrell’s…
Identification of Community Assets: which potential assets in the community are important to consider and why? Based on the results of your secondary data analysis of the community, which…
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides…
Law - Corrections
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected…
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help…
To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However,…
Law - Theory
People v. Goetz (1986) 1. Give an overview of the case. The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young…
State v. Stark (1992) Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which…
Criminal Law Due Process Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair…
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer. And consideration is some…
Civil vs. Criminal Law Goals The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority…
Furthermore, in this game of "cat and mouse," the law enforcement officers being the cat, they have to think and act in the way that criminals do in order…
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the…
Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW The role of a security manager requires…
Legislation Disputes Advice on Handling Dismissals The Minimum Wage Working Time egulations WOKES AND EMPLOYMENT DISCIMINATION Gender and Sexual Orientation Discrimination Sexual Orientation Gender eassignment Discrimination on Grounds of…
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole…
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to…
The stigmatization of African-Americans has caused terrible harm in many areas, and only exacerbates the perceived "problem." T]hirty years of forced removal to prison of 150,000 young males from…
If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which…
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant…
Other modern-era lines of Supreme Court decisions regulate all major areas of law enforcement against citizens and provide national standards that require compliance in all 50 states. One could…
Whereas judicial decisions are more likely to concern substantive matters of law and definitions of legal concepts, legislative adjustments generally reflect social consensus, particularly over large spans of time.…
Another form of punishment is by restraint or incarceration. By keeping the person under state control, then the state can avert the person from committing another crime. On the…
Equal Protection: Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has…
This study indicates that introducing new policing methods can be extremely problematic, (at least in the CMP organization), and that it can lead to dissention in departments and even…
Criminal Justice Grade Course To be honest I tend to think that crime has been trending in the late night news since the early 90s to an extent that…
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts…
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated…
The goals are often jointly incompatible and must be prioritized. A very essential example is the prohibiting of illegally obtained facts. hen this is done, the objective of defending…
Capstone Project
Criminal Procedure Law This document outlines the proposed criminal justice system. Its aim is to prevent and control crime and criminal acts through punitive measures and penalties to those…
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders…
224). The strongest case in the criminal law annals for race-based affirmative action occurs in "drug possession offenses," Heffernan writes. The drug busts show "compelling evidence of discrimination against…
S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate…
Criminal Justice Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice. This journal article reports the…
At the time that yrd was tried in 1985 DNA technology was not capable of forensic analysis of biological evidence however; in 1997 a comparison was conducted of yrd's…
Hot Pursuit Policy The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs…
Introduction to Criminal Justice
John Jay College’s Introduction to the American Criminal Justice System class generally breaks down into three sections: policing, law, and the courts. It is the first course that students should take in the major. Ideally, it should be listed in the catalog and on CUNY First as a prerequisite for the other criminal justice courses offered at your college. Because it requires a good deal of writing, it is also recommended that ENG 101 and 102 are listed as prerequisites.
Below is a sample syllabus used by John Jay College instructors. You don’t have to use this. Indeed, you shouldn’t use this without adopting if to you and your college. But this can help you make your own syllabus, which should cover much of the same material.
Model Syllabus
INTRODUCTION TO THE AMERICAN CRIMINAL JUSTICE SYSTEM CJBS 101
COURSE DESCRIPTION: This course is an introductory survey of the American criminal justice system with a view to its social and institutional context and its structure and functioning. The course provides an overview of the foundations and components of the criminal justice system, including (substantive and procedural) criminal law, police, courts, and corrections. The main emphasis will be placed on the criminal justice process and how the various institutions of criminal justice interact. Key issues will be addressed as they arise at different stages of the process, such as the conflict between crime control and due process, and conflicts related to, for example, gender, class, and ethnicity.
LEARNING OBJECTIVES:
This course will describe from a historical and systematic perspective the institutions of the American criminal justice system and how they relate to each other. With sufficient study and regular attendance, students are expected to develop the following skills and knowledge base by the conclusion of the course.
- Students will develop analytical, ethical, and critical reasoning skills through writing assignments and participation in class discussions.
- Students will develop the ability to effectively locate information.
- Students will develop the ability to integrate and contrast information from different sources and to present this information in writing in a clear, coherent, and systematic way.
- Students will gain an understanding of the American criminal justice system with a view to its social and institutional context and its structure and functioning. This includes an understanding of the importance of issues of diversity embedded in the field of criminal justice.
- Students will gain an understanding of why societies punish certain behavior in the first place, how the law distinguishes between lawful and unlawful behavior, and what legal safeguards have been established in democratic societies against unfair and unreasonable punishment.
- Students will gain an understanding of how and why crimes are committed and what this means for individual victims and for society.
- Students will gain an understanding of the sequence of events that leads to the determination of guilt or innocence of an individual alleged to have committed a crime. Students will also learn about the various criminal justice institutions, including police, courts, and corrections, and how they interact at the various stages of the criminal justice process
- Students will gain an understanding of why and how offenders are punished, and what the individual and social consequences of punishment are.
COURSE REQUIREMENTS:
- Readings should be completed before each class.
- There will be two exams (a midterm take-home essay and a final in-class exam). The final exam is cumulative and includes all material covered in class.
- The midterm exam will be a take-home essay (800–1,200 words). The professor will provide four essay questions, from which you will choose one to answer. The midterm exam has to be returned on its due date. Late papers will be penalized five points per day late.
- One term paper (1,000–2,000 words) will be required, which will involve the use of several outside sources based on independent research as well as the course materials. The topic of the term paper is a criminal justice topic of the student’s choice, but should be agreed upon in advance with the professor. The professor is available for consultation during office hours or by appointment if a student would like some paper suggestions or to talk over potential topics. In addition, session 17 of the course will be devoted to helping students understand and meet the requirements of a term paper, bringing students up to speed with the expectations of a college term paper in the field of criminal justice while also building their skills to meet those expectations. As such, session 17, and parts of other sessions as needed, will cover such skills as writing a thesis statement, citations, and structuring the body of the paper to support a thesis statement. The paper should be turned in on its due date. Late papers will be penalized five points per day late.
- In addition to the two exams and the term paper, there will be 5–7 unannounced in-class quizzes to monitor student progress.
- All written assignments will be turned in using www.turnitin.com . This applies to the midterm take-home exam as well as the term paper. As you may already know, John Jay College subscribes to this online plagiarism prevention service. All students must submit both (a) a hard copy of their paper to the professor, AND (b) an electronic version to turnitin.com. The professor uses the turnitin.com software as proof that students have met the deadline. A student will not receive grade until he or she submits an electronic version of the assignment to turnitin.com. Assignments submitted to turnitin.com will be included in its restricted access database solely for the purpose of detecting plagiarism. Students may not submit an electronic version of a written assignment to Turnitin in advance of the due date to “test” the assignment’s originality. Students may not submit material for this course that has been or is being used for written assignments in other courses. Students need to log in as new users (upperright corner of the home page). Our class ID is xxxxxxxxx and our password is xxxxxxxx. The professor encourages students to log in at the beginning of the semester. The professor also uses the turnitin.com system to send class emails (for example, possible changes in the reading material).
- Other short assignments may be given, which will count towards the class participation grade.
- Students will be given extra-credit points for John Jay College–organized activities that they attend outside of class time. These activities (lectures, films, etc.) must be approved by the professor in order for students to receive extra credit, and students must write up a one-page summary after the event (see the form to use at the end of this syllabus). One point will be given for each event, and a total of five points may be earned.
ATTENDANCE: Regular attendance is important, since good performance on the exams requires knowledge of material presented in classes, which is not always fully covered in the course textbook. Hence, any absence is likely to affect grades. Missing more than four sessions will result in a reduced grade. Missing more than a third of the class (ten sessions or more) will result in a failing grade.
No makeup tests or exams will be given unless proper documentation for medical or other emergencies is produced.
CLASSROOM GUIDELINES: 1. Arrive on time. Late arrival is disruptive to the students and the professor. 2. Please remain in the classroom for the entire period. 3. Pay attention to the lecture or discussion going on in the classroom. Classroom activities are centered on teaching and learning. Any activity that does not contribute to these processes is not allowed. 4. Food may not be brought into or consumed in the classroom. 5. No cell phone calls or texting, unless you have an impending emergency (in which case, please set your ringer to vibrate).
Violating any of the above rules may result in a reduced grade.
THE CUNY POLICY ON ACADEMIC INTEGRITY : I. Academic dishonesty is prohibited at The City University of New York and is punishable by penalties, which may include failing grades, suspension, and expulsion. Cheating is the unauthorized use or attempted use of material, information, notes, study aids, devices, or communication during an academic exercise. The following are some examples of cheating, but by no means is the list exhaustive:
- Copying from another student during an examination or allowing another to copy your work.
- Unauthorized collaboration on a take-home assignment or examination.
- Using notes during a closed-book examination.
- Taking an examination for another student, or asking or allowing another student to take an examination for you.
- Changing a graded exam and returning it for more credit.
- Submitting substantial portions of the same paper to more than one course without receiving advance permission from each instructor to do so.
- Preparing answers or writing notes in a blue book (exam booklet) before an examination.
- Allowing others to research and write papers that have been assigned to you, or to do projects that have been assigned to you. This includes the use of commercial term paper services.
- Giving assistance to acts of academic misconduct / dishonesty.
- Fabricating data (all or in part).
- Submitting someone else’s work as your own.
- Unauthorized use during an examination of any electronic devices such as cell phones, computers, or other technologies to retrieve or send information.
II. Plagiarism is the act of presenting another person’s ideas, research, or writings as your own. Much research requires paraphrasing and summarizing the ideas or work of others, but when you do so, you should identify the original author and source in a way that the reader can verify that this person actually presented the ideas in question.
The following are some examples of plagiarism, but by no means is the list exhaustive:
- Copying another person’s actual words without the use of quotation marks and without attributing the words to their source.
- Presenting another person’s ideas or theories in your own words without acknowledging the source.
- Using information that is not common knowledge without acknowledging the source.
- Failing to acknowledge collaborators on homework and laboratory assignments.
- Internet plagiarism includes submitting downloaded term papers or parts of term papers, paraphrasing or copying information from the internet without citing the source, and “cutting and pasting” from various sources without proper attribution.
GRADING: Final grades will be determined as follows: Midterm exam (take-home exam) 30% Final exam (in-class exam) 30% Term paper 30% Participation, quizzes 10% Absence for five or more sessions will result in a lower grade. Absence for ten or more sessions will result in a failing grade.
Grade Scale 93.0–100.0 = A 90.0–92.9 = A- 87.1–89.9 = B+ 83.0–87 = B 80.0–82.9 = B- 77.1–79.9 = C+ 73.0–77.9 = C 70.0–72.9 = C - 67.1–69.9 = D+ 63.0–67.0 = D 60.0–62.9 = D - below 60 = F
Regoli, R.M., & Hewitt, J.D. (2008). Exploring criminal justice. Sudbury, MA: Jones and Bartlett.
COURSE OUTLINE:
After the first two sessions, which focus on writing, the course is divided into three parts: Criminal Law, Crime, the Criminal Justice Process, and Punishment and Alternatives to Punishment.
Session 1: Course introduction: The structure and process of criminal justice in the U.S. -- Writing diagnostic given (due in one week) The writing diagnostic is a short (500 words) writing assignment that will not be graded. It gives the professor a basis for assessing the analytical and writing skills of students at the onset of the course and provides an opportunity for giving individualized feedback on how to overcome existing weaknesses in writing an academic paper.
Session 2: Literature search and APA style workshop Required reading: Clarke, R.V. & Schultze, P.A. (2005). Researching a problem. Washington, D.C.: U.S. Department of Justice. Available online at: http://www.popcenter.org/tools/pdfs/ResearchingProblem.pdf
PART I: CRIMINAL LAW
This part of the course introduces students to the historical origins and function of criminal law in society. It also provides an understanding of key concepts of criminal law and how these concepts define criminal behavior and the criminal justice process. Students will gain an understanding of why societies punish certain behavior in the first place, how the law distinguishes between lawful and unlawful behavior, and what legal safeguards have been established in democratic societies against unfair and unreasonable punishment.
Session 3: Criminal Law 1 (Historical Origins and Purpose of Criminal Law)
-- Writing diagnostic due
Required reading: Textbook: Chapter 2, pp. 30–37
Session 4: Criminal Law 2 (Key Concepts of Criminal Law: Elements of Crime, Responsibility)
Required reading : Textbook: Chapter 2, pp. 37–50
Session 5: Criminal Law 3 (Criminal Procedure and the Constitutional Framework: Due Process)
Required reading : Textbook: Chapter 2, pp. 50–58, and Appendix
PART II: CRIME
This part of the course introduces students to the nature and extent of crime in American society. Particular emphasis is placed on issues of gender and ethnicity with regard to offending and victimization. The starting point is the assumption that crime is the result of motivated offenders exploiting opportunities. Following an examination of the mechanics of criminal behavior, common classifications of crime and the main theories of crime causation will be reviewed. Students will gain an understanding of how and why crimes are committed, and what this means for individual victims and for society.
Session 6: Crime 1 (Offenders and Opportunities)
Required reading : Lamm-Weisel, D. (2007). Bank robbery . Washington, D.C.: U.S. Department of Justice. Available online at: http://www.popcenter.org/problems/pdfs/bank_robbery.pdf
Session 7: Crime 2 (Classifications and Measurement of Crimes, Offenders and Victims) Required reading : Textbook: Chapter 3Additional source material http://www.fbi.gov/ucr/ucr.htm http://bjs.ojp.usdoj.gov/index.cfm?ty=dcdetail&iid=245
Session 8: Crime 3 (Theories of Crime: Individual-Level Explanations) Required reading : Textbook: Chapter 3
Session 9: Crime 4 (Theories of Crime: Societal-Level Explanations) Required reading : Textbook: Chapter 4
Session 10: How to Write a Criminal Justice Essay -- Midterm essay questions handed out (choose one topic and answer in 800–1,200 words; deadline: one week)
Required reading : http://www1.aucegypt.edu/academic/writers/home.htm
PART III: THE PROCESS OF CRIMINAL JUSTICE
This part of the course introduces students to the criminal justice process. Students will gain an understanding of the sequence of events that leads to the determination of guilt or innocence of an individual alleged to have committed a crime. Students will also learn about the various criminal justice institutions, including police, courts, and corrections and how they interact at the various stages of the criminal justice process.
Session 11: Overview of Criminal Justice Institutions
Required reading : Textbook: Chapters 1, 5
Session 12: Overview of the Criminal Justice Process -- Midterm exam is due
Required reading : Textbook: Chapter 1
Session 13: Investigative Phase 1 (Investigation and Evidence Collection, Discretion, Biases in Reporting, Detecting and Investigating Crimes)
Required reading: Textbook: Chapters 6, 7
Session 14: Investigative Phase 2 (Court-approved measures – electronic surveillance, arrest)
Required reading : Textbook: Chapter 11
Session 15: The Public Prosecutor
Required reading: Textbook: Chapters 9, 10
Session 16: The Defense Attorney
Required reading : Textbook: Chapters 9, 10
Session 17: How to Write a Criminal Justice Research Paper
Required reading : Writing Center (John Jay) http://web.jjay.cuny.edu/~writing/resources.htm The Writing Center @ University of Wisconsin – Madison http://www.wisc.edu/writing/Handbook/PlanResearchPaper.html
Session 18: Pre-Trial Proceedings 1 (Grand Jury, Preliminary Hearing, Arraignment, Bail, Plea Bargaining) Required reading : Textbook: Chapter 10
Session 19: Pre-Trial Proceedings 2 (Pre-Trial Motions, Right to Speedy Trial, Jury Selection, Bench Trial vs. Jury Trial)
Session 20: Trial 1 (The Roles of Prosecutor, Defense Counsel and Judge, Trial Strategies, Courtroom Workgroup,) Required reading : Textbook: Chapter 11
Session 21: Trial 2 (Presentation of Evidence, Reliability of Evidence – especially witness testimony, Expert Testimony) Required reading: Textbook: Chapter 11
Session 22: Trial 3 (Verdict, Sentencing Process, Appeal) Required reading : Textbook: Chapters 11, 12
PART IV: PUNISHMENT/ALTERNATIVES TO PUNISHMENT This part of the course will introduce students to the different philosophies and forms of punishment, as well as alternatives to punishment. Special emphasis will be placed on issues of age, gender, and ethnicity. Students will gain an understanding of why and how offenders are punished, and what the individual and social consequences of punishment are.
Session 23: Types of Sentences (Determinate/Indeterminate, Mandatory, Concurrent vs. Consecutive, etc., Disparities in Sentencing), Philosophies and Forms of Punishment (Overview)
Required reading : Textbook: Chapters 12, 13
Session 24: Custodial Sentences, Death Penalty
Required reading : Textbook: Chapters 12, 13, 14
Session 25: Non-Custodial Sentences, Community-Based Corrections, Restorative Justice
Required reading : Textbook: Chapter 15
Session 26: The Juvenile Justice System
Required reading : Textbook: Chapter 16
Session 27: Catch-Uup Day, Review for Final Exam
Session 28: Final Exam -- Final paper due ( www.turnitin.com )
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Lessons by Subject Outline - Criminal Law
- This Subject Outline allows you to search for terms of art that correspond to topics you are studying to find related CALI Lessons.
- The Criminal Law Index lists all CALI lessons covering Criminal Law.
Subject Outline
- Punishment: Theories (CRIM11)
- Retribution
- Incapacitation
- Rehabilitation
- Sources of Criminal Law (CRIM14)
- Branches of government
- Levels of government
- Model Penal Code
- Constitutional Limitations: Legality (CRIM09)
- Legislativity
- Retroactivity
- Constitutional Limitations: 8th Amendment (CRIM08)
- Proportionality
- Status Offenses
- Presumption of Innocence (Burden of Proof and Presumptions) (CRIM10)
- Production vs. persuasion
- Presumptions
- Actus Reus (CRIM15)
- Voluntariness
- Omissions (CRIM34)
- The Mens Rea of Purpose (CRIM04)
- The Mens Rea of Knowledge (CRIM07)
- The Mens Rea of Recklessness (CRIM05)
- The Mens Rea of Negligence (CRIM06)
- Strict Liability
- Minimum Culpability Requirements Under the Model Penal Code (CRIM22)
- Ambiguous Culpability Requirements (CRIM23)
- Mistake Under the Model Penal Code: Mistake as to Elements of Offenses (CRIM24)
- Mistake Under the Model Penal Code: Mistake as to Defenses (CRIM30)
- Mistake as to the Law Defining the Offense (CRIM25)
- Transferred
- Mistake of Fact
- Mistake of Law
- Causation (CRIM16)
- Factual vs. legal cause
- Different victim
- Different manner
- Different injury
- Concurrence (CRIM26)
- Justification Defenses: Excuse Defenses Distinguished (CRIM18)
- Necessity; Choice of Evils
- Crime Prevention
- Excuses I: Duress, Entrapment, Mistake (CRIM12)
- Excuses II: Insanity and Infancy (CRIM13)
- Diminished Capacity
- Intoxication
- Self-Defense (CRIM17)
- Battered Woman's Syndrome (CRIM19)
- Defense of Others (CRIM21)
- Defense of Property (mechanical devices)
- Duty to Retreat (CRIM20)
- Law Enforcement
- Consent (CRIM32)
- The Mens Rea of Attempts (CRIM27)
- Accomplice Liability - Mens Rea (CRIM36)
- Accomplice Liability - Actus Reus Requirement (CRIM28)
- Preparation vs. Attempt
- Impossibility
- Abandonment & Renunciation
- Suspendatur! (CRIM03)
- Bilateral vs. Unilateral
- Multiple Objectives
- Chain vs. Wheel Conspiracies
- Complicity Distinguished
- Wharton Rule
- Types of Principal
- Types of Accessory
- Accomplice Liability - Definitional Issues (CRIM35)
- Voluntary vs. involuntary
- Heat of passion
- Imperfect justification
- Recklessness or negligence
- Misdemeanor
- Abandonment
- Introduction to Homicide (CRIM33)
- Homicide (Causation) (CRIM42)
- Homicide (Causation - Part II) (CRIM44)
- Homicide (Defining Death and Life) (CRIM40)
- Year and a Day
- Express Malice Defined
- Implied Malice Defined
- Homicide (Murder) (CRIM37)
- Premeditation & Deliberation
- Other Formulations
- Capital Murder
- Voluntary Manslaughter
- Imperfect Self-Defense
- Model Penal Code (EED)
- Mental State
- Nature of Risk
- Involuntary Manslaughter
- Manslaughter
- Negligent Homicide
- Felony Murder
- Enumerated Felonies
- Inherently Dangerous
- Independent Felonious Purpose (Merger Rule)
- Course and Scope
- Agency Rule
- Proximate Cause
- Misdemeanor Manslaughter
- Pre-indictment & Charge (CRIM01)
- Plea & Discovery (CRIM02)
- Force & Fear
- Elements 8.3.2 Model Penal Code
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A felony means serious crime. In the US, the federal government describes a felony as a crime, and as punishment of felony refers to death or imprisonment for more than one year.
A misdemeanor is a criminal offense that is not as serious as a felony but more serious than an infraction. Misdemeanors are usually carrying a punishment of a fine and push into a local county prison.
According to UK law, the crime commonly denotes delinquency which is committed through physical injury or power being used on another person. They are generally analyzed by the division of two categories such as fatal offenses and sexual offenses.
The property crime is related to robbery, thieving, burglary, motor vehicle theft, firebombing, stealing, and vandalism. It is a crime to acquire assets, cash, or some other profit. This may occur with force or threatening of force, in cases like burglary or blackmail.
This kind of crime occurs when a person takes cash or assets, or utilizes them in an illegal manner, with the intention to gain a profit from it. These crimes naturally include some form of dishonesty, the misuse of a trusted position, which differentiates them from common shoplifting or burglary.
This kind of crime states the use and misuse of drugs and alcohol, both legally and illegally, psychological and physiological effects, social phenomena, and a current connection between gang activity and drugs, and also organized crime. The Certain drug-related crime involves the crime against the individual such as burglary or sexual attacks.
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- LW397 International Criminal Law Assignment Example Maynooth University Ireland Ireland
LW397 International Criminal Law Assignment Example Maynooth University Ireland
In this module, we’ll explore the field of international criminal law. We will study the history of international criminal responsibility and analyze how it has developed over time. In particular, it focuses on how the international community has reacted to atrocity crimes in terms of prosecution and sentencing. We’ll specifically focus on international prosecutions since the Nuremberg Trials in 1945. We’ll also look at the development of ad hoc and hybrid tribunals and courts. And finally, we’ll explore the creation and practice of the ICC.
The international crimes of genocide, crimes against humanity, and war are all analyzed in this module. These specific types of atrocities will be discussed with a focus on modes of liability and sentencing for each crime committed under these categories. This module provides an in-depth understanding of the legal framework for atrocity crimes. It includes academic commentary and practice based on tribunal cases and judgments.
Get Assignment Solutions of LW397: International Criminal Law
On successful completion of the module, students should be able to:
Assignment Activity 1: Critically analyze the history and development of international criminal law
International criminal law is a relatively recent phenomenon in the history of international relations. The dominant paradigm for understanding these legal concepts, which are applied to acts committed by individuals and governments alike across national boundaries with varying degrees of severity depending on individual circumstances, started developing after World War II when large-scale atrocities began occurring at unprecedented scales around the world as populations were growing exponentially while technologies advanced rapidly alongside it all.
The first successful attempt at holding individuals criminally responsible for their actions on an international scale was the trial of the major Nazi war criminals at Nuremberg, Germany 1945-1946. This prosecution set several important precedents, including the development of international criminal law as its field, and the establishment of principles such as individual criminal responsibility, the legality of the war, and the prohibition of genocide.
Since then, international criminal law has continued to develop, with several important treaties and conventions being ratified, and various tribunals and courts being established to try those accused of atrocity crimes.
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Assignment Activity 2: Assess the nature and scope of atrocity crimes
Atrocity crimes are typically defined as serious violations of international humanitarian law, which include genocide, crimes against humanity, and war crimes. However, the definition of what specifically constitutes an atrocity crime can vary depending on the context and the specific legal framework being used.
- Genocide is the most severe of all atrocity crimes and is defined as the intentional commission of certain acts with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
- Crimes against humanity are also grave violations of international humanitarian law, but they can be committed without any specific genocidal intent. They generally include offenses such as murder, torture, rape, and enslavement.
- War crimes are similar to crimes against humanity but are specifically committed during times of armed conflict. They can include things like murder, torture, pillage, and rape.
Assignment Activity 3: Evaluate the successes and failures of the international criminal law project, concerning jurisprudence and academic commentary
The history of international criminal law has been fraught with both successes and failures. The prosecutions at Nuremberg were a major success, establishing several important precedents and setting the stage for future development of the field. However, subsequent attempts to try individuals accused of atrocity crimes have met with more mixed results.
Some of the tribunals established in the wake of World War II, such as the International Military Tribunal at Nuremberg and the Tokyo Trials, were fairly successful in bringing those responsible for atrocity crimes to justice. However, other tribunals, such as the ICTY and the ICTR, have been criticized for their numerous flaws, such as lack of fairness and due process, political interference, and corruption.
More recently, the establishment of the International Criminal Court has been seen as a major success for international criminal law. However, the Court has also faced criticism over its various shortcomings, such as its limited jurisdiction and lack of enforcement power.
Overall, the successes and failures of international criminal law have been the subject of much debate and commentary among academics and jurists. While there have been some notable successes, there have also been several significant failures that need to be addressed to make international criminal law more effective.
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Assignment Activity 4: Appreciate how international crimes can be prosecuted domestically
While the primary focus of international criminal law is on prosecuting crimes that are committed on an international scale, it is also possible for these crimes to be prosecuted domestically. In some cases, a country will have its domestic criminal code that covers atrocity crimes, and in other cases, the relevant provisions of international humanitarian law will be incorporated into the national criminal code.
Prosecutions for atrocity crimes can be complex and often require cooperation between different national authorities. However, domestic prosecutions can be an important way of ensuring that those responsible for atrocity crimes are held accountable for their actions.
Assignment Activity 5: Apply the international criminal law framework to theoretical scenarios, as well as real-life situations
The international criminal law framework can be applied to a variety of theoretical scenarios, as well as real-life situations. For example, imagine that a group of armed rebels takes over a small town in Ireland and begins massacring the local population. This could be considered an atrocity crime, and the rebels could be prosecuted under the relevant provisions of international criminal law.
Alternatively, imagine that there is a genocide taking place in Rwanda and Irish soldiers are deployed to help with the humanitarian relief effort. If they witness any crimes being committed, they would be obliged to report them to their superiors and could potentially be involved in subsequent prosecutions.
Finally, consider the case of Charles Taylor, who was convicted by the Special Court for Sierra Leone of several atrocity crimes, including crimes against humanity and war crimes. This case provides a good example of how the international criminal law framework can be applied in a real-life situation.
Assignment Activity 6: Demonstrate an appreciation of challenges to the international criminal law framework
The international criminal law framework is not without its challenges. One of the biggest challenges is the fact that it is often difficult to get those responsible for atrocity crimes to be held accountable. This can be due to a variety of factors, such as lack of jurisdiction, political interference, and corruption.
Another challenge is the fact that the international criminal law framework is constantly evolving. This makes it difficult to achieve consensus on how best to deal with atrocity crimes, and it also means that the law is not always able to keep up with changing realities on the ground.
Finally, one of the biggest challenges facing international criminal law is its lack of enforcement power. This means that there is no mechanism for ensuring that those who are convicted by international tribunals serve their sentences. The international criminal law framework has been criticized for being more concerned with establishing guilt than punishing those deemed to be guilty of an atrocity crime.
Assignment Activity 7: Develop clear, rationale, and well supported legal arguments in respect of atrocity crimes, concerning legal provisions, jurisprudence, and academic commentary
Atrocity crimes are among the most heinous offenses that can be committed. They often involve grave violations of human rights and can have a devastating impact on communities and individuals.
The international criminal law framework is designed to deal with such offenses. It provides a mechanism for prosecuting those responsible for atrocity crimes, regardless of where they are located.
The international criminal law framework is based on several key legal provisions, such as the UN Charter, the Geneva Conventions, and the Rome Statute. These provisions provide a clear and concise set of rules for dealing with atrocity crimes.
In addition, the international criminal law framework is supported by a wealth of jurisprudence and commentary. This provides a further measure of coherency and consistency, as well as valuable insights into the practicalities of bringing those responsible for atrocity crimes to justice.
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- Library Catalog
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California Legal Research
- Legal Encyclopedia/Treatise Approach
The Legal Encyclopedia/Treatise Approach
- The Annotated Code Approach
- The Digest Approach
- California Case Reporters
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- Locating California legislative documents
- Using the Witkins Treatises
- California Internet Resources
- Bill texts, reports, and studies
- Electronic/Online Resources
- Law reviews
- Session Laws and Codes
Use this approach when you're starting your search with just a legal concept or a few legal terms, but no citations.
What is a legal encyclopedia?
A legal encyclopedia provides researchers with a fairly broad overview of a legal subject. Legal encyclopedias are very similar to the general encyclopedias that you encountered when you were younger, such as Encyclopedia Brittanica . They are arranged alphabetically by legal topic, and each legal topic is discussed in a section that includes citations to related legal materials on your topic.
California 's legal encyclopedia is called California Jurisprudence, 3d (abbreviated " Cal Jur 3d "), and it's published by the West Group. There are over 70 volumes in the set, and it's arranged alphabetically by legal topic. To help you find relevant sections, Cal Jur 3d has a subject index, a table of cases, and a table of statutes. The volumes are updated with both supplemental paperback volumes (usually shelved to the immediate right of the volume that they supplement) and pocket parts (located inside the back of each volume). You can find Cal Jur 3d in Mabie's California Collection on the library's first floor (Call Number = KFC80 C29).
How do I use California Jurisprudence 3d?
- First, brainstorm some useful search terms for your topic. For example, if you know that you need to find cases and statutes about the creation of easements in California, you probably want to start your search with the term "easement."
- Find the subject index (called the "General Index") and look for your topic. The General Index is a multi-volume paperback set, which you can find at the end of Cal Jur 3d 's bound volumes. Entries are in bold, capital letters. If you're unable to find an entry for your term, try to look up synonyms for that term. Sometimes, the index will help you by directing you to a different entry with a "See" reference. For example, if you try to look up the term "Civil Procedure Rules," you'll find this reference in the index:
Civil procedure rules, See index heading FEDERAL RULES OF CIVIL PROCEDURE
This entry directs you to look up "Federal Rules of Civil Procedure" instead of "Civil Procedure Rules" to find relevant articles.
When you find a promising entry, you'll see citations to Cal Jur 3d articles and sections underneath the entry as well as topic subdivisions.
- References to relevant case law;
- References to California statutes and regulations;
- West Topic and Key Number references (discussed in more detail below under "The Digest Approach");
- Other references to practice guides, American Law Reports (ALR) annotations, and other sources.
What if I want to find useful Cal. Jur. 3d articles online?
Westlaw's California Jurisprudence database (CAJUR) contains the full text of Cal Jur 3d . You can review the table of contents for every Cal Jur 3d article, by clicking on the "Table of Contents" link at the top right of the CAJUR search screen. If you need help, just ask a librarian.
What is a treatise?
Treatises are books that analyze and explain particular areas of the law. Treatises can consist of a single volume, but some treatises have multiple volumes. They're useful as a starting point for legal research because they contain an in-depth explanation of a legal topic as well as numerous citations to case law, statutes, law review articles, and other relevant sources. Generally, treatises contain more detailed discussions of legal topics than legal encyclopedias.
Witkin Treatises
For more information on Witkin Treatises check out the research guide, How to Use Witkin Treatises .
Bernard Witkin's original one-volume treatise on California law has grown into a 32-volume set, consisting of these four titles:
- Summary of California Law (10th edition): Arranged by major legal topics, such as torts, real property, constitutional law, corporations, and trusts. (Call Number = KFC80 W5)
- California Procedure (4th edition): Arranged to reflect the progress of a civil lawsuit, the first volumes discuss jurisdiction and other preliminary pre-trial matters, and later volumes discuss topics such as trials, judgments, and appeals. You'll also find information about the practice of law, including topics such as attorney ethics, discipline, and the attorney-client relationship. (Call Number = KFC995 W53)
- California Evidence (4th edition): Covers both civil and criminal evidence topics, including discovery, hearsay, burden of proof, and scientific evidence. (Call Number = KFC1030 W5)
- California Criminal Law (3d edition): Covers substantive crimes, defenses, and criminal procedure topics, such as arrests and pretrial proceedings. (Call Number = KFC1100 W57)
You can find all four Witkin sets in Mabie's California Collection on the library's first floor. You won't find all four sets on the same shelf, so be sure to check the call number for each set or ask a librarian for assistance in locating the set you need.
How do I use Witkin treatises?
Find the subject index and look for your terms. There is a combined subject index that covers all of the contents of the four titles listed above. This combined index is a paperback volume found at the end of Witkin's Summary of California Law.
When you find a promising entry, you'll see references to the volume, Witkin title, chapter, and section number that you need. For example, an entry might appear like this:
3 Criminal Law , Punishment, §445
To find this item, you would look for Volume 3 of Witkin's Criminal Law, then find Section 445 in the chapter called "Punishment" within that volume. As with Cal Jur 3d , be sure to check the paperback supplement or pocket part for your volume to find out if your section has been updated since that volume was published!
What if I want to use Witkin's sets online?
WITKIN: All four sets in one database.
WITKIN: All four sets in one file
What are some other secondary resources that I might use to research my topic?
You can also use California Forms of Pleading and Practice (Call Number = KFC1010.A65C3).
This 56-volume set, published by Matthew Bender & Co., is both a treatise and a practice guide. It functions as a treatise because it provides thorough discussions of all California civil practice areas, including torts, business and commercial matters, real estate, public administrative law, and family law. Additionally, the set serves as a practice guide by providing forms and sample documents that attorneys can use to prepare documents for their clients.
How do I use California Forms of Pleading and Practice?
You'll find the two-volume subject index at the end of the set. Locate your topic search terms in the index, noting "see" references and heading subdivisions. When you find a relevant heading, note that it will list either chapter and page or chapter and section references. Chapters contain a synopsis, a scope note, legal background information, a research guide, and forms. You'll see citations to legal authority on that topic in the legal background and the research guide sections.
You can also find California Forms of Pleading and Practice on LexisNexis. The name of the LexisNexis file is CAFPAP.
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Welcome to Criminal Law! This first class assignment has four parts. After parts B, C, and D, you should answer the questions provided below and submit your responses to the Assignment link for Class 1, at my D2L course site no later than 9:00 pm, Monday, August 30. The Assignment link will be available at D2L, starting Thursday, August 26.
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Chapter 1: Introduction to Criminal Law Chapter 2: The Legal System in the United States Chapter 3: Constitutional Protections Chapter 4: The Elements of a Crime Chapter 5: Criminal Defenses, Part 1 Chapter 6: Criminal Defenses, Part 2 Chapter 7: Parties to Crime Chapter 8: Inchoate Offenses Chapter 9: Criminal Homicide
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The next more serious offence is that committed by Tom against Edward and is: assault occasioning actual bodily harm under s.47 of the ''Offences against the Person Act 1861", ''whosoever shall be convicted on indictment of any assault occasioning actual bodily harm shall be liable… to imprisonment for any term not exceeding five years".
For example even though the Model Penal Code is followed by all states to shape their criminal law, the local version of law in one state is quite different from the same in another. This means that no two states in the country has similar criminal law. Criminal statutes… REFERENCES Jerome Hall. General Principles of Criminal Law. Bobbs-Merrill.
John Jay College's Introduction to the American Criminal Justice System class generally breaks down into three sections: policing, law, and the courts. It is the first course that students should take in the major. Ideally, it should be listed in the catalog and on CUNY First as a prerequisite for the other criminal justice courses offered at ...
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The Criminal Law Index lists all CALI lessons covering Criminal Law. Subject Outline. Overview Punishment Theories Punishment: Theories (CRIM11) Retribution; Deterrence; Incapacitation; Rehabilitation; Sources of Criminal Law Sources of Criminal Law (CRIM14) Branches of government; Levels of government; Model Penal Code; Constitutional Limits ...
Our criminal law assignment writers deliver help on several numbers of laws that care for the suspect from the misuse and outwitting of the law enforcement officers. The suspect has the right to be signified by either a lawyer according to their selection or if they cannot have enough money for that, the court-appointed lawyer will represent ...
Criminal Law Outline 9/22/15 9:30 PM General Principles o Common Law ! Criminal Statues ! Legislation o Legislators, today, rather than judges exercise primary responsibility for defining criminal conduct and for devising the rules of criminal responsibility. • Deals with crimes prior to their commission, punishment is imposed by other agencies.
Get Assignment Solutions of LW397: International Criminal Law. In this course, there are many types of assignments given to students like a learner record, work experience diary, personal reflection, skills demonstration, structure report writing, presentation, and other solutions given by us. On successful completion of the module, students ...
For example, if you know that you need to find cases and statutes about the creation of easements in California, you probably want to start your search with the term "easement." ... California Criminal Law (3d edition): Covers substantive crimes, defenses, and criminal procedure topics, such as arrests and pretrial proceedings. (Call Number ...