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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.
Dec 17, 2015 · Criminal Law. [Author removed at request of original publisher] Download this book. Welcome to Criminal Law, your guide to a fascinating yet challenging topic. This engaging and interactive textbook will enhance your ability to be successful in academics or a career in criminal justice.
15+ Criminal Law Books for Free! [PDF] by InfoBooks. If your topic of interest is criminal law, we offer you the best initial guide to help you get your bearings. We have selected Criminal Law books in PDF format, publicly distributed and free for you to download to your electronic device.
Criminal Law begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the Constitution, and the Model
- 7MB
- 607
- Introduction to Criminal Law
- LEARNING OBJECTIVE
- KEY TAKEAWAY
- Review the example in Section 1.2.1 "Example of Criminal Law Issues". Assume that
- KEY TAKEAWAY
- Parties in Civil Litigation
- Goal of Civil Litigation
- Example of Respondeat Superior
- Harm Requirement
- Goal of a Criminal Prosecution
- Examples of Victimless and Harmless Crimes
- Johnny Cochran Video
- KEY TAKEAWAYS
- Felonies
- Misdemeanors
- Felony-Misdemeanors
- KEY TAKEAWAYS
- KEY TAKEAWAYS
- LEARNING OBJECTIVES
- Constitutional Law
- Example of Government and Private Action
- Exceptions to the Constitution
- Statutory Law’s Inferiority
- Case Law
- Rules of Stare Decisis and Use of Precedent
- Chapter 2 "The Legal System in the United States". Last, but still vital to the case
- KEY TAKEAWAYS
- Summary
- Articles of Interest
- From Section 1.1 "Introduction"
- From Section 1.2 "Criminal Law and Criminal Procedure"
- From Section 1.3 "The Difference between Civil and Criminal Law"
- From Section 1.4 "Classification of Crimes"
- Answers to Law and Ethics Questions
- Answers to You Be the Lawyer
Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject him to punishment but also of the severity of the penalty that a State may impose. - BMW of North America, Inc. v. Gore, cited in Section 1 "Damages" Source: Image courtesy of Tara Storm.
1. Define a crime. This textbook introduces you to our legal system in the United States, the basic elements of a crime, the specific elements of commonly encountered crimes, and most criminal defenses. Criminal law always involves the government and government action, so you will also review the pertinent sections of the United States Constitution...
• A crime is an act committed in violation of a law prohibiting it or omitted in violation of a law ordering it. In general, the criminal law must be enacted before the crime is committed.
Linda and Clara attempt to leave the store and an alarm is activated. Linda begins sprinting down the street. Colin, a police officer, just happens to be driving by with the window of his patrol car open. He hears the store alarm, sees Linda running, and begins shooting at Linda from the car. Linda is shot in the leg and collapses. Linda is treated...
• Criminal law generally defines the rights and obligations of individuals in society. Criminal procedure generally concerns the enforcement of individuals’ rights during the criminal process.
In civil litigation, an injured party sues to receive a court-ordered remedy, such as money, property, or some sort of performance. Anyone who is injured—an individual, corporation, or other business entity—can sue civilly. In a civil litigation matter, the injured party that is suing is called the plaintiff7. A plaintiff must hire and pay for an a...
The goal of civil litigation is to compensate the plaintiff for any injuries and to put the plaintiff back in the position that person held before the injury occurred. This goal produces interesting results. It occasionally creates liability or an obligation to pay when there is no fault on behalf of the defendant. The goal is to make the plaintiff...
Chris begins the first day at his new job as a cashier at a local McDonald’s restaurant. Chris attempts to multitask and pour hot coffee while simultaneously handing out change. He loses his grip on the coffee pot and spills steaming-hot coffee on his customer Geoff’s hand. In this case, Geoff can sue McDonald’s and Chris if he sustains injuries. M...
The goal of civil litigation is to compensate the plaintiff for injuries, so the plaintiff must be a bona fide victim that can prove harm. If there is no evidence of harm, the plaintiff has no basis for the civil litigation matter. An example would be when a defendant rear-ends a plaintiff in an automobile accident without causing damage to the veh...
Another substantial difference between civil litigation and criminal prosecution is the goal. Recall that the goal of civil litigation is to compensate the plaintiff for injuries. In contrast, the goal of a criminal prosecution is to punish the defendant. 17. The attorney representing the state government in a state criminal prosecution. 18. A gove...
Steven is angry because his friend Bob broke his skateboard. Steven gets his gun, which has a silencer on it, and puts it in the glove compartment of his car. He then begins driving to Bob’s house. While Steven is driving, he exceeds the speed limit on three different occasions. Steven arrives at Bob’s house and then he hides in the bushes by the m...
Johnny Cochran: If the Gloves Don’t Fit... This video presents defense attorney Johnny Cochran’s closing argument in the O. J. Simpson criminal prosecution: (click to see video)
Civil law regulates the private rights of individuals. Criminal law regulates individuals’ conduct to protect the public. Civil litigation is a legal action between individuals to resolve a civil dispute. Criminal prosecution is when the government prosecutes a defendant to punish illegal conduct.
Felonies are the most serious crimes. They are either supported by a heinous intent, like the intent to kill, or accompanied by an extremely serious result, such as loss of life, grievous injury, or destruction of property. Felonies are serious, so they are graded the highest, and all sentencing options are available. Depending on the jurisdiction ...
Misdemeanors are less serious than felonies, either because the intent requirement is of a lower level or because the result is less extreme. Misdemeanors are usually punishable by jail27 time of one year or less per misdemeanor, a fine, or alternative sentencing like probation, rehabilitation, or community service. Note that incarceration for a mi...
Felony-misdemeanors are crimes that the government can prosecute and punish as either a felony or a misdemeanor, depending on the particular circumstances accompanying the offense. The discretion whether to prosecute the crime as a felony or misdemeanor usually belongs to the judge, but in some instances the prosecutor can make the decision.
Grading is based on the severity of punishment. Malum in se crimes are evil in their nature, like murder. Malum prohibitum crimes are regulatory, like a failure to pay income taxes. Felonies are graded the highest. Punishment options for felonies include the following: ◦ Execution ◦ Prison time ◦ Fines ◦ Alternative sentencing such as probation, re...
Specific deterrence prevents crime by frightening an individual defendant with punishment. General deterrence prevents crime by frightening the public with the punishment of an individual defendant. Incapacitation prevents crime by removing a defendant from society. Rehabilitation prevents crime by altering a defendant’s behavior. Retribution preve...
Identify the three sources of law. Rank the three sources of law, from highest to lowest. Ascertain the purpose of the US and state constitutions. Ascertain one purpose of statutory law. Ascertain the purpose of case law. Define judicial review. Diagram and explain the components of a case brief. Law comes from three places, which are referred to a...
The first source of law is constitutional law. Two constitutions are applicable in every state: the federal or US Constitution, which is in force throughout the United States of America, and the state’s constitution. The US Constitution created our legal system, as is discussed in Chapter 2 "The Legal System in the United States". States’ constitut...
Cora stands on a public sidewalk and criticizes President Obama’s health-care plan. Although other individuals may be annoyed by Cora’s words, the government cannot arrest or criminally prosecute Cora for her speech because the First Amendment of the US Constitution guarantees each individual the right to speak freely. On the other hand, if Cora wa...
The federal and state constitutions are both written with words that can be subject to more than one interpretation. Thus there are many exceptions to any constitution’s protections. Constitutional protections and exceptions are discussed in detail in Chapter 3 "Constitutional Protections". For safety and security reasons, we see more exceptions to...
Statutory law is inferior to constitutional law, which means that a statute cannot conflict with or attempt to supersede constitutional rights. If a conflict exists between constitutional and statutory law, the courts must resolve the conflict. Courts can invalidate unconstitutional statutes pursuant to their power of judicial review, which is disc...
The third source of law is case law. When judges rule on the facts of a particular case, they create case law. Federal case law comes from federal courts, and state case law comes from state courts. Case law has its origins in English common law.
Case precedent is generally an appeal rather than a trial. There is often more than one level of appeal, so some appeals come from higher courts than others. This book discusses the court system, including the appellate courts, in Chapter 2 "The Legal System in the United States". Many complex rules govern the use of precedent. Lawyers primarily us...
brief, is the rationale. The rationale discusses the reasoning of the judges when ruling on the case. Rationales can set policy, which is not technically case law but can still be used as precedent in certain instances. One judge writes the judicial opinion. Judges vote how to rule, and not all cases are supported by a unanimous ruling. Occasionall...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
In this case, the plaintiffs are seeking an injunction. The plaintiffs are not the government; they are a group of fish. They are not suing for the goal of punishment, but rather to compel the president of the United States and the secretary of defense to review the use of certain naval equipment. Thus this is a civil litigation matter and you shou...
Criminal Law (Book 1) - Free download as PDF File (.pdf), Text File (.txt) or read online for free. 2012 by Regalado
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Jun 6, 2023 · Introduction to criminal law -- Constitutional limitations on the definition and punishment of criminal offenses -- General principles of criminal liability -- Complicity and vicarious liability -- Criminal defenses -- Crimes against persons -- Crimes against property and habitation -- Inchoate crimes and derivative crime.
