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E-raamat: Criminal Law: Historical, Ethical, and Moral Foundations 3rd edition [Taylor & Francis e-raamat]

(John Jay College of Criminal Justice, New York, USA)
  • Formaat: 660 pages, 68 Line drawings, black and white; 46 Halftones, black and white; 114 Illustrations, black and white
  • Ilmumisaeg: 30-Dec-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003284178
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  • Taylor & Francis e-raamat
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Criminal Law: Historical, Ethical, and Moral Foundations 3rd editionSuurem pilt
  • Formaat: 660 pages, 68 Line drawings, black and white; 46 Halftones, black and white; 114 Illustrations, black and white
  • Ilmumisaeg: 30-Dec-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003284178
Teised raamatud teemal:
Taylor & Francis e-raamatudRohkem infot Taylor & Francis e-raamatute kohta
Raamatu kodulehekülg: https://www.taylorfrancis.com/books/9781003284178
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed. This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings.

Grounded in the Model Penal Code, making the text national in scope, this volume examines:















Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system





How crimes are described in the modern criminal justice model





The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor)





Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide





Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes





Sexual assault, rape, necrophilia, incest, and child molestation





Property offenses, such as larceny/theft, bribery, forgery, and embezzlement





Crimes against the home, including burglary, trespassing, arson, and vandalism





The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve. Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
Preface xiii
Acknowledgments xix
1 The Foundation and Heritage of Criminal Law
1(31)
Introduction: The Idea of Criminal Law
1(2)
The Need for Tradition and Foundation
3(1)
Criminal Law and the Common Law
4(4)
A Survey of Legal Tradition
8(11)
The Ancient Idea of Law and Crime
8(2)
Early Medieval Legal Thought
10(2)
Legal Thought in the Later Middle Ages
12(2)
The Turning Point toward Our Modern System
14(1)
Aquinas and the Hierarchy of Law
14(5)
The Enlightenment to Colonial Period
19(13)
Thomas Hobbes
19(2)
John Locke
21(2)
Jeremy Bentham
23(1)
John Stuart Mill
24(8)
2 Definitions of Crime
32(59)
Defining Crime
33(13)
Crime as a Moral and Religious Judgment
36(2)
Crime as Deviance and Aberration
38(6)
Crime as Severity and Grade
44(2)
Classification of Offenses
46(10)
Treason
46(4)
Felonies
50(3)
Misdemeanors
53(1)
Summary/Petty Offenses
54(2)
Parties to Crimes
56(6)
Principals
57(1)
Accessories
58(4)
Vicarious Liability
62(10)
Imputing Criminality to Corporate Action
72(19)
3 Actus Reus and Mens Rea
91(54)
Idea and Mental State in Criminal Culpability
91(16)
The Nature of a Criminal Act
92(2)
Actus Reus: Voluntariness and Free Choice
94(6)
Actus Reus: Commission versus Omission
100(7)
Defining Mens Rea
107(12)
Delaware Code
111(1)
Missouri Revised Statutes
111(8)
Types of Mens Rea
119(11)
Specific Intent
119(7)
General Intent
126(1)
Strict Liability
127(3)
Mens Rea and the Degrees of Knowledge
130(15)
Mens Rea with Purpose
131(1)
Mens Rea with Knowledge
131(5)
Mens Rea with Recklessness
136(1)
Mens Rea and Negligence
136(9)
4 Crimes against the Person: Homicide
145(68)
Introduction: The Nature of Homicide
145(5)
Murder in the First Degree
150(10)
Murder in the Second Degree
160(2)
Manslaughter
162(11)
Provocation as Mitigator
170(3)
Felony Murder Rule
173(14)
Qualifying Felonies
174(1)
Any Victim
175(2)
Any Perpetrator
177(4)
The Dilemma of Dual Intents
181(6)
Negligent Homicide (Involuntary Manslaughter)
187(4)
Suicide
191(9)
Abortion
200(13)
5 Crimes against the Person: Assault and Other Offenses
213(59)
Introduction: Personal Offenses that Inflict Harm
214(1)
Robbery
215(11)
The Taking
216(6)
Force
222(4)
Kidnapping and Related Offenses
226(9)
The Nature of Movement
230(1)
The Nature of Force
231(4)
False Imprisonment
235(1)
Custodial Interference
236(5)
Crimes Involving Bodily Injury
241(8)
Assault
243(1)
Simple Assault
244(3)
Aggravated Assault
247(1)
Mayhem
248(1)
Harassment
249(5)
Other Bodily Offenses
254(18)
Protection from Abuse/Domestic Abuse
256(1)
Hate Crimes
257(8)
Terroristic Threats
265(7)
6 Sexual Offenses against the Person
272(78)
Introduction: Sexual Offenses against the Person
212(62)
Rape
274(24)
The Nature of Force
274(2)
The Nature of Consent
276(3)
The Nature of Resistance
279(3)
The Nature of Sexual Penetration
282(1)
The Nature of the Marital Exemption and Its Ongoing Challenge
283(1)
The Nature of Gender in Sexual Offenses
284(1)
The Nature of the Victim's Character
285(13)
Statutory Rape
298(4)
Sodomy/Involuntary Deviate Sexual Intercourse
302(16)
Necrophilia
318(1)
Sexual Transmission of HIV or COVID-19 Virus
319(2)
Incest
321(4)
Aligned Offenses Involving children
325(25)
Failure to Protect Child from Abuse
326(3)
Child Molestation
329(21)
7 Crimes against Property
350(62)
Introduction: Offenses against Property
350(1)
Theft
351(14)
The Taking
353(2)
Asportation
355(3)
The Property
358(6)
Without License or Privilege
364(1)
Special Statutory Designs in the Law of Theft
365(10)
Theft of Services
366(1)
Retail Theft
367(4)
Auto Theft
371(2)
Theft by Receiving Stolen Property
373(2)
Theft by Extortion or Intimidation
375(3)
Theft by Unauthorized Disposition (Embezzlement)
378(2)
Theft by Deception (Fraud)
380(6)
Theft by Forgery
386(10)
The Writing
388(6)
Alteration, Modification, or Change to a Writing
394(1)
Specific Intent to Defraud
395(1)
Bribery
396(16)
Benefit for Favor
400(1)
Commercial Bribery
400(12)
8 Crimes against Habitation
412(43)
Introduction
412(1)
Burglary
413(16)
The Breaking and Entry
414(3)
Breaking
417(2)
Entry
419(2)
Time of Day
421(1)
Domicile or Other Qualified Structure
422(1)
The Intents of Burglary
422(7)
Criminal Trespass
429(6)
Entry
430(1)
Intent as to License or Privilege
431(1)
Qualified Structure/Place or Land
432(3)
Arson
435(13)
Motive and Intent
436(1)
The Nature of Fire
437(8)
The Meaning of "Structure"
445(3)
Criminal Mischief
448(1)
Vandalism
449(6)
9 Offenses Contrary to the Public Morality
455(79)
Introduction: The Intersection of Law and Morality
455(2)
Prostitution
457(7)
Drugs and Controlled Substances
464(18)
Legalization as Solution
480(1)
Special Response: Drug Courts
481(1)
Bigamy and Polygamy
482(8)
Obscenity
490(21)
The Nature of Obscenity
491(8)
The Value and Quality of the Expression
499(2)
Community Standard of Obscenity
501(10)
Driving Under the Influence/Driving While Intoxicated
511(23)
Proof of DUI/DWI
516(5)
Elements of the Offense
521(13)
10 Inchoate Offenses
534(1)
Introduction: The Nature of an Inchoate Offense
534(1)
Solicitation
535(2)
Criminal Attempts
537(1)
Type of Intent
537(1)
Overt or Substantial Step
538(6)
Capacity and Impossibility
544(1)
Conspiracy
545(2)
The Agreement
547(3)
The Overt Act
550(2)
Special Case: Racketeer Influenced and Corrupt Organizations Act (RICO)
552(8)
11 Criminal Defenses
560(67)
Introduction: Defending Criminal Actions
561(2)
Criminal Defenses: Defense of Self and Property
563(14)
Self-Defense/Defense of Others
566(9)
Defense of Others
575(1)
Defense of Property
575(2)
Legal Insanity
577(13)
Three Tests of Insanity
581(6)
Guilty But Mentally Ill
587(3)
Entrapment
590(5)
Coercion/Duress
595(5)
Mistake/Ignorance of Law
600(4)
Mistake/Ignorance of Fact
604(5)
Consent
609(18)
Implied Consent
619(8)
Appendix A 627(7)
Appendix B 634(7)
Index 641
Charles P. Nemeth has spent the vast majority of his professional life in the study and practice of law and justice. He is a recognized expert on professional ethics and the justice system, private-sector justice, and jurisprudence. Presently, Dr. Nemeth is professor and Director of the Criminal Justice Programand Director of the Center for Criminal Justice, Law, and Ethicsat Franciscan University of Steubenville. Prior to this, he was chair and professor of the Security, Fire, and Emergency Management Program and Director of the Center of Private Security and Safety at John Jay College in New York City, where he has been named professor emeritus. He is a prolific writer, having published numerous texts and articles on law and justice throughout his impressive career. His text, Private Security and the Law, 5th Edition (CRC Press, 2018) is considered the foremost treatise on the subject matter. His private security expertise is further buttressed by: Private Security and Investigative Process, 4th Edition (CRC Press, 2019); Private Security: Principles and Practice, 2nd Edition (CRC Press, 2022), and Criminal Law, 3rd Edition (Routledge, 2022). In the area of Homeland Security, he has published Introduction to Homeland Security: Practices and Principles, 4th Edition (CRC Press, 2021). He has also served as Chief Editor to a peer-reviewed journal "The Homeland Security Review" and presently serves as editor to a new production "Natural Law and Justice." Dr. Nemeth has been an educator for more than 45 years. He holds memberships in the New York, North Carolina, and Pennsylvania Bars.
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