لایب سان

Ebook details:
عنوان: Amazon.com
نویسنده: Criminal Law and Procedure
ناشر: SAGE Publications, Inc; First edition (January 22, 2019)
زبان: English
شابک: 1544327501, 978-1544327501
حجم: 13 Mb
فرمت: Epub + Converted pdf

Preface Acknowledgments About the Author PART I • THE BASICS: HOW THE LAW WORKS CHAPTER 1 • Introduction to the Law Learning Objectives Sources of Criminal Law Law Is Written to Be Stable but Is Interpreted to Be Flexible American Legal History Judicial Review The Bill of Rights Interpreting the U.S. Constitution The Sources of Law How to Read Statutes and Case Briefs The Geography of Legal Cases Due Process Objectively Reasonable The Reasonable Man Totality of the Circumstances Good Faith Error Quantum of Evidence Required at Various Stages of the Trial Process The Actors in the Criminal Justice System The Victim The Offender ➡ United States v. Brewer, 978 F.Supp.2d 710 (W.D. Tex. 2013) Specialty Courts Defense Counsel The Judge ➡ Applying the Law to the Facts: Should the Judge Recuse (Remove) Himself? The Prosecutor Law Enforcement Protecting Citizens and Criminal Justice Professionals Government Actions Performed Under the “Color of Law” The §1983 Claim Immunity for Criminal Justice Professionals in §1983 Claims ➡ District of Columbia v. Wesby, 138 S.Ct. 577 (2018) Federalism and States’ Rights Federal Preemption of State Law The Tenth Amendment and States’ Rights ➡ Murphy v. National Collegiate Athletic Association, 584 U.S. ___ (2018) Federal Jurisdiction and the Commerce Clause ➡ Gonzales v. Raich, 125 S.Ct. 2195 (2005) Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 2 • THE CRIMINAL TRIAL PROCESS Learning Objectives ➡ Chapter-Opening Case Study: United States v. Dzhokhar Tsarnaev Pretrial Identification Procedures Eyewitness Identification Photo Arrays, Line-Ups, and Show-Ups The Line-Up and Right to Counsel The Adversary System Prosecutorial Discretion and the Death-Penalty Decision Discovery ➡ Applying the Law to the Facts: Is It a Brady Violation? The Arrest and Charging Process The Grand Jury Bail and the Preliminary Hearing Speedy Trial Pretrial Motions ➡ United States of America v. Dzhokhar Tsarnaev, No. 13-cr-10200-GAO Venue Plea Bargaining Types of Pleas The Plea Colloquy Trial The Presumption of Innocence and the Burden of Proof The Criminal Trial Sequence Jury Selection Voir Dire ➡ Applying the Law to the Facts: Improper Use of Peremptory Challenges? Opening Statements The Presentation of Evidence Direct and Circumstantial Evidence Physical Evidence Testimonial Evidence ➡ Applying the Law to the Facts: Does Terrorist Radicalization Expert Testimony Meet the Daubert Standard? Demonstrative Evidence Hearsay and the Defendant’s Confession Closing Arguments The Jury Charge Conference Jury Instructions Deliberations and the Verdict How a Case Gets to the U.s. Supreme Court Federal or Federal Constitutional Issue Required Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 3 • CRIMINAL LAW BASICS Learning Objectives ➡ Chapter-Opening Case Study: Hurricane Michael, October 2018 ➡ Mens Rea: The Guilty Mind Mens Rea and the Model Penal Code Purposely Knowingly Recklessly Negligently Laws That Criminalize Behavior and Identify More Than One Mens Rea State Intent Specific and General Intent ➡ Elonis v. United States, 135 S.Ct. 2001 (2015) The Scienter Requirement Strict Liability Transferred Intent Element Analysis Principle of Legality ➡ Actus Reus: The Guilty Act Actus Reus Must Be Voluntary The Duty to Act and Liability for Acts by Omission Good Samaritan Laws Possession as an Act Status as an Act Causation Causation Analysis ➡ New Jersey v. Pelham, 824 A.2d 1082 (N.J. 2003) Parties to Crime Principals and Accessories Inchoate Crimes Solicitation Conspiracy Limitations on Parties to Conspiracy Attempt ➡ Applying the Law to the Facts: Is It Preparation or Criminal Attempt? ➡ Indiana v. Haines, 545 N.E.2d 834 (1989) The Defense of Impossibility ➡ Applying the Law to the Facts: Guilty of Attempted Murder? Summary Key Terms and Phrases Problem-Solving Exercises PART II • THE CRIMES: CRIMINAL LAW ELEMENTS CHAPTER 4 • CRIMES AGAINST THE PERSON Learning Objectives  ➡ Chapter-Opening Case Study: Ben, Jerry, and Kathy Go on a Crime Spree Crimes Against the Person Assault and Battery Aggravated Assault and Battery Terroristic Threats Kidnapping and False Imprisonment ➡ Applying the Law to the Facts: Is It Kidnapping or False Imprisonment? ➡ United States v. Lussier, 844 F.3d 1019 (8th Cir. 2017) Parental Kidnapping AMBER Alert Stalking Cyberstalking and Cyberbullying ➡ People v. Marquan M., 19 N.E.3d 480 (N.Y. 2014) Laws Against “Revenge Porn” Hate Crimes Sex Offenses Rape Sexual Assault and College Campus Disciplinary Proceedings Rape Shield Laws Statutory Rape Child Sex Abuse Deviate Sexual Conduct Juveniles and “Sexting” Offenses Homicide First- and Second-Degree Murder Manslaughter Heat of Passion ➡ People v. Viramontes, 20 N.E.3d 25 (2014) Felony Murder Robbery ➡ State v. Williams, 95 A.3d 721 (2014) Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 5 • CRIMES AGAINST PROPERTY Learning Objectives ➡ Chapter-Opening Case Study: The Family Toy Company Theft Crimes Larceny ➡ New York v. Alamo, 315 N.E.2d 446 (1974) False Pretenses ➡ Applying the Law to the Facts: Voluntary Transfer of Money or False Pretenses? Embezzlement Forgery and Passing Bad Checks Counterfeiting Receiving Stolen Property Extortion ➡ Applying the Law to the Facts: Is It Extortion? Financial Cybercrime The Dark Web, Cryptocurrency, and the Market for Illicit Goods Identity Theft ➡ Applying the Law to the Facts: Is It Identity Theft? ➡ EarthLink, Inc. v. Carmack, 2003 U.S. Dist. LEXIS 9963 (N.D. Ga. May 7, 2003) Consolidated Theft Statutes White-Collar Crime Mail and Wire Fraud ➡ United States v. Weaver, 860 F.3d 90 (2017) Prosecuting Public Corruption With Mail and Wire Fraud Statutes Money Laundering Racketeer Influenced and Corrupt Organizations (RICO) Act The Statute Burglary ➡ Murphy v. State, 108 So.3d 531 (2012) ➡ Applying the Law to the Facts: Is It Burglary? Arson Criminal Mischief Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 6 • CRIMES AGAINST THE PUBLIC Learning Objectives ➡ Chapter-Opening Case Study: Don Is Looking for an Easy Way Out Crimes Against the Public Gambling Prostitution Human Trafficking Drug and Alcohol Offenses Illegal Drugs ➡ United States v. Ulbricht, 858 F.3d 71 (2nd Cir. 2017) Alcohol Offenses Firearm Offenses ➡ Applying the Law to the Facts: Does the Second Amendment Trump Federal or State Gun Regulations? Breach of the Peace Vagrancy and Panhandling Disorderly Conduct and Riot Gangs Crimes That Interfere With Government Services Bribery ➡ Applying the Law to the Facts: Is It Bribery? Obstruction of Justice, Perjury, and False Statements Environmental Crimes Computer Crimes Computer Fraud Crimes ➡ Applying the Law to the Facts: Is a Cell Phone a “Computer” as Defined by Federal Law? Nonfinancial Cybercrime Social Media and Personal Victimization Malware and Disruption of Public Services Terrorism The USA PATRIOT Act The PATRIOT Act at Work Aiding and Abetting the Islamic State of Iraq and the Levant (ISIL) ➡ United States v. Bell, 81 F.Supp.3d 1301 (M.D. FL 2015) Detention of Terror Suspects Treason Sedition Summary Key Terms and Phrases Problem-Solving Exercises PART III • THE PROCEDURE: THE BILL OF RIGHTS CHAPTER 7 • THE FOURTH AMENDMENT AND WARRANTS Learning Objectives ➡ Chapter-Opening Case Study: Charlie the Spy The Fourth Amendment How to Analyze the Fourth Amendment The Expectation of Privacy ➡ Katz v. United States, 389 U.S. 347 (1967) The Fourth Amendment and Modern Technology ➡ Riley v. California, 134 S.Ct. 2473 (2014) ➡ Applying the Law to the Facts: Reasonable Expectation of Privacy in a Car’s Black Box? Seizures of the Person The Terry Stop Duration of a Terry Stop Requests for Identification Terry Stops of Automobiles The Intersection of the Terry Stop and the Suspect’s Race The Arrest The Arrest as a Fourth Amendment Seizure Arrest Warrants The Warrant Requirement The Procedure to Obtain a Warrant Probable Cause Sources of Probable Cause Supported by Oath or Affirmation The Neutral and Detached Magistrate The Particularity Requirement The Service of the Warrant Knock and Announce Requirement Securing the Scene ➡ Applying the Law to the Facts: Is the Detention While Executing a Warrant Lawful? The Return Scope of the Search Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 8 • EXCEPTIONS TO THE WARRANT REQUIREMENT Learning Objectives ➡ Chapter-Opening Case Study: Activity at the Apartment Complex Warrantless Searches and Seizures Consent Submission to Authority Is Not Consent Consent to Search Given by a Co-Occupant No Consent Required to Search Those on Probation or Parole Search Incident to an Arrest (SITA) Automobile Searches Probable Cause to Search Vehicle Vehicle Search Incident to an Arrest Inventory Search ➡ Applying the Law to the Facts: Is the Search Legal? Warrantless Search of Closed Containers Dog Sniffs Common Enterprise Driving Checkpoints Protective Sweep ➡ Maryland v. Buie, 494 U.S. 325 (1990) Plain View/Open Fields Plain Feel ➡ Minnesota v. Dickerson, 508 U.S. 366 (1993) Hot Pursuit Exigent Circumstances ➡ Applying the Law to the Facts: When Can the Government Collect DNA? Special Needs Searches Drug Testing in Schools Drug Testing of Government Employees ➡ Applying the Law to the Facts: Reasonable Search on School Grounds? Airports/Subways/Buses Border Searches ➡ United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013) The Exclusionary Rule and the Good Faith Exception Mistakes About the Law Supporting an Arrest Mistakes in Whether Probable Cause Exists to Arrest Mistakes in Computer Databases Leading to an Arrest Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 9 • THE FIFTH AMENDMENT AND CONFESSIONS Learning Objectives ➡ Chapter-Opening Case Study: The Story of Al and Mike The Evolution of Miranda Warnings Interrogation Techniques Voluntariness The Inbau and Reid Nine Steps of Interrogation The Miranda Decision ➡ Miranda v. Arizona, 384 U.S. 436 (1966) The Miranda Warnings and When to Advise ➡ Florida v. Powell, 559 U.S. 50 (2010) Custody ➡ Howes v. Field, 565 U.S. 499 (2012) Interrogation Juveniles and Miranda Trickery and Deceit in Interrogations Invoking the Rights Pursuant to Miranda Invoking the Right to Remain Silent Reinterrogation After Invoking the Right to Remain Silent Reinterrogation After Invoking the Right to a Lawyer Invoking the Right to Have Counsel Present During Questioning Waiving the Rights Pursuant to Miranda ➡ Applying the Law to the Facts: Can Police Conduct Negate a Miranda Waiver? ➡ Missouri v. Seibert, 542 U.S. 600 (2004) Exceptions to the Giving of Miranda Warnings When Miranda is Violated Physical Evidence Remains Admissible ➡ United States v. Patane, 542 U.S. 630 (2004) Inevitable Discovery Independent Source Collateral Uses of Excluded Evidence Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 10 • THE SIXTH AMENDMENT: COUNSEL AND TRIAL RIGHTS Learning Objectives ➡ Chapter-Opening Case Study: Gary Needs a Lawyer The Sixth Amendment as Due Process Protection The Sixth Amendment Protects All Other Rights Associated With Fair and Equitable Justice The Constitutional Requirements to the Assistance of Counsel at Trial ➡ Powell v. Alabama, 287 U.S. 45 (1932) Government Appointment of Counsel Invoking the Right to Counsel The Sixth Amendment Prevents “Deliberate Elicitation” of Incriminating Statements Invoking and Waiving the Right to Counsel ➡ Montejo v. Louisiana, 556 U.S. 778 (2009) The Criminal Case Venue ➡ Missouri v. Baumruk, 85 S.W.3d 644 (2002) ➡ Applying the Law to the Facts: Should the Venue Be Changed? The Right to Control the Criminal Case The Right to Self-Represent at Trial The Right to Assert Innocence at Trial ➡ McCoy v. Louisiana, 584 U.S. ___ (2018) Ineffective Assistance of Counsel The Sixth Amendment’s Confrontation Clause The Right to Appointed Counsel on Appeal Summary Key Terms and Phrases Problem-Solving Exercises PART IV • THE PERSONAL: OFFENDER-SPECIFIC PUNISHMENT CHAPTER 11 • THE FIRST AMENDMENT AND CRIMINAL LAW Learning Objectives ➡ Chapter-Opening Case Study: “Unite the Right” Rally, Charlottesville, Virginia, August 11–12, 2017 Protected Speech How to Analyze the First Amendment Content-Based Regulation of Speech ➡ United States v. Alvarez, 132 S.Ct. 2537 (2012) Time, Manner, and Place Restrictions Vagueness Expressive Conduct Flag Desecration Cross Burning ➡ Virginia v. Black, 538 U.S. 343 (2003) Unprotected Speech Fighting Words Clear and Present Danger Obscenity Overbroad Doctrine ➡ Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) ➡ Applying the Law to the Facts: Is the Law Overbroad? Post-Ashcroft Developments to Regulate Child Pornography Special First Amendment Issues Juveniles, Schools, and Free Speech ➡ Applying the Law to the Facts: Can a Student Who Is Not on School Grounds Be Suspended for Posting on Social Media a Rap Song Deemed Offensive? Student Codes of Conduct and Free Speech Prisoners Public Employees Freedom of Association Freedom of Religion Establishment Clause Exercise Clause ➡ Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 12 • DEFENSES Learning Objectives ➡ Chapter-Opening Case Study: The Public Policy Reasons to Recognize Defenses How Defenses Are Raised The Public Policy Reasons to Recognize Defenses Burden of Production and Persuasion Alibi Statute of Limitations Competency Forcible Medication to Restore Competency Defenses Based on Excuse Consent Mistake Infancy Intoxication Duress ➡ Applying the Law to the Facts: When May a Defendant Make a Successful Duress Defense? Diminished Capacity M’Naghten Test for Insanity Durham Rule ALI Substantial Capacity Test Guilty but Mentally Ill Irresistible Impulse Intellectual Disability ➡ Moore v. Texas, 137 S.Ct. 1039 (2017) Not Guilty by Reason of Mental Defect Defenses Based on Justification Necessity Self-Defense Defense of Others Imperfect Self-Defense Battered Woman Syndrome ➡ Pennsylvania v. Stonehouse, 555 A.2d 772 (1989) Entrapment ➡ State v. Laing, 182 So.3d 812 (2016) Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 13 • SENTENCING AND APPEALS Learning Objectives ➡ Chapter-Opening Case Study: Risk Assessment and Sentencing Sentencing Process Cruel and Unusual Punishment ➡ Harmelin v. Michigan, 501 U.S. 957 (1991) Presentence Investigation The Sentencing Hearing Types of Sentences Sentence Should Reflect Offender’s Culpability Determinate and Indeterminate Sentences Federal Sentencing Guidelines Enhancing a Sentence Mandatory Minimum Sentences Suspended Sentences ➡ Applying the Law to the Facts: Can an Offender Make Mistakes While on Probation? Three-Strikes Laws Megan’s Laws Juveniles and Sentencing ➡ Miller v. Alabama, 567 U.S. 460 (2012) Expungement of Sentences, Pardons, and Executive Clemency The Death Penalty Death Qualification of the Jury Bifurcated Sentencing Procedure New Evidence of Innocence and Exonerations Competency to Be Executed ➡ Applying the Law to the Facts: Can the State Force a Defendant to Become Competent to Be Executed? The Execution Process The Appellate Process Motion for a New Trial and First Appeal Writ of Habeas Corpus Standard for Granting Habeas Review Habeas Corpus and Actual Innocence ➡ Applying the Law to the Facts: Should Habeas Corpus Review Be Granted? Summary Key Terms and Phrases Problem-Solving Exercises Appendix A: The Constitution of the United States of America Appendix B: Selected Excerpts From the Model Penal Code Glossary Notes Case Index Subject Index

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