CHAPTER 1 THE PROVINCE AND LIMITS OF THE CRIMINAL LAW
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1.01 THE DECISION TO CRIMINALIZE Commonwealth v. Jones (880 S.W.2d 544) Comments and Questions D.P. v. State (705 So. 2) Comments and Questions Problem State v. Mortimer (142 N.C. App. 321) Comments and Questions David A.J. Richards, The Concept of the Public Morality and the Criminal Law Lawrence v. Texas (539 U.S. 558) Comments and Questions 1.02 THE DECISION TO PUNISH Regina v. Jones (115 Can. Crim. Cases 273) Comments and Questions Regina v. Dudley & Stephens (14 Q.B. 273) Comments and Questions Kant, The Metaphysical Elements of Justice pp. 100–01 United States v. Bergman (416 F. Supp. 496) Comments United States v. Jackson (835 F.2d 1195) Comments and Questions Posner, Optimal Sentence for White-Collar Criminals Richards, Human Rights and the Moral Foundation of the Substantive Criminal Law Bibliographical Note Jones v. City of Los Angeles (444 F.3d 1118) Comment 1.03 MAKING CONDUCT CRIMINAL [A] The Sources of the Criminal Law [1] Common Law Perkins, The Common Law State v. Palendrano (120 N.J. Super. 336) Comments Weishaupt v. Commonwealth (227 Va. 389) Comment [2] Statutes United States v. Reid (206 F. Supp. 2)
Comments and Questions Problems Morissette v. United States (342 U.S. 246) Comments and Questions Johnson v. State (602 So. 2) Comments and Questions Problem People v. Turner (249 Ill. App. 3) Comments and Questions [B] Constitutional Limitations [1] Free Expression People v. Barton (8 N.Y.3d 70) Potts v. United States (919 A.2d 1127) Comment and Questions [2] Equal Protection Lawrence v. Texas (539 U.S. 558) [3] Due Process Kolender v. Lawson (461 U.S. 352) Comment State v. Miranda (260 Conn. 93)
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CHAPTER 2 THE ACT REQUIREMENT
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2.01 INTRODUCTION Actus Reus: of Acts and Omissions 2.02 THE VOLUNTARY ACT Kilbride v. Lake Comments and Questions State v. Hinkle (200 W. Va. 280) Comments and Questions 2.03 ACT OF OMISSION Commonwealth v. Pestinikas (421 Pa. Super. 371) Comment People v. Campbell (124 Mich. App. 333) Questions 2.04 POSSESSION People v. Valot (33 Mich. App. 49) Comments and Questions Commonwealth v. Buckley (354 Mass. 508) Problems 3.01 INTRODUCTION Bridgman, Determinism and Punishment Model Penal Code Commentary [A] Purposefulness State v. Smith (262 N.J. Super. 487) Comment
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CHAPTER 3 THE MENTAL STATE
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People v. Hood (1 Cal. 3) United States v. Tobin (480 F.3d 53) Problem [B] Knowledge Fabritz v. Traurig (583 F.2d 697) Questions United States v. International Minerals & Chemical Corp. (402 U.S. 558) State v. Suddith (379 Md. 425) United States v. Bailey (444 U.S. 394) Comment [C] Recklessness Commonwealth v. Welansky (316 Mass. 383) Comment State v. Cushman (133 Vt. 121) Commonwealth v. Huggins (575 Pa. 395) Comment Jones v. Commonwealth (636 S.E.2d 403) [D] Negligence People v. Howk (56 Cal. 2) State v. Goff (297 Or. 635) 3.02 MISTAKE Model Penal Code Commentary [A] Of Fact United States v. Short (4 C.M.A. 437) Problem [B] Of Law United States v. Mancuso (420 F.2d 556) United States v. Clegg (846 F.2d 1221) Commonwealth v. Twitchell (416 Mass. 114) Ratzlaf v. United States (510 U.S. 135) 3.03 STRICT LIABILITY Staples v. United States (511 U.S. 600) State v. Miller (309 Or. 362) Comments 3.04 VICARIOUS LIABILITY Comment Davis v. Peachtree City (251 Ga. 219) State v. Zeta Chi Fraternity (142 N.H. 16) Comments
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CHAPTER 4 PARTIES TO CRIMES
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4.01 THE OLD Standefer v. United States (447 U.S. 10) Questions and Comments 4.02 THE NEW
[A] The State of Mind [1] The Proof Problem State v. Gladstone (78 Wash. 2) Questions and Comments [2] Facilitation Commonwealth v. Feinberg (433 Pa. 558) Questions and Comments [B] What is Enough Aid? [1] The Proof Problem United States v. Garguilo (310 F.2d 249) Questions and Comments [2] Words Alone United States v. Kelley (769 F.2d 215) Questions and Comments [C] The Scope of Responsibility People v. Poplar (20 Mich. App. 132) Questions and Comments [D] No Criminal Responsibility [1] Withdrawal State v. Thomas (140 N.J. Super. 429) Questions and Comments [2] Exceptions Regina v. Tyrell (17 Cox Crim. Cas. 716) Questions and Comments [E] After the Fact Assistance People v. Duty (269 Cal. App. 2) Questions and Comments
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CHAPTER 5 PRINCIPAL OFFENSES
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5.01 THEFT OFFENSES [A] Larceny [1] Trespass Topolewski v. State (130 Wis. 244) Fletcher, The Metamorphosis of Larceny Comment Hufstetler v. State (37 Ala. App. 71) Comments and Questions [2] Taking Thompson v. State (94 Ala. 535) Comment People v. Olivo (52 N.Y.2d 309) People v. Rivera (141 Ill. 2) Question [3] Asportation Caruso v. State (205 Tenn. 211) Comments and Questions People v. Lopez (31 Cal. 4)
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Comments [4] Personal Property People v. Ashworth (220 A.D. 498) Comments and Questions Lund v. Commonwealth (217 Va. 688) Comments and Questions Regina v. Stewart (50 DLR. 4) Comments and Questions United States v. Farraj (142 F. Supp. 2) Questions [5] Of Another State v. Cohen (196 Minn. 39) Comments and Questions The Disputed Claim [6] Intent to Deprive Permanently State v. Boisvert (236 A.2d 419) Comment Chadwell v. State (37 Ark. App. 9) State v. Mcgraw (480 N.E.2d 552) Comment and Question People v. Tufunga (21 Cal. 4) Comment [B] False Pretenses Brown v. Commonwealth (656 S.W.2d 727) Question Problems State v. Clermont (9 Or. App. 141) Comments and Questions People v. Whight (36 Cal. App. 4) [C] Federal Fraud United States v. Siegel (717 F.2d 9) Comments and Questions Carpenter v. United States (484 U.S. 19) Comments and Questions Problem [D] Embezzlement Briggs v. State (3 Tenn. Crim. App. 471) Comments Batin v. State (118 Nev. 61) Questions Problem State v. Lough (899 A.2d 468) 5.02 ROBBERY State v. Sein (124 N.J. 209) Comments 5.03 EXTORTION
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Rendelman v. State (175 Md. App. 422) Comments and Questions State v. Greenspan (92 N.C. App. 563) 5.04 BURGLARY 5.05 SEX OFFENSES [A] Rape [1] Context State in Interest of M.T.S. (129 N.J. 422) Comments [2] By Force People v. Iniguez (7 Cal. 4) Comments Commonwealth v. Berkowitz (537 Pa. 143) In the Interest of M.T.S. (29 N.J. 422) Comments and Questions People v. Thompson (72 N.Y.2d 410) Comments and Questions [3] By Coercion and Fraud Commonwealth v. Caracciola (409 Mass. 648) Comments and Questions State v. Bolsinger (709 N.W.2d 560) Comments and Questions Problem [4] Consent and Mistake Commonwealth v. Lopez (433 Mass. 722) Commonwealth v. Fischer (721 A.2d 1111) Comments and Questions [5] Post Penetration Rape State v. Robinson (496 A.2d 1067) State v. Bunyard (281 Kan. 392) Comments [B] Statutory Rape Ledbetter v. State (184 Tenn. 396) Comments People v. Hernandez (61 Cal. 2) Comments Garrison v. Elo (156 F. Supp. 2) [C] Prostitution Commonwealth v. Dodge (287 Pa. Super. 148) Comments and Questions State v. Kittilstad (231 Wis. 2) Problem 5.06 HOMICIDE [A] The Killing of a Human Being State v. Fierro (124 Ariz. 182) Questions and Comments
Washington v. Glucksberg (521 U.S. 702) Vacco v. Quill (521 U.S. 793) Questions and Comments Keeler v. Superior Court (2 Cal. 3) Questions and Comments [B] Murder [1] Malice Aforethought [a] Intent to Kill State v. Myers (7 N.J. 465) Notes and Questions [b] Intent to Inflict Great Bodily Harm State v. Thompson (578 So. 2) Questions and Comments People v. Geiger (10 Mich. App. 339) Questions and Comments [c] Abandoned and Malignant (or Depraved) Heart People v. Knoller (41 Cal. 4) Questions and Comments State v. Hemphill (104 N.C. App. 431) Questions and Comments [2] Felony Murder [a] Which Felonies People v. Howard (34 Cal. 4) Questions and Comments Roary v. State (385 Md. 217) Questions and Comments [b] During the Commission of a Felony People v. Johnson (5 Cal. App. 4) Questions and Comments State v. Maudlin (215 Kan. 956) Questions and Comments [c] The Extent of Responsibility Jackson v. State (286 Md. 430) Questions and Comments [d] The Dissenting View People v. Aaron (409 Mich. 672) Questions and Comments [3] The Degrees of Murder Austin v. United States (127 U.S. App. D.C. 180) Questions and Comments [4] The Corpus Delicti People v. Scott (176 Cal. App. 2) Questions and Comments [C] Manslaughter [1] Voluntary Manslaughter People v. Bridgehouse (47 Cal. 2)
Questions and Comments People v. Najera (138 Cal. App. 4) Questions and Comments State v. Faulkner (301 Md. 482) Questions and Comments [2] Involuntary Manslaughter Commonwealth v. Welansky (316 Mass. 383) Questions and Comments Commonwealth v. Konz (498 Pa. 639) Questions and Comments People v. Nelson (309 N.Y. 231) Questions and Comments [D] Causation Commonwealth v. Root (403 Pa. 571) Questions and Comments Brackett v. Peters (11 F.3d 78) Questions and Comments
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CHAPTER 6 THE INCHOATE OFFENSES
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6.01 SOLICITATION Dickerson v. City of Richmond (2 Va. App. 473) Questions and Comments People v. Gordon (47 Cal. App. 3) Questions and Comments People v. Latsis (195 Colo. 411) Questions and Comments People v. Rubin (96 Cal. App. 3) Questions and Comments 6.02 ATTEMPT [A] The Mental State State v. Casey (2003 UT 55, 82) Comments and Questions [B] The Act Requirement Walters v. Maass (45 F.3d 1355) Questions and Comments People v. Mahboubian (74 N.Y.2d 174) Questions and Comments People v. Brown (75 Ill. App. 3) Questions and Comments [C] The Completed Offense Lightfoot v. State (278 Md. 231) Questions and Comments [D] Abandonment People v. Staples (6 Cal. App. 3) Questions and Comments [E] Impossibility Commonwealth v. Henley (504 Pa. 408)
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Questions and Comments People v. Dlugash (51 A.D.2d 974) People v. Dlugash (41 N.Y.2d 725) Comments and Questions United States v. Oviedo (525 F.2d 881) Questions and Comments 6.03 CONSPIRACY [A] The Mental State People v. McChristian (18 Ill. App. 3) Questions and Comments United States v. Feola (420 U.S. 671) Questions and Comments United States v. Bruno (105 F.2d 921) Questions and Comments Note, Federal Treatment of Multiple Conspiracies [B] The Agreement Direct Sales Co. v. United States (319 U.S. 703) Questions and Comments State v. St. Christopher (305 Minn. 226) Questions and Comments [C] Object of the Agreement Commonwealth v. Donoghue (250 Ky. 343) Questions and Comments [D] The Completed Offense Albernaz v. United States (450 U.S. 333) Questions and Comments Pinkerton v. United States (328 U.S. 640) Questions and Comments
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CHAPTER 7 DEFENSES
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7.01 PRIVILEGES TO DEFEND [A] Self-Defense People v. Goetz (68 N.Y.2d 96) Questions and Comments Bechtel v. State (1992 OK CR 55) Questions and Comments Comment State v. Rupp (282 N.W.2d 125) Questions and Comments Commonwealth v. Shaffer (367 Mass. 508) Questions and Comments State v. Pride (567 S.W.2d 426) Questions and Comments People v. Cherry (307 N.Y. 308) Questions and Comments [B] Defense of Others State v. Fair (45 N.J. 77)
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Questions and Comments [C] Defense of Property People v. Ceballos (12 Cal. 3) Questions and Comments [D] Defense of Habitation C. Carpenter, Of the Enemy Within, The Castle Doctrine, and SelfDefense Questions and Comments [E] Prevention of Crime Tennessee v. Garner (471 U.S. 1) Questions and Comments 7.02 DURESS AND NECESSITY Problems State v. Metcalf (60 Ohio App. 2) Questions and Comments United States v. Bailey (444 U.S. 394) Questions and Comments State v. Warshow (138 Vt. 22) Questions and Comments 7.03 ENTRAPMENT Sherman v. United States (356 U.S. 369) Questions and Comments United States v. Russell (411 U.S. 423) Comments and Questions Jacobson v. United States (503 U.S. 540) Questions and Comments 7.04 INTOXICATION Heideman v. United States (104 U.S. App. D.C. 128) Questions and Comments State v. Stasio (78 N.J. 467) Questions and Comments 7.05 THE INSANITY DEFENSE [A] The Formulations M'Naghten's Case Questions and Comments Comment State v. Johnson (121 R.I. 254) Questions and Comments United States v. Brawner (153 U.S. App. D.C. 1) Questions and Comments [B] Raising the Question Frendak v. United States (408 A.2d 364) Questions and Comments [C] Diminished Capacity State v. Joseph (214 W. Va. 525) Questions and Comments
[D] Competency to Stand Trial State v. Vannatta (506 N.W.2d 63) Questions and Comments