Criminal Law Cases and Materials 8th Edition by John Kaplan, Robert Weisberg, Guyora Binder ISBN 1454881704 9781454881704

INTRODUCTION

A. The Career of a Criminal Case

1. Procedure Before Trial

Donald Dripps, Criminal Justice Process

2. Substantive Legal Issues Before Trial

3. Procedure at Trial

4. Substantive Legal Issues on Appeal

B. Sources of Criminal Law

1. Statutes

2. Precedent

3. Constitutions

C. The Analysis of Criminal Liability

1. The Purpose of Analysis

2. The Model Penal Code Scheme

3. The German Scheme

D. Burdens of Proof and Due Process

I – JUST PUNISHMENT

New York Penal Law

1 – THE PURPOSES AND LIMITS OF PUNISHMENT

A. An Introductory Problem

Notes and Questions

B. Utilitarianism and Retributivism

John Braithwaite & Philip Pettit, Not Just Deserts: A Republican Theory of Criminal Justice

C. Utilitarian Punishment

1. The Utility Principle as a Limit on Punishment

Jeremy Bentham, The Theory of Legislation

2. Deterrence

Jeremy Bentham, The Theory of Legislation

James Q. Wilson, Thinking About Crime

Anthony N. Doob & Cheryl Marie Webster, Sentence Severity and Crime: Accepting the Null Hypothesis

Louis Seidman, Soldiers, Martyrs, and Criminal Law: Utilitarianism and the Problem of Crime Control

Randolph Roth, American Homicide

Notes and Questions

3. Rehabilitation

David Rothman, The Discovery of the Asylum

Edward L. Rubin, The Inevitability of Rehabilitation

Francis A. Allen, Criminal Justice, Legal Values, and the Rehabilitative Ideal

Elliot Currie, Confronting Crime: An American Challenge

Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America

Notes and Questions

4. Incapacitation

James Q. Wilson, Thinking About Crime

Alfred Blumstein & Jacqueline Cohen, Characterizing Criminal Careers

Franklin E. Zimring & Gordon Hawkins, Incapacitation: Penal Confinement and the Restraint of Crime

Markus Dirk Dubber, Recidivist Statutes as a Rational Punishment

Notes and Questions

D. Retribution

1. Retribution as a Limit on Punishment

H.J. McCloskey, A Non-Utilitarian Approach to Punishment

John Rawls, Two Concepts of Rules

Guyora Binder & Nicholas J. Smith, Framed: Utilitarianism and Punishment of the Innocent

Herbert Packer, The Limits of the Criminal Sanction

Alan H. Goldman, The Paradox of Punishment

David Dolinko, Three Mistakes of Retributivism

Michael L. Corrado, The Abolition of Punishment

Kansas v. Hendricks

Notes and Questions

2. Retribution as an Affirmative Justification for Punishment

a. The Appeal to Intuition

Michael Moore, Law and Psychiatry

Notes and Questions

b. The Argument from Social Contract

Herbert Morris, On Guilt and Innocence

Jeffrie Murphy, Marxism and Retribution

Notes and Questions

c. The Expressive Argument

Joel Feinberg, Doing and Deserving

Jean Hampton, Punishment as Defeat

Notes and Questions

E. Beyond Utility and Desert: Educative Theories of Punishment

Herbert Morris, A Paternalistic Theory of Punishment

R.A. Duff, Trials and Punishments

John Braithwaite, Crime, Shame, and Reintegration

Notes and Questions

F. Proportionality

Graham v. Florida

Notes and Questions

Kennedy v. Louisiana

Notes and Questions

Ewing v. California

Notes and Questions

Miller v. Alabama

Notes and Questions

G. Modern Guidelines Sentencing

Kevin Reitz, Sentencing: Guidelines

1. Due Process, the Jury, and Sentencing Designs

Apprendi v. New Jersey

Notes and Questions

2. The Blakely-Booker Revolution in Sentencing

Notes and Questions

II – THE ELEMENTS OF THE CRIMINAL OFFENSE

2 – THE CRIMINAL ACT

A. The Need for an Actus Reus

Proctor v. State

Notes and Questions

B. Omissions

Jones v. United States

Notes and Questions

C. Possession

United States v. Maldonado

Notes and Questions

State v. Barger

Notes and Questions

D. The Requirement of Harm

Lawrence v. Texas

Notes and Questions

E. The Requirement of Voluntariness

People v. Newton

Notes and Questions

Martin v. State

Notes and Questions

People v. Grant

Notes and Questions

F. The Prohibition of “Status” Crimes

Robinson v. California

Notes and Questions

Johnson v. State

Notes and Questions

G. Legality

Keeler v. Superior Court

Notes and Questions

United States v. Hudson and Goodwin

Notes and Questions

Rogers v. Tennessee

Notes and Questions

H. Specificity

Chicago v. Morales

Notes and Questions

3 – THE GUILTY MIND

A. The Requirement of a Guilty Mind

People v. Dillard

Notes and Questions

United States v. Wulff

Notes and Questions

Lambert v. California

Notes and Questions

B. Categories of Culpability

Regina v. Faulkner

Notes and Questions

Model Penal Code §§1.13 and 2.02

Notes and Questions

C. Mistake and Mens Rea Default Rules

Regina v. Prince

Notes and Questions

People v. Ryan

Notes and Questions

Elonis v. United States

Notes and Questions

D. “Mistake of Law”

1. Introduction to Mistake of Law

2. Mistake of Law and Mens Rea

People v. Bray

Notes and Questions

United States v. Baker

Notes and Questions

Cheek v. United States

Notes and Questions

3. Mistake of Law as an Excuse

Commonwealth v. Twitchell

Notes and Questions

E. Capacity for Mens Rea

Hendershott v. People

Notes and Questions

State v. Cameron

Notes and Questions

Montana v. Egelhoff

Notes and Questions

4 – CAUSATION

A. “But-For” Causation

Regina v. Martin Dyos

Notes and Questions

R. v. Benge

Notes and Questions

B. Violent Acts

Hubbard v. Commonwealth

Notes and Questions

C. Proximate Cause: Foreseeability and Related Limitations

Commonwealth v. Rhoades

Notes and Questions

D. Intervening Causes

Commonwealth v. Root

Notes and Questions

United States v. Hamilton

Notes and Questions

Stephenson v. State

Notes and Questions

People v. Kevorkian

Notes and Questions

E. Causation by Omission: Duties

Commonwealth v. Levesque

Notes and Questions

III – HOMICIDE OFFENSES

Kan. Stat. Ann. §§21-5402 through 21-5406

Ala. Code §§13A-6-2 through 13A-6-4

Cal. Penal Code §§187 through 189, 191.5 through 192

Pa. Cons. Stat. Ann., Tit. 18, §§2502 through 2504

Illinois Compiled Statutes Ann. 720 ILCS 5/9-1 through 720 ILCS 5/9-2.1

Minnesota Statutes Ann. 609.185

Model Penal Code §§210.2 through 210.4

New York Penal Code §§125.10, 125.12, 125.15, 125.20, 125.25, 125.27

5 – INTENTIONAL HOMICIDE

A. Intentional Murder (Second Degree)

Francis v. Franklin

Notes and Questions

B. Premeditated Murder (First Degree)

United States v. Watson

Notes and Questions

C. Voluntary Manslaughter

1. The Theory of Mitigation

People v. Walker

Notes and Questions

2. “Cooling Time”

Ex Parte Fraley

Notes and Questions

3. Adultery as “Adequate Provocation”

Rowland v. State

Notes and Questions

4. Provocation Under Reform Rules

People v. Berry

Notes and Questions

5. Cultural Norms and the Reasonable Person

People v. Wu

Notes and Questions

6 – UNINTENTIONAL HOMICIDE

A. Involuntary Manslaughter

1. Negligent and Reckless Homicide

Commonwealth v. Welansky

Notes and Questions

2. Involuntary Manslaughter in Contemporary Settings

State v. Williams

Notes and Questions

B. Reckless Murder

Mayes v. The People

Notes and Questions

C. Homicide in the Course of Another Crime

1. Felony Murder: An Introduction

State v. Martin

Notes and Questions

2. Causal Limitations

People v. Washington

Notes and Questions

People v. Hickman

Notes and Questions

People v. Gladman

Notes and Questions

People v. Cavitt

Notes and Questions

3. Dangerous Felony Limitations

4. The Independent Felonious Purpose Limitation

State v. Shock

Notes and Questions

5. Two Variants of Felony Murder

a. Misdemeanor Manslaughter

b. Death-Aggravated Felonies

7 – CAPITAL MURDER AND THE DEATH PENALTY

A. A Historical and Constitutional Summary

B. The New Capital Statutes

1. The Structure of “Guided Discretion”: An Exemplary Case

Olsen v. State

Notes and Questions

2. Mitigating Circumstances

3. Weighing the Circumstances

C. Categorical Limits on the Death Penalty

1. The Mens Rea Limit: A Reprise on Felony Murder

Tison v. Arizona

Notes and Questions

2. Victim/Race Discrimination and the Eighth Amendment

McCleskey v. Kemp

Notes and Questions

IV – JUSTIFICATION AND EXCUSE

A. Distinguishing Justification and Excuse

B. Justification, Excuse, and the Purposes of Punishment

C. Combining Justification and Excuse

8 – DEFENSIVE FORCE, NECESSITY, AND DURESS

A. Defensive Force

1. Elements and Rationales

People v. La Voie

Notes and Questions

People v. Gleghorn

Notes and Questions

2. The Reasonable Self-Defender: The Case of the Battered Spouse

State v. Leidholm

Notes and Questions

3. Reprise on the Reasonable Self-Defender

People v. Goetz

Notes and Questions

4. Defensive Force and Law Enforcement

Tennessee v. Garner

Notes and Questions

People v. Ceballos

Notes and Questions

B. Choice of Evils—Necessity

1. The Moral Issue

The Queen v. Dudley & Stephens

Notes and Questions

2. Escape from Intolerable Prison Conditions

People v. Unger

Notes and Questions

3. “Political” Necessity

State v. Warshow

Notes and Questions

C. Duress

State v. Crawford

Notes and Questions

State v. Hunter

Notes and Questions

9 – MENTAL ILLNESS AS A DEFENSE

A. Introduction

B. The M’Naghten Rule and Cognition

People v. Serravo

Notes and Questions

C. Cognition and Volition: The Road from M’Naghten and Back

Smith v. State

Notes and Questions

D. Reprise: Reassessing the Insanity Defense

E. “Quasi-Insanity” Defenses

1. Alcohol and Other Drugs

2. Post-Traumatic Stress Disorder

3. Postpartum Psychosis

4. “Multiple Personality” Disorder

5. The Antisocial Personality

V – ATTRIBUTION OF CRIMINALITY

10 – ATTEMPT

A. The Punishment for Attempt

1. Why Punish Attempt?

2. The Emergence of Attempt Liability

George Fletcher, Rethinking Criminal Law

3. The Grading of Attempt

Model Penal Code §5.05

B. The Mens Rea for Attempt

State v. Lyerla

Notes and Questions

People v. Bland

Notes and Questions

C. The Actus Reus of Attempt

1. Preparation vs. Attempt

People v. Murray

Notes and Questions

McQuirter v. State

Notes and Questions

People v. Rizzo

Notes and Questions

2. Abandonment

People v. Staples

Notes and Questions

3. Solicitation

People v. Lubow

Notes and Questions

D. Impossibility

Booth v. State

Notes and Questions

People v. Dlugash

Notes and Questions

People v. Thousand

Notes and Questions

11 – COMPLICITY

A. The Accessorial Act

State v. Ochoa

Notes and Questions

State v. Tally

Notes and Questions

State v. Formella

Notes and Questions

B. Mens Rea of Complicity

1. Intent to Aid or Encourage

People v. Beeman

Notes and Questions

2. The Mental Element of the Offense

Wilson v. People

Notes and Questions

3. Combined Standards and Unintended Harm

State v. Etzweiler

Notes and Questions

4. Culpability for Secondary Crimes

Rosemond v. United States

Notes and Questions

People v. Kessler

Notes and Questions

C. Relations of Parties

1. The Perpetrator Is Excused

2. The Perpetrator Is Justified

3. The Perpetrator Lacks Mens Rea

4. Discrepant Mens Rea

5. One of the Parties Lacks a Required Status for the Crime

D. Criminal Liability of Corporations

1. Respondeat Superior and the Premises of Corporate Liability

State v. Christy Pontiac-GMC, Inc.

Notes and Questions

United States v. Hilton Hotels Corp.

Notes and Questions

2. The MPC and the “Corporate Mind”

Notes and Questions

12 – CONSPIRACY

A. The Nature of Conspiracy

State v. Verive

Notes and Questions

B. The Agreement

1. Proof of Formation

Griffin v. State

Notes and Questions

2. Termination of the Agreement

United States v. Recio

Notes and Questions

C. The Mens Rea of Conspiracy

People v. Lauria

Notes and Questions

D. Special Mens Rea Problems of Conspiracy

E. The Incidents of Conspiracy

United States v. Diaz

Notes and Questions

F. The Parties to and Objects of Conspiracy

1. Bilateral and Unilateral Conspiracies

2. The Scope of the Conspiracy

a. Single vs. Multiple Conspiracies

b. Chains, Wheels, Etc.

United States v. Caldwell

Notes and Questions

G. The RICO Statute and the Frontier of Conspiracy

1. The Statute

2. Elements of Racketeering

3. RICO Conspiracies

United States v. Neapolitan

Notes and Questions

VI – ADDITIONAL OFFENSES

13 – RAPE

A. Introduction

1. Defining Rape

2. Some Facts About Rape in the United States

3. The Evolution of Rape Rules

B. The Requirement of “Utmost Resistance”

Brown v. State

Notes and Questions

C. “Reasonable” or “Earnest” Resistance

People v. Dorsey

Notes and Questions

D. Force

People v. Barnes

Notes and Questions

E. Nonconsent

State v. Smith

Notes and Questions

F. Lack of Affirmative Expression of Consent

In the Interest of M.T.S.

Notes and Questions

G. Incapacity to Consent

State v. Moorman

Notes and Questions

H. Rape by Extortion

Commonwealth v. Mlinarich

Notes and Questions

I. Rape by Fraud

Boro v. People

Notes and Questions

J. Mens Rea

Commonwealth v. Fischer

Notes and Questions

K. Evidentiary Reforms

14 – THEFT OFFENSES

A. Theft

1. The Meaning of Theft

Commonwealth v. Mitchneck

Notes and Questions

2. The Development of Theft Offenses

The Case of the Carrier Who Broke Bulk Anon v. the Sheriff of London

Rex v. Chisser

The King v. Pear

Notes and Questions

B. Fraud

1. False Pretenses

People v. Sattlekau

Notes and Questions

2. Scheme to Defraud in Federal Law

Durland v. United States

Notes and Questions

3. Bank Fraud

United States v. Phillips

Notes and Questions

C. Extortion

People v. Dioguardi

Notes and Questions

McCormick v. United States

Notes and Questions

D. Robbery

Lear v. State

Notes and Questions

E. Burglary

State v. Colvin

Notes and Questions

15 – PERJURY, FALSE STATEMENTS, AND OBSTRUCTION OF JUSTICE

A. Perjury

Bronston v. United States

Notes and Questions

Stuart Green, Lying, Misleading, and Falsely Denying: How Moral Concepts Inform the Law of Perjury, Fraud, and False Statements

Notes and Questions

B. False Statements

United States v. Moore

Notes and Questions

Brogan v. United States

Notes and Questions

C. Obstruction of Justice

1. The Omnibus Provision—§1503

United States v. Aguilar

Notes and Questions

United States v. Cueto

Notes and Questions

2. Section 1512 and the Arthur Andersen Case

Arthur Andersen LLP v. United States

Notes and Questions

Appendix A – A NOTE ON THE MODEL PENAL CODE

McClain and Dan Kahan, Criminal Law Reform: Historical Development in the United States

Appendix B – THE MODEL PENAL CODE

Table of Cases

Table of Model Penal Code Sections

Index