Instruction Manual and Test Bank for Basic Criminal Law The Constitution Procedure and Crimes 5th Edition by Anniken Davenport ISBN 0134559835 978-0134559834

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ISBN 10: 0134559835 
ISBN 13: 978-0134559834
Author:y Anniken Davenport 

For courses in criminal law and criminal procedure (as well as supplementary readings in constitutional law) in the paralegal and more general criminal justice programs.

A comprehensive, well-organized approach to understanding key legal concepts and developing the essential skills and hands-on experience needed to enter the legal profession
Basic Criminal Law, Fifth Edition, provides a thorough grounding in criminal law, its history, how it is practiced today, and what trends will take it into the future. Rich with features that guide readers through the history of criminal law, the crimes themselves, and specific legal procedures, this text offers numerous opportunities to develop the real-world skills needed to enter the workforce. The Fifth Edition includes: insights from current and high-profile key cases; new You Make the Call sections; a revised chapter on sex crimes; a revised appeals section; updated crime statistics and definitions; updated evidence concep

Basic Criminal Law The Constitution Procedure and Crimes 5th Table of contents:

Chapter 1 What Is Criminal Law?

Learning Objectives

Introduction and Historical Background Learning Objective 1 Explain what law is. Learning Objective 2 Explain the term jurisprudence. Learning Objective 3 Explain the concept of English Common Law including stare decisis.

Theories of Law and Schools of Jurisprudence Learning Objective 4 List and explain the major theories of law and schools of jurisprudence.

Durkheim’s Consensus Theory

Marx’s Ruling Class Theory

Blackstone’s Theory Learning Objective 5 Explain mala in se and mala prohibita.

The Natural Law School of Jurisprudence

The Historical School

The Analytical School

The Sociological School

The Crit and the Fem-Crit School of Jurisprudence

Which Theory Fits the American System?

Goals of the Criminal Justice System Learning Objective 6 Understand the criminal justice system’s goals.

Criminal Law Versus Civil Law Learning Objective 7 Explain the difference between criminal and civil law.

Criminal Law Protects Public Rights

Civil Law Protects Private Rights

Criminal Law Penalties and the Burden of Proof

Tort Penalties and the Burden of Proof

Types of Crimes

The American Judicial System

The Federal System Learning Objective 8 Explain the federal court system, federalism, and checks and balances.

The Federal Judiciary

The Supremacy Clause Learning Objective 9 Explain the Constitution’s Supremacy Clause, Commerce Clause, and the government’s police power.

The Commerce Clause

Police Power

The Criminal Trial Process Learning Objective 10 Explain how a criminal case is processed through the criminal justice system.

Investigation, Arrest, and Pretrial

Trial

Appeal

Serving the Sentence

Privatization of Parts of the Criminal Justice System

Sources of Law Learning Objective 11 List and explain the sources of American law.

Constitutional Amendments and the Bill of Rights

Treaties

The Napoleonic Code

Differences Between the Napoleonic Code and English Common Law

Codified Laws

Regulations

Model Penal Code

Executive Orders

Judicial Decisions

Priority of Law

Criminal Justice Professionals

The Role of the Criminal Justice Professional

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Exercise 1

Exercise 2

The Case Brief

Exercise 3

Chapter 2 What Is a Crime?

Learning Objectives

Introduction and Historical Background Learning Objective 1 Explain what makes an act a crime. Learning Objective 2 Explain corpus delicti.

What Is a Crime?

Elements of a Crime Learning Objective 3 Explain mens rea and how to prove it. Learning Objective 4 Explain actus reus.

Mens Rea

Strict Liability Learning Objective 5 List and explain the different types of liability.

Vicarious Liability

Proving Mens Rea Learning Objective 6 List and explain the different types of intent.

Motive

Actus Reus

Voluntary Acts

Personal Status as an Act

Possession Learning Objective 7 Explain possession, omission, causation, and harm.

Omission

Harm

Causation

Conspiracy and Other Inchoate Crimes Learning Objective 8 Explain conspiracy and other inchoate crimes.

Uniform Crime Report Learning Objective 9 Explain the Uniform Crime Reporting Program.

General Evidence Concepts Learning Objective 10 Explain the difference between direct and circumstantial evidence.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 3 Crimes against the Person: Murder

Learning Objectives

Introduction And Historical Background Learning Objective 1 Define Murder.

Murder

Premeditated Murder

Lesser Degrees of Murder Learning Objective 2 Distinguish between the degrees of murder. Learning Objective 3 Distinguish between voluntary and involuntary manslaughter.

Felony Murder Learning Objective 4 Explain the felony murder rule as it applies to criminal conspiracies to commit a felony.

Manslaughter

The Year and a Day Rule

Euthanasia Learning Objective 5 Explain assisted suicide.

Infanticide Learning Objective 6 Define infanticide.

Suicide

Killings That are Not Crimes Learning Objective 7 Explain when killings are not crimes and when they are.

Murder Evidence Concepts Learning Objective 8 Explain what statements by a murder victim may be admissible.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 4 Crimes against the Person: Sex Crimes

Learning Objectives

Introduction Learning Objective 1 Understand the UCR’s new rape definition.

Forcible Rape Learning Objective 2 Define forcible rape. Learning Objective 3 Define Common Law rape and explain how modern rape statutes differ from the Common Law definition.

Defense to Rape Learning Objective 4 Understand the consent defense.

Rape Shield Laws Learning Objective 5 Understand rape shield laws and the type of evidence they exclude and allow.

Forcible Sodomy Learning Objective 6 Define forcible sodomy.

Sexual Assault with an Object Learning Objective 7 Define sexual assault with an object.

Forcible Fondling Learning Objective 8 Define forcible fondling.

Non-Forcible Sex Crimes

Incest Learning Objective 9 Define incest.

Statutory Rape Learning Objective 10 Define statutory rape.

Sex Crimes Evidence Concepts Learning Objective 11 Understand key sex crime evidence concepts.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Affidavit of Probable Cause

I. Introduction

II. Aggravated Indecent Assault at Cosby’s Cheltenham Home

III. Victim’s Return to Canada and Disclosure

IV. Mrs. Constand’s Conversations with Cosby

V. Criminal Investigation and Cosby’s Statement to Police

VI. District Attorney Review

VII. Civil Action Against Cosby for Battery and Assault

VIII. Reopening of Criminal Investigation

IX. Civil Depositions

X. Conclusion

Chapter 5 Crimes against the Person: Other Violent Crimes

Learning Objectives

Introduction

Robbery Learning Objective 1 Define robbery.

Caution: Federal Law Differs from Common Law Learning Objective 2 Explain the difference between robbery and theft.

From the Person or in the Presence of the Person

By the Use of Force or Threat of the Use of Imminent Force

Discharging a Weapon During a Robbery

Assault

Aggravated Assault Learning Objective 3 Explain the Common Law concepts of assault and battery and modern concepts of assault.

Essential Elements of Assault

Violent Arson Learning Objective 4 Define violent arson.

Hate Crimes Learning Objective 5 Define hate crime and explain the Supreme Court’s major hate crime decisions.

Essential Elements of a Hate Crime

Cyber Crimes––Solicitation, Hate Speech, and Inciting Terrorism Learning Objective 6 Define cyber solicitation.

Solicitation

Hate Speech

Terrorism

Abduction and Kidnapping Learning Objective 7 Define kidnapping and abduction.

State Statutes

Essential Elements of Kidnapping and Abduction

Federal Statutes

Trafficking in Persons Learning Objective 8 Define trafficking in persons.

Evidence in Violent Crimes Against the Person

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 6 Crimes against Property

Learning Objectives

Introduction Learning Objective 1 Understand what property is and the bundles of rights that accompany each type of property. Learning Objective 2 Explain the terms fee simple, joint tenants with right of survivorship, tenancy by the entireties, and tenant in common.

Theft or Larceny Learning Objective 3 Define theft, name the different classifications of theft, and list the essential elements required to prove theft.

Taking and Carrying Away

Personal Property

Of Another

With the Intent to Permanently Deprive the Owner of the Property Learning Objective 4 Differentiate embezzlement from other forms of theft.

Motor Vehicle Theft

Burglary Learning Objective 5 Define burglary and describe its common law origins.

Unlawful Entry into Premises

Dwelling House of Another

With Intent to Commit a Felony

Property Arson Learning Objective 6 Define arson and explain why so few cases are cleared.

Essential Elements of Arson

Defacing Property and Graffiti Learning Objective 7 Explain laws aimed at defacing property including graffiti.

Firearm Offenses Learning Objective 8 Explain what the Brady Act requires before the purchase of a handgun.

Forgery and Check Fraud Learning Objective 9 Explain the most common methods of check fraud and forgery.

Identity Theft Learning Objective 10 Define identity theft.

Cyber Crimes––Theft, Deception Learning Objective 11 Explain how cyber crime fits into traditional concepts of crimes against property.

Property Crime Evidence Concepts Learning Objective 12 Explain forensic accounting.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 7 Social Crimes

Learning Objectives

Introduction

Prostitution and Commercialized Vice Learning Objective 1 Define prostitution and explain the elements required to be proven in a prosecution.

Drug Production and Use Learning Objective 2 Define what a controlled substance is.

Penalties Learning Objective 3 Understand the problem of drug abuse and law enforcement efforts to curtail the use and trafficking in illegal drugs.

Crack Versus Powder Cocaine

Gambling Learning Objective 4 Describe some of the laws that regulate gambling.

Offenses Against the Family

Pornography Including Child Porn Distribution and Possession Learning Objective 5 Understand the special laws designed to combat child pornography production.

Child Porn Production

Domestic Violence Learning Objective 6 Define what domestic violence is and how it affects its victims.

Federal Efforts to Combat Domestic Violence

Child Molestation Learning Objective 7 Understand what constitutes child molestation, child abuse, and elder abuse.

Child Abuse and Neglect

Corporal Punishment and Child Abuse

Other Defenses

Elder Abuse

Runaways Learning Objective 8 List the factors that contribute to teenage runaways.

Alcohol Abuse and Public Intoxication

Driving Under the Influence Learning Objective 9 Understand how states regulate alcoholic beverages and drunk driving.

Liquor Laws

Disorderly Conduct Learning Objective 10 Understand what constitutes disorderly conduct and the defenses to the charge.

Public Indecency or Lewdness Learning Objective 11 Understand what constitutes public indecency and vagrancy.

Vagrancy

Fornication, Adultery, and Polygamy/Polyandry Learning Objective 12 Understand what constitutes polygamy and associated religious freedom issues.

Abortion Learning Objective 13 Understand the laws concerning abortion.

Consensual Sodomy

Social Crimes Evidence Concepts

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

United States Attorney’s Office Eastern District of Missouri

Chapter 8 Treason, Terrorism, and Wartime Criminal Justice

Learning Objectives

Introduction and Historical Background Learning Objective 1 List wartime criminal laws through history.

Wartime Power Learning Objective 2 List and explain the provisions in the U.S. Constitution that govern the powers of Congress and the president in time of war.

Habeas Corpus in Wartime and the Question of Military Tribunals

Military Tribunals Today Learning Objective 3 List key presidential orders for military tribunals in time of war or armed conflict.

Defining Treason and Sedition Learning Objective 4 Define treason and list and explain the provisions in the U.S. Constitution that apply to treason.

Defining Terrorism Learning Objective 6 List the major provisions of the PATRIOT Act of 2001.

Treason and Terrorism Evidence Concepts

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 9 Crimes against the State

Learning Objectives

Introduction

Perjury Learning Objective 1 Understand the significance of perjury.

Differences Between Section 1621 and Section 1623 Perjury

The Two-Witness Rule 

Elements of Perjury 

An Oath 

Intent 

Falsity 

Materiality 

Defenses to Perjury 

Recantation 

Assistance of Counsel 

Double Jeopardy 

The Perjury Trap 

Fifth Amendment 

Obstruction of Justice Learning Objective 2 Explain the essential elements of obstruction of justice.

Civil Disobedience, Trespass, and Protest

Contempt Learning Objective 3 Understand the different types of contempt.

Escape Learning Objective 4 Understand how escape affects sentencing.

Bribery Learning Objective 5 Know what constitutes bribery.

Corrupt Organizations Learning Objective 6 Explain the ways that the government seeks to control corrupt organizations.

Impeachment Learning Objective 7 Explain the steps in the impeachment process.

Procedures

Ambiguities

Conclusion

Tax Evasion Learning Objective 8 Explain what constitutes tax evasion.

Mail Fraud Learning Objective 9 Explain what constitutes mail fraud.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Questions

Chapter 10 Common Law Defenses

Learning Objectives

Introduction Learning Objective 1 Know the Common Law defenses, and their essential elements.

Justification Defenses and Castle Laws Learning Objective 2 Understand the concept of self-defense and be able to explain when non-deadly and deadly force can be used.

Duress Defenses

Other Common Law Defenses Learning Objective 3 Explain under what circumstances consent is a defense. Learning Objective 4 Explain when mistake of law and mistake of fact are defenses.

Entrapment and Legal Traps Learning Objective 5 Explain the difference between entrapment and legal traps law enforcement officials use.

Capacity Defenses

Infancy Defense

Intoxication Defense Learning Objective 6 Differentiate between the consequences of voluntary and involuntary intoxication.

Insanity Learning Objective 7 Explain the different standards for the insanity defense and how each operates.

Beyond M’Naghten

Guilty, but Mentally ILL

Competency to Stand Trial

Incapacity and Punishment

Common Law Defense Evidence Concepts

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 11 Constitutional Rights before Arrest

Learning Objectives

Introduction and Historical Background

What is an Unreasonable Search? Learning Objective 1 Explain the constitutional protection against unreasonable searches and seizures.

Expectation of Privacy

Probable Cause Learning Objective 2 Explain what proof law enforcement must have before a search warrant will be issued.

Exceptions to the Rule Learning Objective 3 List areas that can be searched without a warrant.

Infiltration Learning Objective 4 Explain the use of informants.

Executing Search Warrants

The Exclusionary Rule Learning Objective 5 Explain the exclusionary rule.

Technology and Searches

Wiretaps

Double Jeopardy Learning Objective 6 Explain double jeopardy.

Retrial After Hung Jury

Retrial After Reversal on Appeal

Ex Post Facto Laws and Bills of Attainder Learning Objective 7 Define and explain ex post facto laws and bills of attainder.

Ex Post Facto Laws

Bills of Attainder

Right to Remain Silent Learning Objective 8 Explain the right to remain silent.

Presumption of Innocence

Prearrest Interrogation

The Role of the Polygraph

Confessions

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

Chapter 12 Constitutional Rights after Arrest

Learning Objectives

Introduction and Historical Background

Arrest Learning Objective 1 Explain the Miranda warning and the right against self-incrimination.

Postarrest Interrogation

The Right Against Self-Incrimination Learning Objective 2 Explain when a criminal defendant has a right to counsel.

Bail Learning Objective 3 Explain the rights of indigent defendants to a public defender.

The Constitutional Right to Counsel In Criminal Cases

The Poor and the Right to Counsel Learning Objective 4 List and explain the circumstances under which a person can be compelled to testify against himself or herself.

Arraignment

Preliminary Hearings

Immunity

Use Immunity

Transactional Immunity

Cooperation Agreements

Privilege and the Right to Keep Others Silent Learning Objective 5 Explain the attorney–client privilege, husband–wife privilege, and priest–penitent privilege.

Attorney–Client Privilege

Spousal Privilege

Priest–Penitent Privilege

Patient–Counselor Privilege

Compelling the Production of Physical Evidence, Including DNA Testing Learning Objective 6 Explain when physical evidence can be compelled from defendants without violating the right against self-incrimination.

Breath Analysis, Blood, and DNA Evidence

Plea Bargaining

The Right to a Speedy Trial Learning Objective 7 Explain the right to a speedy trial and how it differs from statutes of limitations.

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

I. Introduction

II. Defendant’s Obligations

III. The Government’s Obligations

IV. Elements of the Offense

V. Maximum Sentence

VI. Sentencing Determination

VII. Waivers

VIII. Entire Plea and Cooperation Agreement

IX. Approvals and Signatures

For Further Reading

For Further Viewing

Chapter 13 The Constitutional Right to Trial by Jury

Learning Objectives

Introduction and Historical Background Learning Objective 1 Define jury. Learning Objective 2 List and explain the provisions in the U.S. Constitution that require trial by jury in criminal cases.

Defining the Right to Trial by Jury

Who Can Demand Trial by Jury?

Grand and Petit Juries

Grand Jury and indictment Learning Objective 3 List and explain some differences between federal juries and state juries.

Discovery Learning Objective 4 Explain what attorneys do in pretrial discovery.

Pretrial Motions

How the Jury Pool is Selected

Empanelling the Jury

Excusing Jurors for Hardship

Voir Dire Learning Objective 5 Explain the process of voir dire.

The Challenge for Cause Learning Objective 6 List some reasons a potential juror can be excused for cause.

The Peremptory Challenge

Death Qualifying Jurors

How Many Jurors Does a Jury Make?

Pretrial Publicity, Change of Venue or Venire, and Sequestration

The Media and Finding Impartial Jurors

Change of Venue and Venire Learning Objective 7 List some reasons for a change of venue and change of venire.

Sequestration Learning Objective 8 Explain sequestration.

The Trial

The Opening Statement Learning Objective 9 Understand what is permissible in opening and closing statements.

The Witness List

The Confrontation Clause

The Closing Argument

Jury Instructions and Forms

Rendering the Verdict Beyond a Reasonable Doubt

What Is Reasonable Doubt? Learning Objective 10 Explain what “beyond a reasonable doubt” means.

Jury Unanimity, Hung Juries, and Reasonable Doubt

The Role of the Jury and the Role of the Judge

Post-Trial Motions

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

For Further Reading

For Further Viewing

Chapter 14 Constitutional Rights Postconviction

Learning Objectives

Introduction and Historical Background

Sentencing Learning Objective 1 List the types of criminal punishment.

Cruel and Unusual Punishments Learning Objective 2 List and explain the two requirements that must be satisfied before a punishment is “cruel and unusual.”

The Death Penalty Learning Objective 3 Explain why capital punishment is not unconstitutional as “cruel and unusual” punishment.

Procedural Safeguards Required by the Eighth Amendment Learning Objective 4 Explain what procedural protection is required before the death penalty can be carried out. Learning Objective 5 Define aggravating and mitigating circumstances.

Appropriate Methods of Death

Persons Who May be Executed Learning Objective 6 List the classifications of persons who may be executed.

Mentally Ill and Mentally Retarded

Minors

Offenses Punishable by Death Learning Objective 7 List the crimes that are punishable by death.

Life in Prison Learning Objective 8 Explain the Supreme Court’s position on life in prison for repeat offenders.

Prison Conditions

Appeals Learning Objective 9 Know the steps in the appeals process.

Emerging Trends

Predatory Sex Offender Registration

Chemical Castration

Concept Review and Reinforcement

Concept Review Questions

Critical Thinking Exercises

Portfolio Building

For Further Reading

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