Criminal Law and its Processes: Cases and Materials (Aspen Casebook Series)

Description

Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. New to the Eleventh Edition: Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021. In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses Broader exploration of what society chooses to criminalize and prioritize for enforcement Updated notes to incorporate contemporary cases and recent news touching on criminal law Inclusion of additional preeminent cases in the field of criminal law, including: Kahler v. Kansas as a principal case in the material on the insanity defense Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad Professors and students will benefit from: Cohesive Intellectual Framework Grounds student understanding of criminal law as an instrument of social control?and provides analytical tools to interpret and understand doctrine Holistic approach encourages students to develop an understanding of principles and rules applicable to all crimes Cases-and-notes pedagogy Includes excerpted materials, questions, and problems useful for Socratic instruction and policy discussions Challenging Problems ? Places discussion of the law and policy in relevant, real-world scenarios Front Matter Editorial Advisors Title Page Copyright Page About Aspen Publishing Summary of Contents Contents Preface Acknowledgments Chapter 1 Foundations A. The Sweep of Criminal Law in America Notes B. Why Criminal Punishment? Introductory Note Regina v. Dudley and Stephens Notes and Questions 1. The Utilitarian View J. Bentham, An Introduction to the Principles of Morals and Legislation J. Bentham, Principles of Penal Law Notes and Questions a. Deterrence Introductory Note J.Q. Wilson, Thinking About Crime P.H. Robinson & J.M. Darley, The Role of Deterrence in the Formulation of Criminal Code Rules b. Rehabilitation M. Vitiello, Reconsidering Rehabilitation M.S. Moore, Law and Psychiatry Note — The Rise and Fall of the Medical Model Note — Does Rehabilitation Work? A. von Hirsch & L. Maher, Should Penal Rehabilitationism Be Revived? c. Incapacitation F.E. Zimring & G. Hawkins, Incapacitation — Penal Confinement and the Restraint of Crime J.J. DiIulio, Jr., Prisons Are a Bargain, by Any Measure Notes 2. Retribution Introductory Note I. Kant, The Philosophy of Law M.S. Moore, The Moral Worth of Retribution Note on Criticisms and Defenses of Retribution H. Morris, On Guilt and Innocence J. Murphy, Marxism and Retribution J. Hampton, Correcting Harms versus Righting Wrongs: The Goal of Retribution J.L. Mackie, Retribution: A Test Case for Ethical Objectivity D. Sered, Until We Reckon: Violence, Mass Incarceration, and a Road to Repair Note on Retribution as a Constraint 3. “Cousins” of Retribution Introductory Note a. Retaliation and Revenge J.F. Stephen, A History of the Criminal Law of England Questions Problem: Unexpected Harm Problem: Victim-Impact Statements b. Social Cohesion H.L.A. Hart, Punishment and Responsibility E. Durkheim, The Division of Labor in Society J.F. Stephen, A History of the Criminal Law of England Note 4. Mixed Theories Introductory Note Questioning the Classic Mixed Theory M.S. Moore, Law and Psychiatry Notes and Questions C. What to Punish Problem — Sex Work Human Rights Watch, Why Sex Work Should Be Decriminalized N. Dowling & J. Bigelsen, A Big Mistake on Sex Work: Reformers Would Let Buyers, Pimps and Promoters Escape Criminal Consequences D. Alternatives to Punishment 1. Abolish Prisons? Abolish Punishments? Introductory Note M. Kaba, We Do This ’Til We Free Us A. Akbar, Toward a Radical Imagination of Law L. Ben-Moshe, The Tension Between Abolition and Reform A.M. McLeod, Envisioning Abolition Democracy J. Forman Jr., Comments Offered at Criminal Justice Roundtable R. Kennedy, Say It Loud! Notes and Questions 2. Restorative Justice E. The Relevant Institutional Actors Notes Chapter 2 The Process for Determining Guilt A. An Overview of a Criminal Case B. Prosecutor’s Discretion and the Decision to Charge Introductory Notes Inmates of Attica Correctional Facility v. Rockefeller Notes on Checking the Decision Not to Prosecute Problem Notes on “Compulsory” Prosecution in Europe Note on Selective Prosecution United States v. Armstrong P. Karlan, Race, Rights, and Remedies in Criminal Adjudication Notes and Questions Problem C. Plea Bargaining Brady v. United States A.W. Alschuler, The Supreme Court, the Defense Attorney, and the Guilty Plea Notes on Plea Bargaining Note on Plea Outcomes versus Trial Outcomes A. Enker, Perspectives on Plea Bargaining A. Specter, Book Review A.W. Alschuler, The Prosecutor’s Role in Plea Bargaining S. Bibas, Plea Bargaining Outside the Shadow of Trial A.M. Crespo, The Hidden Law of Plea Bargaining Notes Notes on the Policy Debate A.W. Alschuler, Book Review Scott v. United States Bordenkircher v. Hayes D. Lynch, The Impropriety of Plea Agreements: A Tale of Two Counties Notes G.E. Lynch, Our Administrative System of Criminal Justice Notes and Questions D. Formal Trials Introductory Note 1. The Presentation of Evidence Notes Questions on Jury Instructions 2. Proof Beyond a Reasonable Doubt In re Winship Notes a. Allocating the Burden of Proof Introductory Note Patterson v. New York Notes and Questions J.C. Jeffries Jr. & P.B. Stephan, Defenses, Presumptions and Burdens of Proof in the Criminal Law b. Presumptions 3. The Role of the Jury Duncan v. Louisiana Notes G. Williams, The Proof of Guilt L.M. Ouziel, Beyond Law and Fact: Jury Evaluation of Law Enforcement H. Kalven & H. Zeisel, The American Jury J. Bowers, Upside-Down Juries D.W. Broeder, The Functions of the Jury — Facts or Fictions? United States v. Dougherty Notes and Questions on Nullification P. Butler, Racially Based Jury Nullification: Black Power in the Criminal Justice System R.L. Kennedy, Race, Crime, and the Law Note on Race-Based Nullification Notes on the Jury’s Role in Sentencing Notes and Questions on Inconsistent Verdicts Chapter 3 Defining Criminal Conduct — The Elements of Just Punishment A. Introduction B. Legality Commonwealth v. Mochan Notes McBoyle v. United States Yates v. United States Notes Problem Keeler v. Superior Court Notes Rogers v. Tennessee Note City of Chicago v. Morales S. Chapman, Court Upholds America’s Right to Hang Out Notes C. Proportionality Introductory Note J. Bentham, Principles of Penal Law H. Gross, A Theory of Criminal Justice H.L.A. Hart & A. Honoré, Causation in the Law A.C. Ewing, A Study of Punishment II: Punishment as Viewed by the Philosopher H.L.A. Hart, Law, Liberty and Morality A. von Hirsch & A. Ashworth, Proportionate Sentencing: Exploring the Principles Harmelin v. Michigan Notes D. Culpability 1. Actus Reus — Culpable Conduct a. The Requirement of Voluntary Action Martin v. State Notes and Questions People v. Newton Notes and Questions M. Kelman, Interpretive Construction in the Substantive Criminal Law M. Moore, Act and Crime Note on the Concurrence Requirement Note on Culpable Thoughts W. Blackstone, Commentaries J.F. Stephen, A History of the Criminal Law of England G. Dworkin & G. Blumenfeld, Punishments for Intentions G. Williams, Criminal Law: The General Part 2 A. Goldstein, Conspiracy to Defraud the United States b. Omissions Jones v. United States Notes Pope v. State Notes J. Kleinig, Good Samaritanism Notes on the Duties of a Bystander Notes on Duties Triggered by Special Circumstances Note on Possession c. Distinguishing Omissions from Acts Barber v. Superior Court Airedale NHS Trust v. Bland Note J. Robertson, Respect for Life in Bioethical Dilemmas — The Case of Physician-Assisted Suicide 2. Mens Rea — Culpable Mental States a. Basic Conceptions Introductory Note Regina v. Cunningham Regina v. Faulkner Notes on Common-Law Terminology State v. Hazelwood Santillanes v. New Mexico Elonis v. United States Questions on Elonis Note on the Model Penal Code Reforms Model Penal Code and Commentaries, Comment to §2.02 Notes on Applying the MPC Approach Burglary (N.Y. Penal Law §140.25) (2020) Burglary (Cal. Penal Code §§459-460) (2020) Destruction of Property (D.C. Code Ann. §22-303) (2021) b. Willful Blindness Introductory Note United States v. Jewell Notes c. Mistake of Fact Regina v. Prince Notes and Questions on Mistakes of Fact Model Penal Codes and Commentaries, Comment to §2.04 Note on Current Law People v. Olsen Questions on Olsen B (A Minor) v. Director of Public Prosecutions Garnett v. State Note on Statutory Rape d. Strict Liability Introductory Note United States v. Balint United States v. Dotterweich Morissette v. United States Staples v. United States Problems State v. Guminga Notes on Vicarious Liability Regina v. City of Sault Ste. Marie Notes Notes on the Academic Debate A. Goodhart, Possession of Drugs and Absolute Liability M. Kelman, Strict Liability: An Unorthodox View P. Johnson, Strict Liability: The Prevalent View S.J. Schulhofer, Harm and Punishment: A Critique of Emphasis on the Results of Conduct in the Criminal Law D. Husak, Strict Liability, Justice, and Proportionality V. Bergelson, Does Fault Matter? Model Penal Code and Commentaries, Comment to §2.05 e. Mistake of Law Introductory Note People v. Marrero Notes on the Rationale of Ignorantia Legis Notes on Scope of the Ignorantia Legis Doctrine Cheek v. United States Note on “Willfully” and “Knowingly” United States v. International Minerals & Chemical Corp. Liparota v. United States United States v. Ansaldi Problem Note on Mens Rea Reform Notes on Official Reliance Lambert v. California Notes and Questions Problem: The “Cultural Defense” Chapter 4 Rape A. Perspectives R. Karuturi, Rape Anxiety A. Taub, Rape Culture Isn’t a Myth. It’s Real, and It’s Dangerous M. McEwan, Rape Culture L. Gorman, Walking While Female: A Story of Sexual Assault in Broad Daylight L. Hirschman, Reckoning A. Semuels, Low-Wage Workers Aren’t Getting Justice for Sexual Harassment Notes B. Statutory Frameworks Introductory Note California Penal Code, Title 9 (1950) Model Penal Code (Proposed Official Draft 1962) California Penal Code, Title 9 (2021) New York Penal Law (2021) Wisconsin Statutes (2021) Model Penal Code, Tentative Draft No. 5 (2021) C. Actus Reus 1. Force and Coercion Introductory Note State v. Rusk Note on Force and Resistance State v. DiPetrillo Commonwealth v. Torres Notes on the Varieties of “Force” S. Estrich, Real Rape Notes on Nonphysical Coercion Problems S. Schulhofer, The Feminist Challenge in Criminal Law S. Schulhofer, Unwanted Sex M. Chamallas, Consent, Equality, and the Legal Control of Sexual Conduct D.P. Bryden, Redefining Rape 2. Absence of Consent a. Replacing Force with Non-Consent State in the Interest of M.T.S. Notes b. The Meaning of Consent State v. McFadden Notes D.N. Husak & G.C. Thomas III, Date Rape, Social Convention and Reasonable Mistakes V. Berger, Rape Law Reform at the Millennium S.J. Schulhofer, Taking Sexual Autonomy Seriously M.J. Anderson, Negotiating Sex Notes on Defective Consent 3. Deception People v. Evans Boro v. Superior Court Notes on Deception D. Mens Rea Commonwealth v. Sherry Commonwealth v. Fischer Note on the Fischer Case Notes on Mistake as to Consent D.N. Husak & G.C. Thomas III, Date Rape, Social Convention and Reasonable Mistakes C.A. MacKinnon, Feminism, Marxism, Method, and the State: Toward a Feminist Jurisprudence E. The Marital Exemption M. Hale, The History of the Pleas of the Crown People v. Liberta Notes F. The Dynamics of Reform G. Problems of Proof Introductory Notes State v. DeLawder Notes Chapter 5 Homicide A. Introduction Report of the Royal Commission on Capital Punishment, 1945-1953 California Penal Code (2021) Pennsylvania Consolidated Statutes, Title 18 (2021) New York Penal Law (2021) Model Penal Code The Penal Code of Sweden B. Legislative Grading of Intended Killings 1. The Premeditation-Deliberation Formula Introductory Note Model Penal Code and Commentaries, Comment to §210.2 Commonwealth v. Carroll State v. Guthrie Notes on Premeditation 2. Mitigation to Manslaughter a. The Concept of Provocation Girouard v. State Maher v. People Notes S.J. Morse, Undiminished Confusion in Diminished Capacity E.L. Miller (Comment), (Wo)manslaughter: Voluntary Manslaughter, Gender, and the Model Penal Code A. Gruber, A Provocative Defense Law Commission (U.K.), Report No. 290, Partial Defences to Murder Note on Nonprovoking Victims and Provoking Defendants b. The Model Penal Code Approach People v. Casassa Notes on the Model Penal Code c. The Reasonable Person Requirement Notes C. Legislative Grading of Unintended Killings 1. The Creation of Homicidal Risk a. Distinguishing Civil and Criminal Liability Commonwealth v. Welansky Notes and Questions Rex v. Bateman State v. Barnett J. Hall, General Principles of Criminal Law People v. Hall Notes b. Objectivity and Individualization in Criminal Negligence Introductory Note State v. Williams Notes and Questions Notes on the Objective Standard Problem c. Distinguishing Murder from Manslaughter Commonwealth v. Malone Notes United States v. Fleming Notes and Questions 2. The Felony-Murder Rule a. The Basic Doctrine Regina v. Serné People v. Stamp Notes on the Scope of the Felony-Murder Rule Notes on the Rationale of the Felony-Murder Rule People v. Washington T.B. Macaulay, A Penal Code Prepared by the Indian Law Commissioners, Note M G.P. Fletcher, Reflections on Felony-Murder J.J. Tomkovicz, The Endurance of the Felony-Murder Rule Model Penal Code and Commentaries, Comment to §210.2 Note on the MPC Solution Notes on the Misdemeanor-Manslaughter Rule Notes on Statutory Reform Notes on Judicial Reform b. The “Inherently Dangerous Felony” Limitation People v. Phillips Notes on Inherent Danger “In the Abstract” Hines v. State Notes on Inherent Danger “As Committed” c. The Merger Doctrine People v. Burton Notes on the Merger Doctrine People v. Chun Questions d. Killings Not “In Furtherance” of the Felony Introductory Note State v. Canola Notes Chapter 6 The Significance of Resulting Harm A. Causation 1. Foreseeability and Coincidence People v. Acosta Notes and Questions Notes on “Factual” and “Proximate” Cause People v. Arzon People v. Warner-Lambert Co. Notes on Foreseeability and Risk M. Hale, Pleas of the Crown Regina v. Cheshire State v. Shabazz United States v. Main Note on Omissions as Causes Note on the Rationale of the Causation Requirement Notes on Transferred Intent 2. Subsequent Human Actions a. Subsequent Actions Intended to Produce the Result People v. Campbell People v. Kevorkian Notes on Assisted Suicide Notes on Intervening Human Action Notes on Subsequent Acts of Third Parties b. Subsequent Actions That Recklessly Risk the Result Introductory Notes Commonwealth v. Root Problems State v. McFadden Commonwealth v. Atencio Notes and Questions B. Attempt 1. Introduction J.F. Stephen, A History of the Criminal Law H.L.A. Hart, The Morality of the Criminal Law J. Feinberg, Equal Punishment for Failed Attempts A. Gruber, A Distributive Theory of Criminal Law S.J. Schulhofer, Attempt Model Penal Code §5.05(1) Model Penal Code and Commentaries, Comment to §5.05 Note 2. Mens Rea Smallwood v. State Notes and Questions 3. Preparation versus Attempt King v. Barker People v. Rizzo Notes Note on the Interaction Between Actus Reus and Abandonment McQuirter v. State Notes and Questions Notes on Substantive Crimes of Preparation Notes on Stalking United States v. Jackson Note on Statutory Reform Problems 4. Solicitation State v. Davis United States v. Church Note Notes on Solicitation 5. Impossibility People v. Jaffe People v. Dlugash Notes on Impossibility United States v. Berrigan United States v. Oviedo The Case of Lady Eldon’s French Lace Comment Note Chapter 7 Group Criminality A. Accountability for the Acts of Others Introductory Notes S.H. Kadish, A Theory of Complicity 1. Mens Rea Introductory Note a. Mens Rea for Actions of the Principal Hicks v. United States Problem: Variations on Hicks State v. Gladstone Notes and Questions Rosemond v. United States Notes and Questions Note on Substantive Crimes of Facilitation b. Mens Rea for Results and Attendant Circumstances State v. McVay Commonwealth v. Roebuck Notes and Questions People v. Russell Notes c. The Natural and Probable Consequences Theory People v. Luparello Roy v. United States Notes and Questions 2. Actus Reus a. Encouragement Wilcox v. Jeffery Questions on Encouragement as Actus Reus b. The Materiality of the Aid State ex rel. Attorney General v. Tally, Judge Problems on the Materiality of the Aid or Encouragement Given 3. The Relationship Between the Liability of the Parties State v. Hayes Vaden v. State Notes and Questions Notes and Problems on the Derivative Nature of Accomplice Liability Notes on Differences in the Degree of Culpability B. Conspiracy Introductory Notes 1. Conspiracy as a Form of Accessorial Liability Pinkerton v. United States State v. Bridges Notes on the Merits of Pinkerton Notes on Pinkerton and Minor Participants Transitional Note 2. The Actus Reus of Conspiracy Introductory Note United States v. Alvarez Notes United States v. Apple, Inc. Problems Notes on the Overt-Act Requirement 3. The Mens Rea of Conspiracy People v. Lauria Notes on Mens Rea 4. The Duration and Scope of a Conspiracy Notes 5. Single or Multiple Conspiracies? Model Penal Code and Commentaries, Comment to §5.03 Kotteakos v. United States Anderson v. Superior Court United States v. Bruno United States v. Borelli Problem United States v. McDermott Questions Note on Multiple Objectives Note on the Model Penal Code Approach Model Penal Code and Commentaries, Comment to §5.03 6. Parties Gebardi v. United States Notes Garcia v. State Notes 7. Reassessing the Law of Conspiracy P. Johnson, The Unnecessary Crime of Conspiracy N.K. Katyal, Conspiracy Theory C. Liability Within the Corporate Framework 1. Liability of the Corporate Entity New York Central & Hudson River Railroad Co. v. United States Questions United States v. Hilton Hotels Corp. Notes Problem Commonwealth v. Beneficial Finance Co. State v. Community Alternatives Missouri, Inc. Notes 2. Punishing the Corporate Entity: The Problem of Sanctions Introductory Note United States v. Guidant LLC Notes 3. Liability of Corporate Agents Introductory Note Gordon v. United States Note United States v. Park Notes United States v. MacDonald & Watson Waste Oil Co. Notes Chapter 8 Exculpation A. Introduction: The Concepts of Justification and Excuse J.L. Austin, A Plea for Excuses B. Principles of Justification 1. Protection of Life and Person United States v. Peterson Note on Self-Defense as a Justification People v. Goetz Notes on the Goetz Case J. Berger, Goetz Case: Commentary on Nature of Urban Life S.L. Carter, When Victims Happen to Be Black Notes on Self-Defense and Race A. Gruber, Race to Incarcerate: Punitive Impulse and the Bid to Repeal Stand Your Ground American Bar Association, Report to the House of Delegates (National Task Force on and Your Ground Laws) L.S. Richardson & P.A. Goff, Self-Defense and the Suspicion Heuristic J.D. Armour, Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes L.S. Richardson & P.A. Goff, Self-Defense and the Suspicion Heuristic J. Markovitz, “A Spectacle of Slavery Unwilling to Die”: Curbing Reliance on Racial Stereotyping in Self-Defense Cases Notes on the Meaning of “Deadly Force” Notes on Standards of Judgment State v. Kelly Notes on Battering and Its Effects E. Schneider, Describing and Changing: Women’s Self-Defense Work and the Problem of Expert Testimony on Battering S. Estrich, Defending Women Note on Nonpsychological Defenses State v. Norman R.A. Rosen, On Self-Defense, Imminence, and Women Who Kill Their Batterers D. McCord & S.K. Lyons, Moral Reasoning and the Criminal Law: The Example of Self-Defense Notes on the Imminent Danger Requirement Notes and Questions on Other Issues of Self-Defense State v. Abbott Notes on the Duty to Retreat United States v. Peterson Notes and Questions 2. Protection of Property People v. Ceballos Notes on Defense of Habitation Note on Defense of Other Types of Property 3. The Use of Force in Law Enforcement Introductory Note Notes on the Legal Framework S. Mullainathan, Police Killings of Blacks: Here Is What the Data Say 4. Choice of the Lesser Evil People v. Unger Model Penal Code §3.02 Model Penal Code and Commentaries, Comment to §3.02 Notes on Prison Escape Notes on the Boundaries of the Necessity Defense Notes on Medical Necessity Notes on Economic Necessity United States v. Schoon Note Regina v. Dudley and Stephens Notes Note on Taking Life to Save Life Note on Rights versus Lives Problems 5. Euthanasia Introductory Note Cruzan v. Director, Missouri Dept. of Health Washington v. Glucksberg Notes New York State Task Force on Life and the Law, When DeathIs Sought — Assisted Suicide in the Medical Context J. Feinberg, Overlooking the Merits of the Individual Case: An Unpromising Approach to the Right to Die S.H. Kadish, Letting Patients Die: Legal and Moral Reflections C. Principles of Excuse Introductory Note 1. Introduction: What Are Excuses and Why Do We Have Them? E.R. Milhizer, Justification and Excuse: What They Were, What They Are, and What They Ought to Be S.H. Kadish, Excusing Crime 2. Duress State v. Toscano Model Penal Code §2.09 Model Penal Code and Commentaries, Comment to §2.09 Notes on the Model Penal Code Note: Necessity and Duress Compared Notes on Duress United States v. Fleming United States v. Contento-Pachon Regina v. Ruzic Problem Note on Positive Inducements 3. Intoxication Introductory Note a. Voluntary Intoxication G. Williams, Criminal Law: The General Part Roberts v. People People v. Hood State v. Stasio Notes on Voluntary Intoxication as Evidence Negating Mens Rea Model Penal Code §2.08 Model Penal Code and Commentaries, Comment to §2.08 b. Involuntary Intoxication Introductory Note Regina v. Kingston Notes 4. Mental Disorder a. The Defense of Legal Insanity Introductory Notes Notes on Administering the Insanity Defense i. Competing Formulations M’Naghten’s Case The King v. Porter Blake v. United States Model Penal Code and Commentaries (1985), §4.01 United States v. Lyons Notes on the “Volitional Prong” Controversy Notes on Changes in the Law Kahler v. Kansas Notes and Questions on Kahler Note on Abolition of the Insanity Defense H. Wechsler, Insanity as a Defense: A Panel Discussion S.J. Morse & R.J. Bonnie, Abolition of the Insanity Defense Violates Due Process N. Morris, Psychiatry and the Dangerous Criminal S.J. Morse & R.J. Bonnie, Abolition of the Insanity Defense Violates Due Process S.J. Morse, Internal and External Challenges to Culpability Model Penal Code and Commentaries, Comment to §4.01 ii. The Meaning of Wrong State v. Crenshaw Notes iii. The Meaning of “Mental Disease or Defect” State v. Guido Notes and Questions Note on the Psychopath Notes on Automatism — Sane and Insane b. Diminished Capacity United States v. Brawner Clark v. Arizona Notes on Mental Disorder to Negate Mens Rea Note on Mental Disorder as a Ground for Mitigation 5. Changing Patterns of Excuse Robinson v. California Notes Powell v. Texas State ex rel. Harper v. Zegeer Notes United States v. Moore M. Dan-Cohen, Actus Reus Notes Note on Structural and Environmental Deprivation R. Delgado, “Rotten Social Background”: Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation? Note H.L.A. Hart, Punishment and Responsibility C. Thomas, Punishment and Personhood Questions Chapter 9 Theft Offenses A. The Means of Acquisition Model Penal Code and Commentaries, Comment to §223.1 1. Trespassory Takings People v. Williams Notes Topolewski v. State Notes Note on Robbery and Extortion Note, A Rationale of the Law of Aggravated Theft California Penal Code (2021) §211 California Penal Code (2021) §212 California Penal Code (2021) §518 California Penal Code (2021) §519 Model Penal Code §222.1 Model Penal Code §223.4 Model Penal Code and Commentaries, Comment to §223.4 2. Misappropriation Nolan v. State Note on Embezzlement Notes on Appropriation of Lost Property and Property Transferred by Mistake Problem State v. Riggins Model Penal Code, §223.8 Model Penal Code and Commentaries, Comment to §223.8 Notes 3. Fraud Introductory Note Hufstetler v. State Graham v. United States Notes and Questions People v. Ashley Notes and Questions Nelson v. United States Problem 4. Blackmail State v. Harrington Notes and Questions People v. Fichtner Note Problem Note on the Rationale of Blackmail J. Lindgren, Unraveling the Paradox of Blackmail G.P. Fletcher, Blackmail: The Paradigmatic Crime D.H. Ginsburg & P. Shechtman, Blackmail: An Economic Analysis of the Law W.J. Gordon, Truth and Consequences: The Force of Blackmail’s Central Case 5. Consolidation Introductory Note Model Penal Code §223.1 New York Penal Law §155.05 (2021) New York Penal Law §155.45 (2021) Illinois Compiled Statutes Chapter 720, Section 5/16-1 (2021) California Penal Code §484(a) (2021) California Penal Code §952 (2021) B. The Property Subject to Theft 1. Traditional Theft State v. Miller Notes 2. Theft of Information United States v. Girard Notes Regina v. Stewart Note 3. Honest Services Skilling v. United States Notes C. Mens Rea People v. Brown Note People v. Jennings Regina v. Feely Notes and Questions on Intent to Restore or Pay People v. Reid Notes Chapter 10 Imposing Punishment A. What Is Punishment? 1. Imprisonment R. Delaney, S. Subramanian, A. Shames & N. Turner, Reimagining Prison R. Wright, Prisons: Prisoners, Encyclopedia of Crime and Justice Notes on Prison Conditions Note on Civil Sanctions 2. Kinds of Punishment United States v. Gementera Notes D.M. Kahan, What Do Alternative Sanctions Mean? T.M. Massaro, Shame, Culture, and American Criminal Law J. Gilligan, Violence J.Q. Whitman, What Is Wrong with Inflicting Shame Sanctions? B. Sentencing in Non-Capital Cases 1. Discretionary Sentencing Systems Williams v. New York Note, Due Process and Legislative Standards in Sentencing Notes F. Allen, The Borderland of Criminal Justice M. Frankel, Criminal Sentencing: Law Without Order Twentieth Century Fund, Task Force on Criminal Sentencing, Fair and Certain Punishment 2. Sentencing Reform Introductory Notes United States v. Vasquez F.O. Bowman, III, The Failure of the Federal Sentencing Guidelines: A Structural Analysis Notes on the Sentencing Guideline Approach United States v. Deegan D.B. Henriques & J. Healy, Madoff Goes to Jail After Guilty Pleas United States v. Bernard L. Madoff Notes and Questions Notes on the Jury’s Role in Sentencing Taking a Second Look at a Defendant’s Sentence 3. Constitutional Limits Ewing v. California Notes Graham v. Florida Notes C. Sentencing in Capital Cases 1. The Current Context 2. Theories of Punishment Applied to the Death Penalty 3. Error 4. Bias 5. Constitutional Limitations Introductory Note Gregg v. Georgia Notes Atkins v. Virginia Notes McCleskey v. Kemp Notes Appendix, American Law Institute, Model Penal Code Table of Cases Table of Authorities Index