How Criminal Law Works

Author : Samuel H. Pillsbury
Publisher : Unknown
Page : 468 pages
File Size : 43,7 Mb
Release : 2009
Category : Criminal law
ISBN : STANFORD:36105134464325

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How Criminal Law Works by Samuel H. Pillsbury Pdf

How Criminal Law Works provides a conceptual guide to the law by introducing the reader to the special terminology, methods and traditions that inform criminal law. It pays special attention to the language of criminal law and its challenges. Designed to be highly readable, the book plainly defines all critical terms and makes no assumptions about prior knowledge of terms or concepts. The text features multiple examples setting out realistic situations which illustrate legal analysis. The book also serves as a practical guide to law by relating the law as written to the realities of law as it is often applied. Sidebars supply related discussions of particular problems or practical dilemmas. From start to finish the author integrates criminal law theory, doctrine, and practice. The book is divided into five parts: Basic Structure and Principles, Act and Mens Rea, Crimes of Violence (homicide and rape), Inchoate Liability (attempt, accomplice and conspiracy), and Defenses (insanity, self-defense, intoxication).

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2023
Category : Electronic
ISBN : 1668714779

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MACK'S CRIMINAL LAW TRIAL BOOK. by Anonim Pdf

Author : Mark Geragos,Pat Harris
Publisher : Penguin
Page : 304 pages
File Size : 51,9 Mb
Release : 2013-04-11
Category : Biography & Autobiography
ISBN : 9781101595015

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Mistrial by Mark Geragos,Pat Harris Pdf

A searing and entertaining manifesto on the ills of the criminal justice system from two of America’s most prominent defense attorneys. From the rise of the Internet and the 24-hour news cycle to the television ratings bonanza of the O.J. Simpson trial, a perfect storm of media coverage has given the public an unprecedented look inside the courtroom, kicking off popular courtroom shows and TV legal commentary that further illuminate how the criminal justice system operates. Or has it? In Mistrial, Mark Geragos and Pat Harris debunk the myths of judges as Solomon-like figures, jurors as impartial arbiters of the truth, and prosecutors as super-ethical heroes. Mistrial draws the curtain on the court’s ugly realities—from stealth jurors who secretly swing for a conviction, to cops who regularly lie on the witness stand, to defense attorneys terrified of going to trial. Ultimately, the authors question whether a justice system model drawn up two centuries ago before blogs and television is still viable today. In the aftermath of recent high-profile cases, the flaws in America’s justice system are more glaring than ever. Geragos and Harris are legal experts and prominent criminal defense attorneys who have worked on everything from celebrity media-circuses—having represented clients like Michael Jackson, Winona Ryder, Scott Peterson, Chris Brown, Susan MacDougal, and Gary Condit—to equally compelling cases defending individuals desperate to avoid the spotlight. Shining unprecedented light on what really goes on in the courtroom, Mistrial is an enjoyable, fun look at a system that rarely lets you see behind the scenes.

Author : David Perrier,Joel E. Pink
Publisher : Thomson Carswell
Page : 738 pages
File Size : 42,7 Mb
Release : 2003
Category : Law
ISBN : 0459283375

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From Crime to Punishment by David Perrier,Joel E. Pink Pdf

Author : Don Stuart
Publisher : Unknown
Page : 611 pages
File Size : 49,8 Mb
Release : 1987
Category : Criminal law
ISBN : 0459309714

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Canadian Criminal Law by Don Stuart Pdf

Author : Stephanos Bibas
Publisher : Oxford University Press
Page : 318 pages
File Size : 51,6 Mb
Release : 2012-04-26
Category : Law
ISBN : 9780195374681

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The Machinery of Criminal Justice by Stephanos Bibas Pdf

The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

Author : Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen
Publisher : Routledge
Page : 127 pages
File Size : 40,5 Mb
Release : 2017-07-06
Category : Social Science
ISBN : 9781351678636

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Criminal Law and Precrime by Richard Jochelson,James Gacek,Lauren Menzie,Kirsten Kramar,Mark Doerksen Pdf

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

Author : R. A. Duff,Lindsay Farmer,S. E. Marshall,Massimo Renzo,Victor Tadros
Publisher : OUP Oxford
Page : 250 pages
File Size : 55,5 Mb
Release : 2013-01-31
Category : Law
ISBN : 9780191655272

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The Constitution of the Criminal Law by R. A. Duff,Lindsay Farmer,S. E. Marshall,Massimo Renzo,Victor Tadros Pdf

The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Author : Gerhard Falk
Publisher : Bloomsbury Publishing USA
Page : 260 pages
File Size : 42,6 Mb
Release : 2010-03-11
Category : Law
ISBN : 9780313383489

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The American Criminal Justice System by Gerhard Falk Pdf

This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."

Author : Richard Barnhorst
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2023
Category : Electronic
ISBN : 1264926332

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Criminal Law and the Canadian Criminal Code by Richard Barnhorst Pdf

Author : Larry Laudan
Publisher : Unknown
Page : 228 pages
File Size : 42,8 Mb
Release : 2016-08-22
Category : Law
ISBN : 1848901992

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The Law's Flaws by Larry Laudan Pdf

This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

Author : Janet Loveless
Publisher : Oxford University Press, USA
Page : 866 pages
File Size : 47,7 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780199646418

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Complete Criminal Law by Janet Loveless Pdf

'Complete Criminal Law' provides a student-centred, straightforward approach to the criminal law LLB/CPE syllabus. It involves the student in an active approach to learning through the use of many learning features.

Author : Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen
Publisher : Unknown
Page : 124 pages
File Size : 53,9 Mb
Release : 2014
Category : Law
ISBN : 1552666840

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The Disappearance of Criminal Law by Richard Jochelson,Kirsten Johnson Kramar,Mark Doerksen Pdf

In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.

Author : Jerome Hall
Publisher : The Lawbook Exchange, Ltd.
Page : 656 pages
File Size : 51,8 Mb
Release : 2010
Category : Criminal law
ISBN : 9781584774983

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General Principles of Criminal Law by Jerome Hall Pdf

"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.

Author : R A Duff
Publisher : Oxford University Press
Page : 128 pages
File Size : 53,8 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191058585

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The Realm of Criminal Law by R A Duff Pdf

We are said to face a crisis of over-criminalization: our criminal law has become chaotic, unprincipled, and over-expansive. This book proposes a normative theory of criminal law, and of criminalization, that shows how criminal law could be ordered, principled, and restrained. The theory is based on an account of criminal law as a distinctive legal practice that functions to declare and define a set of public wrongs, and to call to formal public account those who commit such wrongs; an account of the role that such practice can play in a democratic republic of free and equal citizens; and an account of the central features of such a political community, and of the way in which it constitutes its public realm-its civil order. Criminal law plays an important, but limited, role in such a political community in protecting, but also partly constituting, its civil order. On the basis of this account, we can see how such a political community will decide what kinds of conduct should be criminalized - not by applying one or more of the substantive master principles that theorists have offered, but by considering which kinds of conduct fall within its public realm (as distinct from the private realms that are not the polity's business), and which kinds of wrong within that realm require this distinctive kind of response (rather than one of the other kinds of available response). The outcome of such a deliberative process will probably be a more limited, and a more rational and principled, criminal law.