Criminal Law and Procedure
Language: English
Pages: 832
ISBN: 1285070119
Format: PDF / Kindle (mobi) / ePub
CRIMINAL LAW AND PROCEDURE is an effective resource for learning all substantive and procedural aspects of criminal law. This practical, up-to-date text features important updates to criminal laws and statutes in the post-9/11 world, including white-collar crime, cybercrime, terrorism, standards of proof, the PATRIOT Act, and much more. Available with InfoTrac Student Collections http://gocengage.com/infotrac.
The Nature of Legislative Intent (Oxford Legal Philosophy)
Natural Law and Natural Rights (Clarendon Law)
Degradation: What the History of Obscenity Tells Us about Hate Speech
Of the fifty states, Louisiana is the only one whose legal system is not based essentially on the common law. Rather, it is based primarily on the Napoleonic Code. The new American judges and lawyers were greatly aided by Blackstone’s Commentaries on the Laws of England, published in 1769, in which Sir William Blackstone, a professor at Oxford, codified the principles of the common law. Blackstone’s seminal effort was a noble undertaking, but it demystified English law. Consequently, Blackstone’s
stipulates that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” The constitutional requirement binds all federal courts; however, the Supreme Court has held that states are not bound to abide by the grand jury requirement. Hurtado v. California, 110 U.S. 516, 4 S.Ct. 111, 28 L.Ed. 232 (1884). Sixteen to twenty-three persons serve on a federal grand jury. The number varies according to each state but usually
of the offense. In contrast, mere solicitation is generally not sufficient to constitute an attempt because attempt requires proof of an overt act to commit the intended criminal act. This principle was succinctly explained by the Idaho Supreme Court: “The solicitation of another, assuming neither the solicitor nor solicitee proximately acts toward the crime’s commission, cannot be held for an attempt.” State v. Otto, 629 P.2d 646, 650 (Idaho 1981). Is solicitation more serious than attempt? The
location of wounds inflicted. Felony Murder The common law developed a doctrine that where an accused was engaged in the commission of a felony and a homicide occurred, the felonious act was regarded as a substitute for the proof of malice aforethought required to find the defendant guilty of murder. Thus, it became felony murder when an accused unintentionally killed a human being while committing, or attempting to commit, such common-law felonies as burglary, arson, rape, or robbery. The theory
child who makes only provision for prayer may be guilty of such criminal negligence that the parent can be found guilty of involuntary manslaughter or child endangerment. Walker v. Superior Court, 763 P.2d 852 (Cal. 1988). Other courts CHAPTER 6 Offenses against Persons ■ 123 . Distinction Between Second-Degree Murder and Manslaughter William Manuel challenged his conviction, after jury trial, for secondCASE-IN-POINT degree murder. The evidence revealed that while walking along a street on a
