Criminal Law and Procedure
Language: English
Pages: 688
ISBN: 1111312729
Format: PDF / Kindle (mobi) / ePub
Authoritative, comprehensive, and current, Criminal Law and Procedure, 6th edition delivers cutting-edge coverage of every aspect of the law and the duties a paralegal is expected to perform. It strikes the ideal balance between theoretical law and cutting-edge developments as it explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more.
Legal Reason: The Use of Analogy in Legal Argument
The Lawyer Bubble: A Profession in Crisis
Digital Barbarism: A Writer's Manifesto
established tradition of prosecuting acts because of their homosexual character. The policy of punishing consenting adults for private acts was not much discussed in the early legal literature. We can infer that one reason for this was the very private nature of the conduct. Despite the absence of prosecutions, there may have been periods in which there was public criticism of homosexuals as such and an insistence that the criminal laws be enforced to discourage their practices. But far from
behavior is limited. This is because the actions of every member of society have the potential, at times, to affect other members. The total absence of government is anarchy, and few people believe that freedom results from anarchy. Without government, there would be little control over behavior. No system would exist to punish those who intentionally injure others. No system would exist to allow someone injured by the negligence of another to recover his or her losses. There would be no
penalties, such an imprisonment, even if the sentences fall within statutory limits. While agencies may not sentence individuals to imprisonment, legislatively endorsed, noncriminal deprivations of freedom may be ordered by agencies in rare circumstances, such as during quarantines, for psychiatric evaluations and treatment, and to detain illegal immigrants. An interesting issue that has arisen in recent years is the extent to which private parties may be delegated governmental powers. For
juror, or anyone else for that matter, believes the lie, and the purpose is not achieved, it is a crime. Causation is not an issue in such crimes. For crimes that do require a particular result, the act must be the “cause” of the result. In criminal law, two forms of causation exist: factual and legal. If either of these “causes” is missing, then a defense as to the intent of the crime exists. Even if so, the actor may be convicted of a lower, non-intent crime. An act is the cause in fact of the
element that distinguished embezzlement from larceny was the taking requirement. Whereas larceny required a trespassory taking, embezzlement required lawful acquisition. Accountants, lawyers, bailees, executors of estates, and trustees are examples of those who can commit embezzlement. To satisfy the mens rea requirement of embezzlement, it must be shown that the defendant possessed an “intent to defraud.” Mere negligent conversion of another’s property is not embezzlement. Because the mens rea
