American Criminal Law : Its People, Principles, and Evolution (Hardcover)

Chronological Table of Principal Cases Preface Part I. Liability Principles Ch. 1 Legality: Hitler’s Warmaking Adolf Hitler ? 1939 The Legality Principle Ray Brent Marsh ? 1997 Legality in the States The Strengths and Weaknesses of a Commitment to the Legality Principle Aftermaths Ch. 2 Punishment Theory: The Prince of Pickpockets The Prince of Pickpockets ? 1906 Punishment Theory and Alternative Distributive Principles William James Rummel ? 1973 Habitual Offender Treatment in the States Can the Natural Tension between Fighting Crime and Doing Justice Be Minimized? Aftermaths Appendix: Model Penal Code "Purposes" Section Amendment Ch. 3 Culpability: Homer Simpson’s Felony Murder Homer Simpson ? 1929Culpability Requirements The Felony-Murder Rule Moors Child Murderers ? 1964 Felony-Murder Liability in the States Does the Disproportionality of Punishment to Blameworthiness under the Felony-Murder Rule Help or Hurt the Criminal Law’s Goals? Aftermaths Ch. 4 Homicide Provocation: A Webster Murder at Harvard Dr. John Webster ? 1849 Provocation Dan White ? 1978 Murder Mitigation in the States Should Provocation or Extreme Emotional Disturbance Be Dealt with Simply as a Sentencing Factor? Aftermaths Ch. 5 Causation: The Grand Wizard Causes a Suicide D.C. Stephenson ? 1925 Causation Requirements Lori Drew ? 2006 Causation in the States Criminal Law’s Reliance Upon Ordinary People’s Intuitive Judgments of Causation Aftermaths Ch. 6 Consent: Marquis De Sade’s Sadomasochism The Marquis de Sade ? 1768 Consent to Injury Marvin Samuels ? 1964 Consent to Injury in the States Should a Society Avoid Gaps between the Criminal Law Rules and Its Societal Norms? Consent as a Defense: Sexual Offenses Aftermaths Appendix: Revised Model Penal Code Article 213. Sexual Offenses Ch. 7 Attempt: From Child Rape to Cannibal Cop H.M. Wooldridge ? 1916 Attempt Blaec Lammers ? 2012 Current Diversity in Attempt Liability Requirements What Should Be the Objective and Culpability Requirements for Attempt? Cannibal Cop ? 2012 Fantasy and Irresolute Intention Aftermaths Ch. 8 Complicity: The Haymarket Riots August Spies ? 1886 Complicity Cardinal Bernard Law ? 2003 Current Diversity in Complicity Liability Rules What Should Be the Culpability Requirements for Complicity? Aftermaths Ch. 9 Conspiracy: Lincoln’s Non-Assassins Samuel Arnold ? 1865 Conspiracy and the Complicity Liability of Co-Conspirators Shellie Marie Schorovsky ? 1997 Diversity Among the States Regarding Pinkerton and Withdrawal Should a State Adopt the Pinkerton Rule? A Withdrawal Defense? Aftermaths Ch. 10 Omissions: The Richest Woman in America Neglects Her Son Hetty Green ? 1882 Omission Liability Rebecca and Timothy Wyland ? 2010 Diversity Among the States Regarding Child Neglect What Duties Should a Parent Have to a Child the Breach of Which Would Create Criminal Liability? Aftermaths Part II. General Defenses Ch. 11 Lesser Evils: Cannibalism at Sea Thomas Dudley ? 1884 Lesser Evils Justification Wolfgang Daschner ? 2002 Diversity Among the States for a Lesser Evils Defense Do We Really Need a General Justification (Lesser Evils/Necessity) Defense? Aftermaths Ch. 12 Self-Defense: Slave Celia Defends Against Rape Slave Celia ? 1855 Self-Defense Bernhard Goetz ? 1984 Diversity Among the States on Self-Defense To What Threats Should the Right to Use Deadly Defensive Force Be Limited? Aftermaths Ch. 13 Law Enforcement Authority: Gunfight at the OK Corral Wyatt Earp ? 1881 Law Enforcement Authority Law Enforcement Authority in the States Is the All-or-Nothing Approach to Mistake as to a Justification to be Preferred over the Sliding-Scale Approach? Elton Hymon ? 1974 Aftermaths Ch. 14 Insanity: The Assassination of President Garfield Charles Guiteau ? 1881 Insanity Defense Insanity Defense Cognitive Dysfunction in the States John Hinckley ? 1981 Insanity Defense Control Dysfunction in the States How Broad Should the Insanity Defense Be? Aftermaths Ch. 15 Immaturity: Billy the Kid’s First Killing Henry McCarty ? 1871 Immaturity Excuse Christopher Pittman ? 2001 Immaturity Defense in the States What Immaturity Defense, If Any, Should Be Available for Murder? Aftermaths Ch. 16 Statute of Limitation: Hunting Nazi War Criminals Walter Rauff ? 1962 Statute of Limitations Should Statutes of Limitation be Narrowed? Oskar Groening ? 2014 Statutes of Limitation in American States Aftermaths Ch. 17 Entrapment: Mary Queen of Scots Plots an Overthrow Mary Queen of Scots ? 1587 Entrapment Defense John DeLorean ? 1982 Entrapment Defenses in the States Is the Entrapment Defense an Excuse or a Non-Exculpatory Defense? Aftermaths Part III. Specific Offenses Ch. 18 Endangerment: Causing the Johnstown Flood South Fork Hunting and Fishing Club ? 1889 Distinguishing Intentional Killing from Culpable Risk-Taking Criminalizing Risk-Creation Alone Tequilla Newsome ? 1990 Endangerment Statutes in the States Are General Reckless Endangerment Offenses Necessary? Aftermaths Ch. 19 Extortion: Blackmailing Elvis Presley Dr. Laurenz Griessel-Landau ? 1959 Extortion Robert "Joe" Halderman ? 2009 Extortion Variations Among the States What Is the Proper Formulation for a Blackmail Offense? Aftermaths Ch. 20 Domestic Violence: Ike & Tina Turner: What’s Love Got to Do with It? Ike Turner ? 1960 Changing Views on Domestic Violence Examples of Reform: Marital Rape Exemption and Required Police Intervention Cody Latimer ? 2016 Is It Important for Criminal Law to Keep Up with the Community’s Changing Norms? Aftermaths Ch. 21 Harassment: Wooing Bette Davis Alexander Ross ? 1936 Changing Views on Stalking and Harassment Joshua Corbett ? 2014 Current State of Harassment and Stalking Offenses Do Today’s Stalking Offenses Violate the Proportionality Principle? Aftermaths Appendix: Sample Harassment and Stalking Statute Ch. 22 Statutory Rape: Oscar Wilde’s Sodomy Oscar Wilde ? 1895 Sodomy Statutory Rape Zachery Anderson ? 2014 Statutory Rape Definitions in the States Contemplating the Diversity Among the States Aftermaths Ch. 23 Adultery: Frank Sinatra and a Changing Morality Frank Sinatra ? 1938 Adultery Laura and William Geisselman ? 1919 Adultery Offenses in the States Using the Criminal Law for Morality Enforcement Is It Useful or Problematic to Have a Criminal Offense That Is Rarely If Ever Enforced? Aftermaths Ch. 24 Obscenity: Fanny Hill, the Most Prosecuted Book in History John Cleland’s Fanny Hill ? 1821 Changing Views of Obscenity Larry Flynt and Hustler Magazine ? 1976 Obscenity Offenses in the States Should Criminal Law Be in the Morality Enforcement Business? Aftermaths Ch. 25 Child Pornography: Lewis Carroll Photographs Alice in Wonderland Lewis Carroll ? 1859 Child Pornography Cormega Copening ? 2015 Protected-Age Diversity Among the States Does Child Pornography Justify the Serious Treatment It Is Given Today? Aftermaths Ch. 26 Deceptive Business Practices: Collier’s Great American Fraud Anglo-American Drug Company ? 1907 Consumer Protection Samuel Girod ? 2016 Criminalizing Deceptive Business Practices in the States Why Would a Jurisdiction Fail to Have a Full Deceptive Business Practices Offense? Aftermaths Ch. 27 Rigging Sporting Events: The Dean of Race Fixing Peter Barrie ? 1934 Attempts to Regulate Gaming Tulane Basketball ? 1985 Sports Fixing Offenses in the States Aftermaths Ch. 28 Anti-Competition: Vanderbilt’s Market Manipulation Cornelius Vanderbilt ? 1866 Responding to the Growing Power of Economic Titans and their Corporations Swift Meats ? 1905 Anti-Competition Offenses in the States How Can There Be Such a Thing as a Price So Low as to Be Criminal? Aftermaths Ch. 29 RICO: Joe Bananas Builds a Criminal Empire Joe Bonanno ? 1931 RICO David Camez ? 2010 RICO In the States Aftermaths Part IV. Supplemental Issues Ch. 30 Jurisdiction: The Aaron Burr-Alexander Hamilton Duel Aaron Burr ? 1804 Jurisdiction Danny Gayheart ? 2005 Variations in State Jurisdictional Requirements Does the Trend Toward Broader State Jurisdiction Create More Overlapping Jurisdiction Among the States for Which the Criminal Law Diversity among the States Is a Problem? Aftermaths Ch. 31 Extradition & Rendition: The Hatfields and McCoys Feud Devil Anse Hatfield ? 1888 Extradition Fugitive Transfers Between the States Why Would a State Issue a Warrant for a Violent Felon but Refuse to Extradite Him When Captured by Another State? Dr. Alvarez Machain and the Torture of DEA Agent Enrique Camarena-Salazar ? 1985 Aftermaths Ch. 32 Patterns and Themes A March Toward More Nuanced Blameworthiness Judgments Increased Governmental Willingness to Intrude in People’s Lives Criminal Law Tracking Changing Norms List of Chapter Glossary Terms Index