| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Mã ngôn ngữ | eng | | | 342 FUCL | | Tên tác giả | Robinson, Paul H | | Thông tin nhan đề | Fundamentals of criminal law / Paul H. Robinson | | Xuẩt bản,phát hành | Boston : L,B,C, 1988 | | Mô tả vật lý | 1090p. ; 22cm
| | Tóm tắt/chú giải | An introduction to the criminal law in a common law country which is very interesting and useful for the student to make a compared research. Plea and discovery: These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice. Pre-indictment and charge: This exercise provides an overview of the sources of American substantive criminal law. Particular attention is paid to the Model Penal Code and the U.S. Sentencing Guidelines. The consent : This lesson explores the various ways in which the criminal law considers victim consent. Topics include consent as negating an offense element, consent as justification, effective consent, and limitations on consent as a defense. Justification defense: exercise focuses on the distinctions between justification and excuse defenses. Many of the major legal scholars and commentators have distinguished justification and excuse defenses. However, the modern view often blurs the distinction. This lesson points out the principal theoretical distinctions as well as the areas of substantial confusion or controversy with respect to classification, both at common law and under the Model Penal Code. The lesson also describes those circumstances in which classification one way or the other makes a difference. The student approaching this lesson should have a basic understanding of various defenses, both under the common law and the MPC. Working the lesson should significantly add to that student's ability to distinguish various defenses based on the classification of each with respect to justification versus excuse. In addition, the student should enhance his or her ability to articulate the theory and consequences of such classification. Punishment: This exercise introduces students to the four standard theories of punishment, retribution, deterrence, incapacitation, and rehabilitation. It familiarizes students with the basic features of each theory in the context of particular statutory provisions and hypotheticals drawn from the law of crimes (substantive criminal law) and the law of punishments (sentencing law). Constitutional limitations: In this exercise, students get an overview of the principle of legality. Legality is divided into four subtopics: legislativity, retroactivity, vagueness, and lenity, which are addressed in turn. Particular attention is paid to the following issues: constitutional foundations; applicability to the states; applicability to the making or the interpretation of criminal laws, and to the legislature or the judiciary; applicability to criminal and civil law, and to substantive and procedural criminal law in particular
|
|