Nelson Higher Education

Higher Education

Criminal Law and Procedure, 6th Edition

  • Daniel E. Hall
  • ISBN-10: 1111312729
  • ISBN-13: 9781111312725
  • 640 Pages | Hardcover
  • Previous Editions: 2009, 2004, 2000
  • COPYRIGHT: 2012 Published
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Overview

About the Product

An excellent resource for both paralegal and criminal justice students, Criminal Law and Procedure, 6th edition provides high-level, comprehensive coverage of both criminal law and criminal procedure. This authoritative text delivers extensive coverage of every aspect of the law and the duties a paralegal is expected to perform. Combining theoretical law with cutting-edge developments, the text explores foundational concepts as well as emerging trends such as cyber crime, new laws stemming from the Patriot Act, terrorism, and more. Case excerpts spark lively student discussions, while a variety of pedagogical features help sharpen students' problem solving and analytical skills. The book is an excellent resource for combined criminal law and criminal procedure classes, or it can easily be split for use by programs that divide the two subjects.

Features

  • "Ethical Considerations" features appear in every chapter, challenging readers to think critically about ethical dilemmas from real-world practice.

  • Reflecting the dynamics of today's CJ system, the text includes expansive coverage of such key topics as terrorism, treason, national security crimes, the Patriot Act, cyber crime, virtual child pornography, corporate crime in the age of S-O, civil liberties, racial profiling, electronic surveillance, thermo imaging and more.

  • Featuring a clear and comprehensive presentation, CRIMINAL LAW AND PROCEDURE, 6th edition delivers thorough coverage in a unique style that challenges learners without overwhelming them.

  • Cases reinforce content and promote the development of case analysis skills.

  • The book's intriguing sidebars spark lively class discussions and student interest in issues involving the criminal justice system and criminal law.

About the Author

Daniel E. Hall

Daniel E. Hall has practiced law in both the United States and Federated States of Micronesia. He is professor and chair of the department of justice and community studies at Miami University where he is also professor of political science and affiliate professor of Black World Studies. He also holds the position of visiting professor of law at Sun Yat-sen University in Guangzhou, China. For nine years, Professor Hall was a member of the faculty in the department of criminal justice and legal studies at the University of Central Florida. He also served as chair of the department of criminal justice at The University of Toledo. A widely respected authority on public law, Professor Hall is the author of 21 textbooks (including subsequent editions) and a dozen journal articles on public law subjects. He earned his bachelor's degree at Indiana University, his Juris Doctor at Washburn University, and his Doctor of Education (higher education curriculum and instruction) at the University of Central Florida.

Table of Contents

Part I: CRIMINAL LAW.
1. Introduction to the Legal System of the United States.
Federalism. Separation of Powers. The Structure of the Court System. Duties and Powers of the Judicial Branch. Comparing Civil Law and Criminal Law. The Authority of Government to Regulate Behavior. The Purposes of Punishing Criminal Law Violators. Specific and General Deterrence. Incapacitation. Rehabilitation. Retribution. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
2. Introduction to Criminal Law.
The Distinction between Criminal Law and Criminal Procedure. Sources of Criminal Law. The Common Law. Statutory Law. Ordinances. Administrative Law. Court Rules. The Model Penal Code. Constitutional Law. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
3. The Two Essential Elements.
Mens Rea. Mens Rea and the Common Law. Strict Liability. Vicarious Liability. Current Approaches to Mens Rea. Proving Mens Rea. Motive. Actus Reus. Voluntariness. Thoughts and Statements as Acts. Personal Status as an Act. Possession as an Act. Omissions as Acts. Causation. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
4. Crimes Against the Person.
Studying Crimes. Homicide. Homicide and the Common Law. Statutory Approaches to Homicide. Manslaughter. The Model Penal Code Approach to Homicide. Life, Death, and Homicide. Suicide. Corpus Delicti. Assault and Battery. Aggravated Assault and Battery. Mayhem. Sex Crimes. Rape. Nonforcible Rape. Sodomy. Rape Shield Laws.
Incest. Sex Offenses Against Children. Megan's Laws, Commitment, and Castration.
Kidnapping and False Imprisonment. Kidnapping. Parental Kidnapping. False Imprisonment. Stalking. Civil Rights and Hate Crimes. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
5. Crimes Against Property and Habitation.
Arson. Burglary. Theft Crimes. Introduction to Theft Crimes. Larceny. Embezzlement. False Pretenses. Receiving Stolen Property. Robbery. Extortion. Consolidated Theft Statutes. Identity Theft. The Model Penal Code Consolidation. Destruction of Property. Computer Crimes. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
6 Crimes Against the Public.
Defining a "Crime Against the Public". Crimes Against Public Morality. Prostitution and Solicitation. Deviate Sexual Conduct. Indecent Exposure and Lewdness. Obscenity. Regulating the Internet. Crimes Against the Public Order. Riot and Unlawful Assembly. Disturbing the Peace. Incitement/Advocacy of Unlawful Conduct. Threats. Vagrancy and Panhandling. Crimes Involving Firearms. Drug and Alcohol Crimes. Crimes Against the Administration of Government. Perjury. Bribery. Tax Crimes. Obstruction of Justice. Contempt. Crimes Against Sovereignty and Security. Treason. Sedition and Espionage. Terrorism. Crimes Against the Environment. Clean Water Act. Clean Air Act. Comprehensive Environmental Response, Compensation and Liability Act. Resource Conservation and Recovery Act. Occupational Safety and Health Act. Toxic Substances Control Act. Federal Insecticide, Fungicide, and Rodenticide Act. Emergency Planning and Community Right-to-Know Act. Endangered Species Act. Marine Mammal Protection Act. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
7. Parties and Inchoate Offenses.
Parties to Crimes. Inchoate Crimes. Attempt. Conspiracy. Solicitation. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
8. Factual and Statutory Defenses.
"Defense" Defined. Affirmative Defenses. Insanity. M'Naghten. Irresistible Impulse. Durham. The Model Penal Code Test. Guilty But Mentally Ill. Procedures of the Insanity Defense. Disposition of the Criminally Insane. Insanity at the Time of Trial. Duress and Necessity. Use-of-Force Defenses. Self-Defense. Defense of Others. Defense of Property and Habitation. Imperfect Self-Defense. Arrests. Infancy. Intoxication. Mistake. Entrapment. Alibi and Consent. Statutes of Limitation. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
9. Constitutional Defenses.
Introduction. Double Jeopardy. Self-incrimination and Immunity. Due Process and Equal Protection. Vagueness and Overbreadth. Ex Post Facto and Bills of Attainder. First Amendment and Religion. First Amendment and Speech. Privacy and other Unenumerated Rights. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
PART II: CRIMINAL PROCEDURE.
10. Introduction and Participants.
Criminal Procedure Defined. A Common-law, Adversarial, and Accusatorial System. The Due Process Model. The Participants. Law Enforcement Officers. Prosecutors. Judges. Defense Attorneys. Victims. Liability of Governments and Their Officials. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
11. Constitutional Aspects of Criminal Procedure.
Introduction. Incorporation. Expansion of Rights. Exclusionary Rule. Fruit of the Poisonous Tree Exceptions. Standing. State Constitutions and the "New Federalism". Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
12. Searches, Seizures, and Arrests.
The Fourth Amendment. Privacy. Probable Cause. Searches and Seizures. The Warrant Requirement. Exceptions to the Search Warrant Requirement. Arrest. Defining Arrest. The Warrant Preference. Arrests in Protected Areas. Search Incident to Arrest and the Protective Sweep. Executing Arrest Warrants. Illegal Arrests. Analyzing Fourth Amendment Problems. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
13. Interrogation and Other Law Enforcement Practices.
Interrogations, Confessions, and Admissions. Miranda. Sixth Amendment. Voluntariness Requirement. Electronic Surveillance. Governing Statutes. Wiretaps. Tracking Devices.
Stored Communications and Subscriber Records. Pen Registers and Trap Devices. Pretrial Identification Procedures. Lineups and One-Man Showups. The Fairness Right. Photographs. Scientific Identification Procedures. Exclusion of Improper Identifications. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
14. The Pretrial Process.
Introduction. Discovery and Investigation of Criminal Activity. Arrest. The Complaint. Initial Appearance. Pretrial Release and Detention. Types of Release. Eighth Amendment. Detention. Preliminary Hearing. The Formal Charge. Indictment and Grand Jury. Information. Arraignment. Pretrial Activity. Discovery. Motion Practice. Pretrial Conference. Extradition and Detainers. Removal. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
15. Trial.
Trial Rights of Defendants. The Right to a Jury Trial. The Right to a Public Trial. The Right to Confrontation and Cross-Examination. The Presumption of Innocence/Burden of Proof. The Right to Speedy Trial. The Right to Counsel. Trial Procedure. Voir Dire. Preliminary Instructions. Opening Statements. The Prosecution's Case in Chief. The Defense Case. Rebuttal. Closing Arguments. Final Instructions. Jury Deliberations and Verdict. JNOV/New Trial. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
16. Sentencing and Appeal.
Sentencing. Sentencing Procedure. Forms of Punishment. Habitual Offender Statutes. Postconviction Remedies. Appeal. Habeas Corpus. Web Links. Key Terms. Review Questions. Problems & Critical Thinking Exercises. End Notes.
Appendix A: The Constitution of the United States of America.
Appendix B: Selected Excerpts from the Model Penal Code.
Appendix C: Briefing and Analyzing Cases.
Glossary.
Index.

New to this edition

  • Reflecting the latest laws, regulations, and practices, CRIMINAL LAW AND PROCEDURE, 6th edition is packed with new and updated material to keep readers current with changes in both the law and the criminal justice disciplines.
  • All the data--including crime, courts, and law enforcement--are completely up to date.
  • Information on how to brief a case has been expanded and moved into the appendices.
  • More reader friendly than ever, the Sixth Edition includes nearly a dozen new illustrations, diagrams, and summary tables to make material livelier and easier to understand. Additions include a new exhibit comparing mens rea and motive, a graphic on the breaking element of burglary, a flowchart on the incorporation of rights analysis, a standards of proof illustration, a new table summarizing significant Miranda cases, a trial rights diagram, a case briefing process diagram, and more.
  • The text covers Supreme Court decisions through early 2010. Several new edited Supreme Court cases have been added, including recent decisions concerning crush videos, death penalty for child rapists, home possession of firearms, the right to cross-examine forensic scientists who perform tests, ineffective assistance of counsel, and automobile searches.

Supplements

All supplements have been updated in coordination with the Main title.
Please see Main title page for new to this edition information.

Instructor Supplements

CourseMate Instant Access  (ISBN-10: 1111644942 | ISBN-13: 9781111644949)

Cengage Learning's Paralegal CourseMate brings course concepts to life with interactive learning, study, and exam preparation tools that support the printed textbook.

Online Instructor's Manual  (ISBN-10: 1111312737 | ISBN-13: 9781111312732)

The instructor's Manual serves as an instructional resource and provides teaching tips or guidelines, essay questions, answers to review and test questions, key objectives, glossary, appendices and exercises for content reinforcement.

Instructor Resource CD-ROM  (ISBN-10: 1111312753 | ISBN-13: 9781111312756)

The Instructor Resources CD-ROM includes an Instructor's Manual, Computerized Test Bank in ExamView and customizable PowerPoint presentations.

Certified Paralegal Review Manual: A Practical Guide to CP Exam Preparation  (ISBN-10: 1418031976 | ISBN-13: 9781418031978)

Like the exam itself, this comprehensive manual is known in the field for high standards of paralegal professionalism and excellence. This latest edition is an invaluable resource for those preparing to take the Certified Legal Assistant (CLA) /Certified Paralegal (CP) Examination administered by the National Association of Legal Assistants. The manual first describes the CLA/CP exam in detail so that readers are well-prepared for the essential elements of the test--including aspects of grading, retake policy, eligibility requirements, preparation for the exam, group study, and taking the examination. It then delves into specific content areas of the test including legal terminology, communications, administrative law, and bankruptcy law. This third edition thoroughly covers each section of the exam with extensive outlines, examples, facts, and charts for review. Sample tests, study tips, and overall best practices are provided to fully prepare test-takers on their way to success.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides an opportunity for students to review, enhance and demonstrate their knowledge and practical application of the law. Achievement of learning objectives is shown through development of a portfolio of student work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and students organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing students with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. Students can evaluate their knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display their ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam. In addition to the benefits to students, this text offers guidance to educational programs undertaking a meaningful assessment of learning outcomes. Review of student portfolios and success rates on the comprehensive substantive assessment present student data to be utilized in continuous curriculum development. The Instructor's Resources include a sample course outline, exit exam and portfolio grading rubric.

Student Supplements

CourseMate Instant Access  (ISBN-10: 1111644942 | ISBN-13: 9781111644949)

Cengage Learning's Paralegal CourseMate brings course concepts to life with interactive learning, study, and exam preparation tools that support the printed textbook.

WebTutorâ„¢ on Angel Instant Access Code  (ISBN-10: 1133134343 | ISBN-13: 9781133134343)
WebTutorâ„¢ on WebCT Instant Access Code  (ISBN-10: 1133134335 | ISBN-13: 9781133134336)
Certified Paralegal Review Manual: A Practical Guide to CP Exam Preparation  (ISBN-10: 1418031976 | ISBN-13: 9781418031978)

Like the exam itself, this comprehensive manual is known in the field for high standards of paralegal professionalism and excellence. This latest edition is an invaluable resource for those preparing to take the Certified Legal Assistant (CLA) /Certified Paralegal (CP) Examination administered by the National Association of Legal Assistants. The manual first describes the CLA/CP exam in detail so you are well-prepared for the essential elements of the test--including aspects of grading, retake policy, eligibility requirements, preparation for the exam, group study, and taking the examination. It then delves into specific content areas of the test including legal terminology, communications, administrative law, and bankruptcy law. This third edition thoroughly covers each section of the exam with extensive outlines, examples, facts, and charts for review. Sample tests, study tips, and overall best practices are provided to fully prepare test-takers on their way to success.

Legal Studies Capstone: Assessing Your Undergraduate Education  (ISBN-10: 1111035075 | ISBN-13: 9781111035075)

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides the opportunity for you to review, enhance and demonstrate your knowledge and practical application of the law as you complete your education. Achievement of learning objectives is shown through development of a portfolio of your work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and you organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing you with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. You can evaluate your knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display your ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam.