Criminal Law and Its Processes

9780735557949

0735557942

This edition preserves the outstanding qualities that have earned it distinguished success: - a highly respected authorship -- Kadish, Schulhofer, and new co-author Steiker -- comprised of nationally recognized and renowned scholars - cohesive intellectual framework -- by viewing the law both as a system for apportioning blame in accordance with moral norms and as an instrument of social control, it provides an analytical tool with which students can interpret and understand doctrine - a cases-and-notes pedagogy with excerpted materials, questions, and problems - a focus on developing an understanding of principles and rules applicable to all crimes, rather than the detailed and disjointed elements of many particular crimes - problems that enhance student understanding of the basic principles by testing their applications and interactions in the context of particular offenses - in-depth coverage of rape, homicide, and theft The Eighth Edition has been carefully updated: - it achieves continuity with its predecessors and makes little change in organization or coverage - most principal teaching cases have been retained, with recent cases and illustrations added - editing throughout enhances the transparency of the organization and accessibility of the notes and questions, providing greater clarity and ease of teaching - a new section gives detailed attention to issues of statutory interpretation - a new chapter on Discretion allows for study of the legal framework that governs charging, bargaining and sentencing, and the role they play in shaping determinations of culpability and punishment - greater attention is focused on the ways thatsentencing considerations and the growth of federal criminal law have affected traditional criminal law principles and practices - new attention is focused on international human rights and their implications for American criminal law - more thorough examination of common law vocabulary and doctrine and a clarified organization enable students to differentiate more systematically between the common law and Model Penal Code approaches - a completely revised section on the death penalty