Criminal law; theory and process

목차 (Table of Contents)

• CONTENTS
• Analytical Table of Contents = xvii
• Preface = lxiii
• Preface to the First Edition = lxv
• Introduction lxvii
• Introduction to the First Edition = lxix
• PART ONE The Cases of Dr. Martin and Mr. Robinson - An Introductory View of the Criminal Process = 1
• CHAPTER ONE The Disturbing Event - Official and Unofficial Community Responses = 3
• A. Legislative Decision - "Defining" the Crime = 3
• B. Decisions of a Parent, a Police Officer, a Judge, and a Prosecutor - Invoking the Criminal Process = 4
• 1. THE POLICE ARREST DR. MARTIN AND THE LOCAL NEWSPAPER INFORMS COMMUNITY = 4
• 2. THE PROSECUTOR OFFICIALLY INFORMS DR. MARTIN : THE INFORMATION = 5
• C. Defendant's and Defense Attorney's Decision - Pleading / Nolo Contendere = 5
• D. Judge's Decision - Fixing Sentence : Record of Proceedings = 7
• E. Sentence Review Board's Decision - Reexamining the Price That the Community, through the Sentencing Judge, Has Decided to Exact or Pay for Dr. Martin's Grime = 23
• 1. REMORSEFULNESS = 24
• 2. EXTENT OF HARM TO VICTIMS = 25
• 3. COMMUNITY ATTITUDE CONCERNING DR. MARTIN = 27
• 4. TREATABILITY AND AVAILABILITY OF TREATMENT OR OPPORTUNITIES FOR COMMITTING OR BECOMING THE VICTIM OF CRIMES = 31
• 5. DECISIONS OF SENTENCE REVIEW BOARD = 35
• 6. TWO VIEWS OF SENTENCE REVIEW = 38
• F. Legislative Decision : What Alternative Sanctions Should There Be to a Prison Sentence? = 50
• 1. CONFINEMENT IN A SECURITY TREATMENT CENTER = 50
• 2. CONFINEMENT IN AN INSTITUTION FOR DEFECTIVE DELINQUENTS = 54
• 3. CONFINEMENT IN A MENTAL HOSPITAL = 61
• CHAPTER TWO Absolving or Mitigating Circumstances? On the Limits and Limitations of a Law of Crimes = 65
• A. For Scientific Research Purposes = 66
• 1. A DEFENSE TO WAR CRIMES AND CRIMES AGAINST HUMANITY = 66
• 2. A DEFENSE TO "CRIMES AGAINST HUMANITY" WHEN THE SUBJECTS ARE INMATES = 76
• B. For Therapeutic Purposes - Declaratory Judgments by What Agencies of Decision? = 97
• 1. A DEFENSE TO THE CRIME OF ASSAULT = 97
• 2. A DEFENSE TO CRIMES OF SEEKING INFORMATION AND COUNSELING PERSONS ON THE USE OF CONTRACEPTIVES = 101
• 3. A DEFENSE TO THE CRIME OF ABORTION = 119
• CHAPTER THREE Should Euthanasia Be a Crime? A Problem for the Legislature = 141
• A. Formulating the Nature and Scope of Inquiry = 145
• 1. BY COURT DECISION = 145
• 2. BY QUESTIONNAIRE = 147
• 3. BY AN OBSERVER = 150
• B. Should Euthanasia Be a Crime? Or a Defense to a Crime? = 155
• 1. LEGISLATIVE PROPOSALS = 155
• 2. WHOSE DISCRETION? = 160
• 3. THREE DECISIONS TO DIE = 164
• CHAPTER FOUR When and Under What Conditions to Parole or Pardon - The Martin Case Revisited = 173
• A. The Parole Board Decides = 173
• 1. THE MARTIN FILE = 175
• 2. A NEW PAROLE BOARD = 178
• 3. TWO CASES FOR THE NEW PAROLE BOARD = 187
• 4. STATISTICAL TECHNIQUES AS AIDS IN PAROLE SELECTION = 211
• B. The Pardon Board Decides = 222
• 1. THE STATUTE = 222
• 2. COMMENTARY = 223
• 3. A DECISION IN ANOTHER JURISDICTION = 225
• C. Martin Decides = 226
• CHAPTER FIVE Another Introduction to the Process of State Intervention : California v. Robinson = 227
• A. The Complaint = 227
• B. Bail = 228
• C. Reporter's Transcript of Proceedings = 229
• 1. THE TRIAL = 229
• 2. HEARING ON PROBABLE CAUSE = 230
• 3. RULING OF THE COURT ON LEGALITY OF THE SEARCH = 232
• 4. RESUMPTION OF THE TRIAL = 233
• 5. INSTRUCTIONS-TO-THE-JURY FORM(AS EDITED BY THE COURT, AND GIVEN IN THIS CASE) = 236
• 6. VERDICT = 242
• 7. SENTENCING = 242
• D. Appeal to the Supreme Court = 243
• E. Petition for Rehearing = 248
• 1. THE STATE SEEKS DISMISSAL BECAUSE OF APPELLANT'S DEATH = 248
• 2. BRIEF AMICUS CURIAE OF AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA = 248
• 3. PETITION FOR REHEARING DENIED = 248
• PART TWO Promulgating a Criminal, Penal, Correctional, Or"?" Code = 251
• CHAPTER SIX What Are the Differences between Civil and Criminal Law? = 253
• A. From Fiction - "Criminal" = 253
• B. From Reality - "Civil" = 255
• 1. TUBERCULOSIS = 255
• 2. NARCOTICS ADDICTION = 259
• 3. SEX PSYCHOPATHY - THE MADDOX CASE = 263
• 4. JUVENILE DELINQUENCY = 271
• 5. MENTAL ILLNESS = 288
• C. From Reality - Criminal" = 292
• 1. FAMILY FIGHTING = 292
• 2. PUBLIC DRUNKENNESS = 296
• 3. CONTEMPT OF COURT = 302
• D. The Problem Reexamined = 314
• 1. CIVIL OR CRIMINAL: A QUESTION OF PROCEDURE = 314
• 2. CIVIL OR CRIMINAL: A QUESTION OF METHOD = 314
• CHAPTER SEVEN Is a Law of Crimes Indispensable? = 319
• A. In Existing Societies = 319
• 1. FROM AN ANTHROPOLOGIST = 319
• 2. FROM A SOCIOLOGIST = 320
• B. In "Utopian" Societies = 322
• 1. COMMUNIST = 322
• 2. ANARCHIST = 323
• CHAPTER EIGHT What Are the Purposes of Sanctions in a Criminal Process? = 325
• A. Deprivation of Life = 327
• 1. PREVERDICT = 327
• 2. POSTCONVICTION = 341
• B. Pretrial Deprivation of Free Movement = 390
• 1. POLICE DECISIONS TO DETAIN TEMPORARILY, TO QUESTION, AND TO FRISK = 390
• 2. LEGISLATIVE DECISIONS TO STOP, TO REPORT, AND TO IDENTIFY = 415
• C. Pretrial Deprivation of Privacy and Property = 422
• 1. BY TRADING IMMUNITY FOR WAIVER OF RIGHT NOT TO INCRIMINATE SELF = 422
• 2. BY EAVESDROPPING = 428
• 3. BY INFORMANT = 442
• 4. BY SEARCH = 445
• 5. BY QUESTIONING ARRESTED PERSONS = 469
• D. Enforcing Constitutional Safeguards - Policing Pretrial Sanctions = 476
• 1. BY EXCLUSION OF EVIDENCE = 476
• 2. BY AWARD OF MONEY DAMAGES = 494
• 3. BY INJUNCTION = 498
• 4. BY DISMISSING INDICTMENT - AFTER "ENTRAPMENT" = 502
• E. Deprivations Imposed to Circumvent the Criminal Process Harassment = 508
• 1. BY POLICE SURVEILLANCE = 508
• 2. BY POLICE ARREST = 514
• 3. BY GRAND JURY PRESENTMENT = 517
• 4. BY PROSECUTOR DECISION TO NOLLE PROSEQUI AN INDICTMENT = 523
• F. Deprivation of Liberty Pending Trial or Appeal = 525
• 1. BY "EXCESSIVE" BAIL = 525
• 2. BY PREVENTIVE DETENTION STATUTE = 540
• 3. BY DETENTION AS SEX PSYCHOPATH = 547
• 4. BY DETENTION AS INCOMPETENT TO STAND TRIAL = 552
• G. Discretion to Invoke the Trial Process - Indictment = 556
• 1. PROSECUTOR = 556
• 2. GRAND JURY AND THE PROSECUTOR = 564
• H. To Stand or to Waive Trial - The Plea Bargain = 569
• Ⅰ. Requisites of a Fair Trial = 578
• 1. REPRESENTATION BY COUNSEL = 578
• 2. TRIAL BY JURY = 583
• 3. ACCESS TO EVIDENCE = 584
• 4. RIGHT TO REMAIN SILENT = 587
• 5. PROOF OF GUILT = 588
• 6. PRESENCE AT TRIAL-ORDER IN COURT = 606
• J. Incarceration After Conviction - The Garcia Cases = 613
• 1. THE PROCESS OF IMPOSING SENTENCE = 613
• 2. THE PROCESS OF ADMINISTERING SENTENCE = 641
• K. Alternatives to Incarceration After Conviction = 683
• 1. PROBATION = 683
• 2. FINE = 691
• 3. PAROLE = 695
• 4. REGISTRATION = 705
• 5. BANISHMENT = 710
• L. Comments on the Purposes and Effects of Official Sanctions = 711
• 1. A JUDGE AND LEGAL HISTORIAN = 711
• 2. A PHILOSOPHER = 712
• 3. A PSYCHOANALYST = 716
• 4. A PSYCHOANALYST AND A LAWYER = 718
• 5. A PROFESSOR OF LAW = 721
• 6. A PHILOSOPHER = 722
• M. What Should a Purposes Section of a Penal or Correctional Code Contain? = 724
• 1. AN ACT = 724
• 2. PROPOSAL FOR A PENAL CODE = 724
• 3. PROPOSAL FOR A CORRECTIONAL CODE = 725
• CHAPTER NINE What Are the Requisites of a Crime? = 729
• A. American Law Institute's Proposal = 730
• B. Act - What Is It? = 734
• 1. ACT OF BODILY MOVEMENT = 734
• 2. ACT OF OMISSION = 739
• 3. ACT OF STATUS = 749
• 4. ACT OF POSSESSION = 754
• 5. VOLUNTARINESS OF THE ACT = 756
• C. Culpability - What State of Mind Must Accompany What Material Elements of an Offense? = 767
• 1. PURPOSELY AND KNOWINGLY = 768
• 2. RECKLESSLY AND NEGLIGENTLY = 818
• D. Result - What Relationship Must Be Established between Act, Culpability, and Result? = 839
• 1. WHEN RESULT IS MORE THAN EXPECTED = 840
• 2. WHEN RESULT IS LESS THAN EXPECTED = 877
• 3. CONSPIRACY = 898
• CHAPTER TEN What Provoking Events Negate or Mitigate What Crimes? = 957
• A. Assault = 961
• B. Burglary = 965
• C. Sexual Assault = 970
• D. Prohibition of Religious Sacrament = 972
• E. Demands Which Violate Conscience = 975
• F. Evil Spirit = 985
• G. Name Calling = 989
• H. Threat to Family = 1001
• I. Threat to Fellow Prisoners = 1003
• J. Superior Orders = 1015
• K. Overcrowded Lifeboat = 1023
• L. Hunger = 1031
• M. Ockham's Razor Applied? = 1035
• CHAPTER ELEVEN Are Health and Age of the Defendant Relevant to His Criminal Liability? = 1037
• A. Defense of Insanity = 1038
• 1. THE M'NAGHTEN RULE = 1038
• 2. THE DURHAM RULE = 1042
• 3. ADMINISTERING THE DURHAM RULE = 1058
• 4. "ABANDONING" THE DURHAM RULE = 1116
• 5. WHY AN INSANITY DEFENSE? = 1120
• B. Physical and Mental Health - Mitigating or Aggravating Conditions? =1125
• 1. EPILEPSY = 1125
• 2. DRUNKENNESS = 1129
• 3. GENETIC DEFECT = 1135
• C. Chronological and Psychological Age - Mitigating or Aggravating Conditions? = 1138
• 1. YOUNG = 1138
• 2. OLD = 1146
• CHAPTER TWELVE Why Define the Crime? Fair Warning and Power Restriction = 1149
• A. Limits to Vagueness = 1151
• 1. ANALOGY - ACTS DESERVING PUNISHMENT = 1151
• 2. COMMON LAW - INJURING PUBLIC MORALS = 1153
• 3. STATUTE = 1159
• 4. COMMON LAW - MISPRISION = 1177
• B. Limits to the Delegation of Authority = 1181
• 1. TO STATE LEGISLATURES, TO DEFINE FEDERAL CRIMES BY ASSIMILATION = 1181
• 2. TO A JUDGE, TO PUNISH DESPITE JURY ACQUITTAL = 1185
• 3. TO LOCAL COMMUNITIES, TO DEFINE "OBSCENE" = 1187
• 4. TO THE POLICE, TO CONSTRUE PUBLIC DEMONSTRATION LAWS = 1197
• 5. TO A CONGRESSIONAL COMMITTEE, TO DETERMINE THE MEANING OF CONTEMPT = 1201
• C. Continuing Revision - Conflicts of Law through Time = 1207
• 1. SUBSTANTIVE = 1207
• 2. PROCEDURAL = 1213
• APPENDIX ONE The Constitution of the United States of America = 1225
• APPENDIX TWO American Law Institute Model Penal Code(Proposed Official Draft, 1962) = 1237
• Table of Cases = 1241
• Table of Authors = 1257
• Table of Books = 1261
• Subject Index = 1265