Criminal law PDF
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C L riminal a w12 th edition JOEL SAMAHA Horace T. Morse Distinguished Teaching Professor University of Minnesota Australia • Brazil • Mexico • Singapore • United Kingdom • United States Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. 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Criminal Law, Twelfth Edition © 2017, 2015 Cengage Learning Joel Samaha WCN: 02-200-203 Product Director: Marta Lee-Perriard ALL RIGHTS RESERVED. No part of this work covered by the copyright Senior Product Manager: herein may be reproduced, transmitted, stored, or used in any form Carolyn Henderson Meier or by any means graphic, electronic, or mechanical, including but not Associate Content Developer: Julia White limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval Product Assistant: Valerie Kraus systems, except as permitted under Section 107 or 108 of the 1976 Senior Marketing Manager: Kara Kindstrom United States Copyright Act, without the prior written permission of Senior Content Project Manager: the publisher. Christy Frame Managing Art Director: Andrei Pasternak For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706. 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Purchase any of our products at your local college store or at our preferred online store www.cengagebrain.com. Unless otherwise noted, all content is © 2017 Cengage Learning Printed in the United States of America Print Number: 01 Print Year: 2015 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. For My StudentS about the author Professor Joel Samaha teaches Criminal Law and Criminal Procedure and, until 2014, Introduction to Criminal Justice at the University of Minnesota. He is both a lawyer and a historian whose primary interest is crime control in a constitutional democracy. He received his BA, JD, and PhD from Northwestern University. Professor Samaha also studied under the late Sir Geoffrey Elton at Cambridge University, England. He was named the College of Liberal Arts Distinguished Teacher in 1974. In 2007, he was awarded the title of University of Minnesota Distinguished Teaching Professor and inducted into the Academy of Distinguished Teachers. Professor Samaha was admitted to the Illinois Bar in 1962, where he practiced law briefly in Chicago. He taught at UCLA before going to the University of Minnesota in 1971. He has taught both television and radio courses in crimi- nal justice and co-taught a National Endowment for the Humanities seminar in legal and constitutional history. At the University of Minnesota, he served as chair of the Department of Criminal Justice Studies from 1974 to 1978. In addition to Law and Order in Historical Perspective (1974), an analysis of law enforcement in pre-industrial English society, Professor Samaha has transcribed and written a scholarly introduction to a set of local criminal jus- tice records from the reign of Elizabeth I. He has also written several articles on the history of criminal justice, published in the Historical Journal, Ameri- can Journal of Legal History, Minnesota Law Review, William Mitchell Law Review, and Journal of Social History. In addition to Criminal Law, he has written two other textbooks, Criminal Procedure, now in its ninth edition, and Criminal Justice, now in its seventh edition. Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Brief Contents Chapter 1 Criminal Law and punishment in u.S. Society: an overview 2 Chapter 2 Constitutional Limits on Criminal Law 38 Chapter 3 the Criminal act: the First principle of Criminal Liability 94 Chapter 4 the General principles of Criminal Liability: Mens Rea, Concurrence, ignorance, and Mistake 124 Chapter 5 defenses to Criminal Liability i: Justifications 162 Chapter 6 defenses to Criminal Liability ii: excuses 204 Chapter 7 parties to Crime and Vicarious Liability 242 Chapter 8 inchoate Crimes 270 Chapter 9 Crimes against persons i: Murder and Manslaughter 320 Chapter 10 Crimes against persons ii: Sex offenses, Bodily injury, and personal restraint 380 Chapter 11 Crimes against property 430 Chapter 12 Crimes against public order and Morals 484 Chapter 13 Crimes against the State 518 Glossary 544 Bibliography 554 Case Index 564 Index 568 iv Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Contents About the Author iii Chapter 2 Preface x Constitutional Limits on Criminal Law 38 The Principle of Legality 40 The Ban on Ex Post Facto laws 41 Chapter 1 The Void-for-Vagueness Doctrine 42 Criminal Law and punishment in u.S. Society: The Aims of the Void-for-Vagueness Doctrine 43 an overview 2 Defining Vagueness 44 CASE: State v. Metzger (1982) 45 Criminal Law in U.S. Society 5 The Rule of lenity 46 The Core Felonies 7 Proving Guilt in Criminal Cases 47 “all the rest” of U.S. Criminal law: Proving Criminal Conduct 47 The “Police Power” 8 Proof in Justification and Excuse Defenses 48 History of the Police Power 8 The Bill of Rights and The Criminal Law 49 Police Power and Public Morals 9 Right to “Freedom of Speech” 49 Crimes and Noncriminal Legal Wrongs 10 CASE: Commonwealth v. William P. Johnson and Commonwealth v. Gail M. Johnson (2014) 50 Classifying Crimes 12 Right to “Bear arms” 54 Sources of Criminal Law 12 CASE: Woollard v. Gallagher (2013) 57 State Criminal Codes 13 The Right to Privacy 61 The model Penal Code (mPC) 14 CASE: Lawrence v. Texas (2003) 62 municipal ordinances 15 The Constitution and Criminal Punishment 65 The U.S. Criminal Code 16 Barbaric Punishments 65 administrative agency Crimes 17 Disproportionate Punishments 67 The Death Penalty: “Death Is Different” 68 Informal Discretionary law making 17 CASE: Kennedy v. Louisiana (2008) 68 Criminal Law in the U.S. Federal System 19 The Death Penalty for Mentally Retarded Murderers 72 Criminal Punishment in U.S. Society 20 The Death Penalty for Juvenile Murderers 73 The era of mass Imprisonment, 1970s–Present 20 Life without Parole for Juveniles 75 CASE: State v. Ninham (2011) 76 Defining “Criminal Punishment” 21 Prison Sentences 78 Theories of Criminal Punishment 22 CASE: Ewing v. California (2003) 80 Retribution 22 Prevention 24 The Right to Trial By Jury and Criminal DETERRENCE 25 Sentencing 83 INCAPACITATIoN 26 CASE: Gall v. U.S. (2007) 86 REHABILITATIoN 26 empirical evaluation of Criminal law Theories 28 Chapter 3 The Text-Case Method 28 the Criminal act: the First principle of The Parts of the Case excerpts 30 Criminal Liability 94 Briefing the Case excerpts 31 CASE: Carol Anne Bond (Defendant/Petitioner) v. United The Elements of Criminal Liability 96 States (2014) 32 The Criminal Act (Actus Reus): The First Principle Finding Cases 35 of Liability 98 v Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. vi ContentS The “Voluntary” act Requirement 99 Proving Defenses 164 CASE: State v. Burrell (1992) 100 Self-Defense 165 Sleep Driving 101 elements of Self-Defense 166 CASE: State v. Newman (2013) 102 Nonaggressor 166 Epileptic Seizures 106 CASE: State v. Batie (2015) 166 CASE: People v. Levy (2011) 106 Necessity, Proportionality, and Reasonable Belief 168 Status, Actus Reus, and the Constitution 110 CASE: U.S. v. Haynes (1998) 169 omissions as Criminal Acts 112 CASE: People v. Goetz (1986) 171 CASE: Commonwealth v. Pestinikas (1992) 114 Retreat 176 Possession as a Criminal Act 118 Domestic Violence 177 CASE: Williams v. State (2013) 119 Cohabitant Rule 177 Battered Women Who Kill Their Abusers 177 Chapter 4 CASE: State v. Stewart (1988) 179 Defense of others 186 the General principles of Criminal Liability: Mens Rea, Concurrence, ignorance, and Defense of Home and Property 186 New “Castle laws” 187 Mistake 124 “Right to Defend” or “License to Kill”? 188 Why the Spread of Castle Laws Now? 188 Mens Rea 126 Cases Under New Castle Laws 189 The Complexity of Mens Rea 128 JACqUELINE GALAS 190 Proving “State of mind” 129 RoBERT LEE SMILEY, JR. 190 Criminal Intent 129 SARBRINDER PANNU 190 General and Specific Intent 131 UNIDENTIFIED GAS MART CLERK 191 CASE: State v. Fleck (2012) 131 “Choice of Evils” 192 The model Penal Code (mPC) levels of Culpability 133 CASE: Toops v. State (1994) 194 Purposely 135 Consent 197 CASE: State v. Stark (1992) 135 CASE: State v. Shelley (1997) 198 Knowingly 137 CASE: State v. Jantzi (1982) 138 Recklessly 139 Chapter 6 Negligently 140 defenses to Criminal Liability ii: CASE: Koppersmith v. State (1999) 140 excuses 204 Liability Without Fault (Strict Liability) 142 CASE: State v. Loge (2000) 143 The Insanity Defense 206 Concurrence 146 history of the Insanity Defense 207 Causation 146 The Insanity Defense: myths and Reality 209 Factual Cause 147 Proving Insanity 210 legal (“Proximate”) Cause 147 Tests of Insanity 212 CASE: State v. Bauer (2014) 148 The Right–Wrong Test (mcNaughtan Rule) 212 Failure of Proof “Defenses”: Ignorance and CASE: Myers III v. State (2015) 213 Mistake 151 The Irresistible Impulse Test 219 The Product of Mental Illness Test (Durham Rule) 220 Ignorance of law 152 The Substantial Capacity Test (Model Penal Code Test) 220 Mistake of Fact 152 a General Ignorance or mistake “Defense” 152 The Defense of Diminished Capacity 221 CASE: State v. Jacobson (2005) 154 The Excuse of Age 222 morality and Ignorance of the law: CASE: State v. K.R.L. (1992) 224 empirical Findings 156 The Defense of Duress 226 The Problem with the Duress Defense 227 Chapter 5 The elements of Duress 227 defenses to Criminal Liability i: The Defense of Intoxication 228 Justifications 162 The Defense of Entrapment 229 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. CoNTeNTS vii Subjective entrapment Test 230 Voluntary Abandonment 294 CASE: Oliver v. State (1985) 231 CASE: Le Barron v. State (1966) 296 objective entrapment Test 233 Conspiracy 298 Syndrome Defenses 233 Conspiracy Actus Reus 298 Premenstrual Syndrome (PmS) 234 The Agreement 299 Post-Traumatic Stress Disorder (PTSD) 234 The Overt Act 299 CASE: State v. Belew (2014) 236 Conspiracy Mens Rea 299 Parties to Conspiracy 300 The Criminal objective of the Conspiracy 301 Chapter 7 large-Scale Conspiracies 301 parties to Crime and Vicarious CASE: Griffin v. Gipson (2015) 302 Liability 242 The Racketeer Influenced and Corrupt organizations Act (RICo) 307 Parties to Crime 244 Prosecuting organized Crime 308 Participation Before and During the Commission Prosecuting White Collar Crime 309 of a Crime 245 Prosecuting Government Corruption 309 accomplice Actus Reus 246 Punishing RICo offenders 310 CASE: State v. Ulvinen (1981) 247 CASE: Alexander v. U.S. (1993) 310 accomplice Mens Rea 250 Solicitation 312 Participation after the Commission of a Crime 251 Solicitation Actus Reus 312 CASE: State v. Chism (1983) 252 Solicitation Mens Rea 314 Vicarious Liability 255 CASE: State v. Schleifer (1923) 314 Solicitation Criminal objective 317 Corporate liability 255 History 255 respondeat Superior (“Let the Master Answer”) 257 Chapter 9 CASE: State v. Zeta Chi Fraternity (1997) 259 Individual Vicarious liability 262 Crimes against persons i: CASE: City of Waukesha v. Boehnen (2015) 262 Murder and Manslaughter 320 CASE: State v. Akers (1979) 265 Criminal Homicide in Context 322 Chapter 8 The Meaning of “Person” or “Human Being” 324 When Does life Begin? 324 inchoate Crimes 270 When Does life end? 328 Attempt 272 Murder 329 attempt law history 273 history of murder law 329 CASE: Dabney v. State (2004) 274 elements of murder 331 The Rationales for Criminal attempt law 277 Murder actus Reus 332 Murder mens Rea 332 The elements of Criminal attempt law 278 Attempt mens Rea 278 Kinds and Degrees of Murder 333 CASE: State v. King (2015) 279 First-Degree murder 334 Attempt actus Reus 281 Death Penalty and First-Degree Murder 334 ALL BUT THE LAST ACT TEST 283 First-Degree Murder mens Rea 335 “DANGERoUS PRoxIMITY To SUCCESS” TEST 283 Proving “Intent to Kill”: The Deadly Weapon Doctrine 337 “INDISPENSABLE ELEMENT” TEST 283 CASE: State v. Snowden (1957) 338 “UNEqUIVoCALITY” TEST 284 First-Degree Murder actus Reus 341 “PRoBABLE DESISTANCE” TEST 284 CASE: Duest v. State (1985) 341 THE MoDEL PENAL CoDE (MPC) “SUBSTANTIAL STEPS” TEST 285 Second-Degree murder 343 CASE: George Lee Mims, Sr. v. U.S. (1967) 286 CASE: People v. Thomas (1978) 344 Defenses to attempt liability 288 Depraved heart murder 346 Legal Impossibility 288 Felony murder 346 CASE: State v. Damms (1960) 290 Corporation murder 349 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. viii CONTENTS CASE: People v. O’Neil (1990) 350 Rape mens Rea 403 Statutory Rape 404 Manslaughter 353 Criminal Sexual Contact 404 Voluntary manslaughter 355 CASE: State v. Triestman (2010) 405 Adequate Provocation 356 “Sudden Heat of Passion” with No “Cooling-Off” Bodily Injury and Threats of Bodily Injury Crimes 407 Period 357 Battery 407 Causation 358 assault 408 PRoVoCATIoN BY WoRDS 358 Domestic Violence Crimes 410 PRoVoCATIoN BY INTIMATES 359 CASE: Hamilton v. Cameron (1997) 411 PRoVoCATIoN BY NoNVIoLENT HoMoSExUAL Stalking 415 ADVANCE (NHA) 359 Antistalking Statutes 415 CASE: Commonwealth v. Schnopps (1983) 360 Stalking actus Reus 416 “GAY PANIC” 363 The Emotion–Act Distinction 363 Stalking mens Rea 416 Stalking Bad Result 417 CASE: Commonwealth v. Carr (1990) 364 Cyberstalking 417 Involuntary manslaughter 365 CASE: State v. Hoying (2005) 417 Criminal Negligence Manslaughter 367 CASE: State v. Mays (2000) 368 Personal Restraint Crimes 421 Unlawful Act Manslaughter 370 Kidnapping 422 Doctor-Assisted Suicide 371 Kidnapping actus Reus 423 CASE: People v. Allen (1997) 423 Kinds of euthanasia 372 Kidnapping mens Rea 425 arguments against Doctor-assisted Suicide 373 Grading Kidnapping Seriousness 425 The Intrinsically Immoral and Wrong Argument 373 False Imprisonment 426 The “Slippery Slope” Argument 373 arguments in Favor of Doctor-assisted Suicide 373 Doctor-assisted Suicide and the Criminal law 376 Chapter 11 Public opinion and Doctor-assisted Suicide 376 Crimes against property 430 Chapter 10 History of Criminally Taking other People’s Crimes against persons ii: Sex offenses, Property 433 Bodily injury, and personal restraint 380 larceny and Theft 434 CASE: People v. Lai Lee (2009) 435 Sex offenses 382 White-Collar Crime 438 The New Criminal Sexual Conduct Regime 384 Federal Mail Fraud 438 The Law 384 CASE: U.S. v. Maze (1974) 439 Ponzi Schemes 442 PRooF BEYoND A REASoNABLE DoUBT 385 PRooF BY WoRDS AND NoNVERBAL Civil Liability 445 CoMMUNICATIoN 386 Robbery 445 The Culture 386 Robbery actus Reus (Criminal Act) 446 Criminal Sexual Conduct Statutes 387 CASE: State v. Rolon (2012) 447 Definition and Grading 388 Robbery mens Rea (Intent) 451 Nonconsent, Force, and Resistance 389 The Degrees of Robbery 451 Corroboration 389 Receiving Stolen Property 452 Victim’s Sexual History 389 Receiving Stolen Property actus Reus 452 Marital Exception 389 Receiving Stolen Property mens Rea 452 The elements of modern Rape law 390 CASE: Sonnier v. State (1992) 453 Rape Actus Reus: The Force and Resistance Rule 391 Damaging and Destroying other People’s Property 455 CASE: Commonwealth v. Berkowitz (1992) 393 arson 455 ExTRINSIC FoRCE 393 Arson actus Reus: Burning 456 DoES “No” ALWAYS MEAN “No”? 396 Arson mens Rea 457 THE KAHAN BERKoWITz ExPERIMENT 397 INTRINSIC FoRCE 399 The Degrees of Arson 457 CASE: State in the Interest of S.M.I. (2012) 400 Criminal mischief 458 The Threat of Force 402 Criminal Mischief actus Reus 458 Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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