Emanuel法律概述: 刑法Emanuel Law Outlines: Criminal Law
分类: 图书,进口原版书,人文社科 Non Fiction ,
作者： Steven L. Emanuel AFT
出 版 社： Aspen Publishers
出版时间： 2003-12-1字数：版次： 1页数： 362印刷时间： 2003/08/01开本：印次： 1纸张： 胶版纸I S B N ： 9780735544680包装： 平装内容简介
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
目录
Preface
Casebook Correlation Chart
Capsule Summary
Chapter 1 ACTUS.REUS AND MENS REA
I. ACTUS REUS
A. Significance of"actus reus" concept
B. Distinguished from thoughts, words, possession and status
1. Statement of intent made to third party
2. Possession as criminal act
3. Status
C. Act must be voluntary
1. Model Penal Code examples
2. Reflex or convulsion
3. Unconsciousness
4. Hypnotism
5. Self-induced state
D. Omissions
1. Distinguished from affirmative
2. Limited liability for omissionsacts
Quiz Yourself on
ACTUS REUS
II.MENS REA
A. Introduction
B. General versus specific intent
1. "General intent"
2. Specific intent
C. Common law vs. statutory crimes
D. Presumption of intent
E. Different states of mind
F. "Purposely"
G. "Knowingly"
H. "Recklessly"
I. "Negligently"
J. Strict liability
1. Constitutionality
2. Interpretation
3. Typical strict-liability provisions
K. Vicarious liability
L. Mistakes of fact or law
1. Grounds for confusion
2. General mental state
3. Mistake must be "reasonable"
4. Mistake of law
5. Modern view
6. Unreasonable mistake Lesser crime theory retained
8. Mistake of law as to collateral fact
9. Mistaken belief that conduct is not a crime
10. Exceptions to general rule
Quiz Yourself on
MENS REA.
III. CONCURRENCE
A. Concurrence generally
B. Concurrence between mind and act ("temporal concurrence")
1. Mental state must cause act
2. Voluntary intoxication
3. Concurrence must be with act, not results
4. Concurrence may be with any act that is legal cause of harm
C. Concurrence between mind and result
1. Different crime occurs
2. Recklessly- or negligently-caused result
3. Felony-murder and misdemeanor-manslaughter rules
4. Same kind of harm but different degree
5. Manner of harm
6. Different victim
Quiz Yourself on
CONCURRENCE
Exam Tips on
ACTUS REAS AND MENS REA
Chapter 2CAUSATION
I. INTRODUCTION
II. CAUSE IN FACT
A. Cause in fact generally
1. Expansive test
2. "Substantial factor" test
3. Shortening of life
4. Murder victim must have been alive at time of act
5. Two people working together
III. PROXIMATE CAUSE GENERALLY
……
Chapter 3 RESPONSIBIULITY
Chapter 4 JUSTIFICATION AND EXCUSE
Chapter 5 ATTEMPT
Chapter 6 CONSPIRACY
Chapter 7 ACCOMPLICE LIABILITY AND SOLICITATION
Chapter 8 HOMICIDE,AND OTHER CRIMES AGAINST THE PERSON
Chapter 9 THEFT CRIMES AND OTHER CRIMES AGAINST PROPERTY
