The pedagogical imperatives
Author: Kris Gledhill,Ben Livings
Publisher: Taylor & Francis
The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presenting innovative approaches for securing active learning by students, and by demonstrating how criminal law can secure other worthwhile graduate attributes by introducing wider contexts. This edited collection brings together contributions from academic teachers of criminal law from Australia, New Zealand, the United Kingdom, and Ireland who have considered issues of course design and often implemented them. Together, they examine several innovative approaches to the teaching of criminal law that have been adopted in a number of law schools around the world, both in teaching methodology and substantive content. The authors offer numerous suggestions for the design of a criminal law course that will ensure students gain useful insights into criminal law and its role in society. This book helps fill the gap in research into criminal law pedagogy and demonstrates that there are alternative ways of delivering this core part of the law degree. As such, this book will be of key interest to researchers, academics and lecturers in the fields of criminal law, pedagogy and teaching methods.
Author: Thomas J. Gardner,Terry M. Anderson
Publisher: Cengage Learning
Highly accessible and student friendly, Gardner and Anderson's CRIMINAL LAW, 13th Edition, combines a traditional presentation and organization with a prescriptive approach to teaching criminal law. A longtime market leader -- a favorite of professors and students alike for over three decades -- is ideal for instructors who want a more narrative, descriptive approach with fewer lengthy case excerpts. Updated throughout, the text exposes students to the language of criminal law without overwhelming them, while delivering comprehensive coverage of all the major components of substantive criminal law. Features like the chapter-opening vignettes, You Be the Judge, and Case Close-Up boxes explore current problems and issues and provide a series of problems/case studies that can be used to focus students on specific learning tasks. This edition also includes updated learning tools that help students of all backgrounds quickly master even complex legal topics. What’s more, the MindTap that accompanies this text helps students practice and master techniques and key concepts while engaging them with video cases, career-based decision-making scenarios, visual summaries, and more. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Steven L. Emanuel
Publisher: Wolters Kluwer Law & Business
The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.
Author: Joel Samaha
Publisher: Cengage Learning
Providing the undergraduate criminal law course with a nationally acclaimed blend of analysis and illustrative cases, Joel Samaha's CRIMINAL LAW has been the textbook of choice among instructors for more than 30 years. Praised for his clear, concise, and engaging writing style, Samaha presents criminal law using a combined text/casebook approach. The text is known for its methodical, careful explanations of traditional law categories as well as its inclusion of both classic and contemporary cases. Packed with the latest topics and cases, new You Decide critical thinking features, and new Criminal Law in Focus discussions, the Twelfth Edition is even more effective in helping students understand and think analytically about the underlying principles and policies that specific cases illustrate. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Doctrine, Application, and Practice
Author: Jens David Ohlin
Publisher: Wolters Kluwer Law & Business
Jens Ohlin’s Criminal Law is designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. Key Features: New chapter titled “Other Offenses Against the Person,” which includes coverage of physical battery, assault, and kidnapping (Chapter 15). Integrated notes throughout the casebook directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom. More cases added to represent the plurality of approaches in different jurisdictions. The addition of several “classic” criminal law cases familiar to law school professors. More examples in the “Doctrine” section of each chapter. “Practice and Policy” section in each chapter urges students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others Innovative pedagogy emphasizes application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles)
Author: Katheryn Russell-Brown,Angela J. Davis
Criminal Law provides students with an integrated framework for understanding the U.S. criminal justice system with a diverse and inclusive interdisciplinary approach and thematic focus. Authors Katheryn Russell-Brown and Angela J. Davis go beyond the law and decisions in court cases to consider and integrate issues of race, gender, and socio-economic status with their discussion of criminal law. Material from the social sciences is incorporated to highlight the intersection between criminal law and key social issues. Cases, rewritten by the authors, are featured throughout the text, including detailed summaries for seminal cases which shed light on criminal law principles. The coverage is conceptual and practical, showing students how the criminal law applies in the "real world"--not just within the pages of a textbook.
Author: Joanna Nicholson
The act of fighting or being a fighter has certain consequences in international law. The most obvious example can be found in international humanitarian law, where a distinction is drawn between fighters and civilians, with fighters being military objectives and civilians being protected from attack. Another example is from international human rights law, where it has been held that the particular characteristics of military life have to be taken into account when interpreting the human rights of members of state armed forces. This volume focuses on the field of international criminal law and asks the question: what relevance does fighting have to victimhood in international criminal law? Among the topics which are explored are: how have international criminal courts and tribunals untangled lawful casualties of war from victims of war crimes? How have they determined who is a member of an organised armed group and who is not? What crimes can those who fight be victims of during hostilities? When does it become relevant in international criminal law that an alleged victim of a crime was a person hors de combat rather than a civilian? Can war crimes be committed against members of non-opposing forces? Can persons hors de combat be victims of crimes against humanity and genocide? What special considerations surround peacekeepers and child soldiers as victims of international crimes? The author carries out an in-depth exploration of case law from international criminal courts and tribunals to assess how they have dealt with these questions. She concludes that the import of fighting upon victimhood in the context of international criminal law has not always been appreciated to the extent it should have been.
Author: Joshua Dressler
Publisher: Carolina Academic Press LLC
Category: Criminal law
This comprehensive and clearly written Understanding treatise is frequently cited by scholars and courts in their analysis of substantive criminal law, and has been a popular source of assistance to criminal law students for the past quarter century. Understanding Criminal Law is designed to be taught in conjunction with any casebook. The topics covered are those most often raised in criminal law casebooks, and coverage of these subjects is meant to complement professors' classroom discussions. The text focuses on the basic elements of, and defenses to, all crimes; provides in-depth coverage of such crimes as homicide, rape, and theft; and covers other important topics covered in the Criminal Law course, such as accomplice and inchoate liability. Understanding Criminal Law also covers theories of punishment, sources of the criminal law, and overarching principles such as legality and proportionality. The common law is emphasized with extensive comparisons to the Model Penal Code and modern statutes. This edition offers the most significant updating ever, including coverage of quickly-changing legal areas, such as sexual assault and self-defense law. Recent and ongoing revisions to the Model Penal Code are also covered.
Author: Philipp Kastner
International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Author: John Scheb, II
Publisher: Cengage Learning
Category: Social Science
Building on the strengths of prior editions, CRIMINAL PROCEDURE, Seventh Edition, includes updated cases and added real-world examples. This successful and time-tested text couples a classic organization and traditional presentation of case law with cutting-edge coverage of recent trends in law and procedure. The authors’ combined academic and practical legal experience provides students with firsthand insights into the American legal system, while ample pedagogy and uniquely accessible writing make the text very student friendly. Utilizing extensive case material, this book covers the historical background of criminal procedure and includes the latest Supreme Court decisions and other developments in criminal justice today. This is one of two updated splits of the combined CRIMINAL LAW AND PROCEDURE, Eighth Edition (c. 2014), by the same authors. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Steven Yannoulidis
Category: Social Science
By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.
Beyond the Criminal Law
Author: Nicola Henry,Anastasia Powell,Asher Flynn
Category: Political Science
This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.
The Discovery of J. Edgar Hoover's Secret FBI
Author: Betty Medsger
The never-before-told full story of the history-changing break-in at the FBI office in Media, Pennsylvania, by a group of unlikely activists—quiet, ordinary, hardworking Americans—that made clear the shocking truth and confirmed what some had long suspected, that J. Edgar Hoover had created and was operating, in violation of the U.S. Constitution, his own shadow Bureau of Investigation. It begins in 1971 in an America being split apart by the Vietnam War . . . A small group of activists—eight men and women—the Citizens Commission to Investigate the FBI, inspired by Daniel Berrigan’s rebellious Catholic peace movement, set out to use a more active, but nonviolent, method of civil disobedience to provide hard evidence once and for all that the government was operating outside the laws of the land. The would-be burglars—nonpro’s—were ordinary people leading lives of purpose: a professor of religion and former freedom rider; a day-care director; a physicist; a cab driver; an antiwar activist, a lock picker; a graduate student haunted by members of her family lost to the Holocaust and the passivity of German civilians under Nazi rule. Betty Medsger's extraordinary book re-creates in resonant detail how this group of unknowing thieves, in their meticulous planning of the burglary, scouted out the low-security FBI building in a small town just west of Philadelphia, taking into consideration every possible factor, and how they planned the break-in for the night of the long-anticipated boxing match between Joe Frazier (war supporter and friend to President Nixon) and Muhammad Ali (convicted for refusing to serve in the military), knowing that all would be fixated on their televisions and radios. Medsger writes that the burglars removed all of the FBI files and, with the utmost deliberation, released them to various journalists and members of Congress, soon upending the public’s perception of the inviolate head of the Bureau and paving the way for the first overhaul of the FBI since Hoover became its director in 1924. And we see how the release of the FBI files to the press set the stage for the sensational release three months later, by Daniel Ellsberg, of the top-secret, seven-thousand-page Pentagon study on U.S. decision-making regarding the Vietnam War, which became known as the Pentagon Papers. At the heart of the heist—and the book—the contents of the FBI files revealing J. Edgar Hoover’s “secret counterintelligence program” COINTELPRO, set up in 1956 to investigate and disrupt dissident political groups in the United States in order “to enhance the paranoia endemic in these circles,” to make clear to all Americans that an FBI agent was “behind every mailbox,” a plan that would discredit, destabilize, and demoralize groups, many of them legal civil rights organizations and antiwar groups that Hoover found offensive—as well as black power groups, student activists, antidraft protestors, conscientious objectors. The author, the first reporter to receive the FBI files, began to cover this story during the three years she worked for The Washington Post and continued her investigation long after she'd left the paper, figuring out who the burglars were, and convincing them, after decades of silence, to come forward and tell their extraordinary story. The Burglary is an important and riveting book, a portrait of the potential power of nonviolent resistance and the destructive power of excessive government secrecy and spying.
Author: T. Kirchengast
Category: Social Science
Utilizing Foucault's genealogical method, this book traces the development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute and punish offenders informed the modern criminal law and justice system. This book advocates the victim as an agent of change, a new perspective for today's justice system.
Author: Jacqueline Martin,Tony Storey,Tony Storey, (La
Unlocking Criminal Law will help you grasp the main concepts of the subject with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Criminal Law. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts boxes throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This edition has been updated to include discussion of recent changes and developments within the module, such as the first cases under the Corporate Manslaughter and Corporate Homicide Act 2007, recent case law in the areas of self-defence, loss of control, intoxication, constructive manslaughter, and sexual offences, as well as expanded chapters on defences and additional opportunities for practicing problem questions. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities. Visit www.unlockingthelaw.co.uk for access to free study resources, including multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises.
Author: Christine Schwöbel
Drawing on the critical legal tradition, the collection of international scholars gathered in this volume analyse the complicities and limitations of International Criminal Law. This area of law has recently experienced a significant surge in scholarship and public debate; individual criminal accountability is now firmly entrenched in both international law and the international consciousness as a necessary mechanism of responsibility. Critical Approaches to International Criminal Law: An Introduction shifts the debate towards that which has so far been missing from the mainstream discussion: the possible injustices, exclusions, and biases of International Criminal Law. This collection of essays is the first dedicated to the topic of critical approaches to international criminal law. It will be a valuable resource for scholars and students of international criminal law, international law, international legal theory, criminal law, and criminology.
Author: John L. Worrall,Jennifer L. Moore
For courses in Criminal Law Brief. Affordable. Visual. Criminal Law provides an affordable, thought-provoking look at criminal law that uses clear writing and eye-catching visuals to get your students straight to the important concepts. By focusing on the core concepts, students will gain true understanding of the material, without becoming overwhelmed with unnecessary information. The book's conversation-starting pedagogy encourages active participation in learning, moving students beyond memorization by engaging them in the latest research findings and current events shaping the field. Updated throughout, the Second Edition covers all of the latest hot-button issues in criminal law and includes interesting, fresh, and controversial cases. All of the existing Court Decision boxes are expanded so that instructors can assign them as case briefs or delve deeper into the cases in the classroom. Criminal Law, Second Edition is also available via Revel(tm), an interactive learning environment that enables students to read, practice, and study in one continuous experience.
Cases and Materials
Author: Sanford H. Kadish,Stephen J. Schulhofer,Rachel E. Barkow
Publisher: Wolters Kluwer Law & Business
From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. Features: Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts. Notes updated to incorporate contemporary cases and recent news touching on criminal law. Inclusion of additional preeminent cases in the field of criminal law, including: Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity) Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability) Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense). Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context. Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la
Author: Yvonne McDermott
International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.
Author: David Luban
Publisher: Wolters Kluwer Law & Business
Bringing a wealth of experience and insight to a rapidly emerging field of inquiry, International and Transnational Criminal Law offers four-part coverage, dynamic perspective, and historical depth. Ideal for the international criminal law course and well suited to courses on transnational law and international law, this casebook carefully examines procedural issues, transnational crimes, and international crimes. Features: Updated throughout to reflect relevant recent Supreme Court and lower court decisions, amended statutes, developments in treaty law, and current scholarship Incorporated recent decisions of the International Court of Justice, the International Criminal Court, and the ad hoc and hybrid tribunals, particularly regarding the elements of international crimes, sentencing norms, and the prosecutor's role Expanded references to non-U.S. sources, such as the United Kingdom's Terrorism Act of 2006 and its Bribery Act of 2010 Sharpened discussion of jurisdictional as well as extradition and evidence gathering Extended the terrorism chapter by, inter alia, including the Supreme Court's decision in Holder v. Humanitarian Law Project and the Lebanon Tribunal's definition of terrorism; adding materials on the (de)listing of designated foreign terrorist organizations; and updating the materials on military commissions Rewrote the International Criminal Court chapter to focus on jurisdiction, admissibility, and the Security Council's role and to concentrate on the Office of the Prosecutor's exercise of prosecutorial judgment, illustrated through Uganda and Sudan case studies Substantially amended the modes of participation and mens rea chapter to incorporate recent decisions, eliminate unnecessary complexities, and, consistent with the ICC's practice, to focus on indirect and direct co-perpetration Updated the crimes against humanity chapter to reflect developments regarding the "group discrimination" and the "state or organizational policy" elements Revised the trafficking in people, drugs, arms, and antiquities chapter Included, in the war crimes chapter, the U.S. drone program, the crime of inflicting disproportionate "collateral" civilian damage, and developments on the crime of recruiting child soldiers Updated the torture chapter to include developments under the Obama administration Updated the Sexual Violence chapter: added the ICC's rape definition and cumulative charging decisions, and discussion of the "new" crime of forced marriage.