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 12th

Criminal Law
edition

JOEL SAMAHA
Horace T. Morse Distinguished Teaching Professor
University of Minnesota

Australia • Brazil • Mexico • Singapore • United Kingdom • United States

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 Criminal Law, Twelfth Edition © 2017, 2015 Cengage Learning
Joel Samaha
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 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.

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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

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 Contents
About the Author iii
Preface x
Chapter 1
Criminal Law and punishment in u.S. Society:
an overview 2
Criminal Law in U.S. Society
The Core Felonies 7
“all the rest” of U.S. Criminal law:
The “Police Power” 8
History of the Police Power 8
Police Power and Public Morals
Crimes and Noncriminal Legal Wrongs
Classifying Crimes 12
Sources of Criminal Law
State Criminal Codes 13
The model Penal Code (mPC) 14
municipal ordinances 15
The U.S. Criminal Code 16
administrative agency Crimes 17
Informal Discretionary law making 17
Criminal Law in the U.S. Federal System 19
Criminal Punishment in U.S. Society 20
The era of mass Imprisonment, 1970s–Present 20
Defining “Criminal Punishment” 21
Theories of Criminal Punishment 22
Retribution 22
Prevention 24
DETERRENCE 25
INCAPACITATIoN 26
REHABILITATIoN 26
empirical evaluation of Criminal law Theories 28
The Text-Case Method
The Parts of the Case excerpts 30
Briefing the Case excerpts 31
CASE: Carol Anne Bond (Defendant/Petitioner) v. United
States (2014) 32
Finding Cases 35
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Chapter 2
Constitutional Limits on Criminal Law 38
The Principle of Legality 40
The Ban on Ex Post Facto laws 41
The Void-for-Vagueness Doctrine 42
The Aims of the Void-for-Vagueness Doctrine 43
Defining Vagueness 44
CASE: State v. Metzger (1982) 45
5 The Rule of lenity 46
Proving Guilt in Criminal Cases 47
Proving Criminal Conduct 47
Proof in Justification and Excuse Defenses 48
The Bill of Rights and The Criminal Law 49
9 Right to “Freedom of Speech” 49
10 CASE: Commonwealth v. William P. Johnson and
Commonwealth v. Gail M. Johnson (2014) 50
Right to “Bear arms” 54
12 CASE: Woollard v. Gallagher (2013) 57
The Right to Privacy 61
CASE: Lawrence v. Texas (2003) 62
The Constitution and Criminal Punishment 65
Barbaric Punishments 65
Disproportionate Punishments 67
The Death Penalty: “Death Is Different” 68
CASE: Kennedy v. Louisiana (2008) 68
The Death Penalty for Mentally Retarded Murderers 72
The Death Penalty for Juvenile Murderers 73
Life without Parole for Juveniles 75
CASE: State v. Ninham (2011) 76
Prison Sentences 78
CASE: Ewing v. California (2003) 80
The Right to Trial By Jury and Criminal
Sentencing 83
CASE: Gall v. U.S. (2007) 86
Chapter 3
28
the Criminal act: the First principle of
Criminal Liability 94
The Elements of Criminal Liability 96
The Criminal Act (Actus Reus): The First Principle
of Liability 98
v
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:
Defense of Home and Property 186
Mens Rea, Concurrence, ignorance, and
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
CASE: Koppersmith v. State (1999) 140 defenses to Criminal Liability ii:
Liability Without Fault (Strict Liability) 142 excuses 204
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

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 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
Corporate liability 255 Solicitation Criminal objective 317
History 255
respondeat Superior (“Let the Master Answer”) 257
CASE: State v. Zeta Chi Fraternity (1997) 259
Chapter 9
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
THE MoDEL PENAL CoDE (MPC) “SUBSTANTIAL STEPS” CASE: Duest v. State (1985) 341
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

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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
ADVANCE (NHA) 359 Stalking 415
CASE: Commonwealth v. Schnopps (1983) 360 Antistalking Statutes 415
“GAY PANIC” 363 Stalking actus Reus 416
The Emotion–Act Distinction 363 Stalking mens Rea 416
CASE: Commonwealth v. Carr (1990) 364 Stalking Bad Result 417
Cyberstalking 417
Involuntary manslaughter 365
Criminal Negligence Manslaughter 367 CASE: State v. Hoying (2005) 417
CASE: State v. Mays (2000) 368 Personal Restraint Crimes 421
Unlawful Act Manslaughter 370 Kidnapping 422
Doctor-Assisted Suicide 371 Kidnapping actus Reus 423
Kinds of euthanasia 372 CASE: People v. Allen (1997) 423
Kidnapping mens Rea 425
arguments against Doctor-assisted Suicide 373
Grading Kidnapping Seriousness 425
The Intrinsically Immoral and Wrong Argument 373
The “Slippery Slope” Argument 373 False Imprisonment 426
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
PRooF BEYoND A REASoNABLE DoUBT 385 Ponzi Schemes 442
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
ExTRINSIC FoRCE 393
arson 455
DoES “No” ALWAYS MEAN “No”? 396 Arson actus Reus: Burning 456
THE KAHAN BERKoWITz ExPERIMENT 397 Arson mens Rea 457
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

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 CONTENTS ix

Criminal Mischief mens Rea 458 history of Victimless Crimes 503

CASE: Commonwealth v. Mitchell (1994) 459 Prostitution 504
Invading other People’s Property: Burglary and The History of Prostitution Laws 504
The Double Standard Today 505
Criminal Trespass 461
Court Remedies for the Double Standard 506
Burglary 461
Local Government Programs Targeting “Johns” 506
Burglary actus Reus 462
CAR FoRFEITURE 506
Circumstance Elements 463 DRIVER’S LICENSE REVoCATIoN 507
CASE: Jewell v. State (1996) 463 PUBLISHING NAMES IN VARIoUS MEDIA 507
Burglary mens Rea 464
Minor offnses: Public order or Cash Cows? 508
The Degrees of Burglary 465
CASE: U.S. Department of Justice v. Civil Rights Division
Criminal Trespass 466
The Elements of Criminal Trespass 466
(2015) 510
The Degrees of Criminal Trespass 466
Identity Theft 467 Chapter 13
CASE: Flores-Figueroa v. U.S. (2009) 469 Crimes against the State 518
Cybercrimes 471
Intellectual Property Crimes 472 Treason 520
CASE: U.S. v. Ancheta (2006) 473 Treason laws and the american Revolution 520
The Dark Net 475 Treason law since the adoption of the U.S.
CASE: U.S. v. Ulbricht (2015) 476 Constitution 522
Sedition, Sabotage, and Espionage 523
Chapter 12 Sedition 523
Sabotage 524
Crimes against public order and espionage 527
Morals 484 The History of the Espionage Act 527
The Espionage Act Today 529
Disorderly Conduct 487 Antiterrorist Crimes 531
history of Disorderly Conduct 487 “material Support and Resources” to “Terrorists” and
“quality of Life” Crimes 489 Terrorist organizations 532
Vagrancy and loitering 490 holder v. humanitarian Law project (2010) 534
Vagrancy 490 Social Media and “Material Support and Resources” 535
Loitering 491 CASE: U.S. v. Asher Abid Khan 535
Panhandling 492
Gang activity 494
Criminal Law Responses to Gang Activity 494 Glossary 544
CASE: City of Chicago v. Morales (1999) 495 Bibliography 554
Civil Law Responses to Gang Activity 499
Review of Empirical Research on Gangs and Gang Case Index 564
Activity 499
Index 568
CASE: City of Saint Paul v. East Side Boys and Selby Siders
(2009) 500
Violent Video Games 501
“Victimless Crimes” 502

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 Preface

C riminal Law was my favorite class as a first-year law student at Northwestern Uni-
versity Law School in 1958. I’ve loved it ever since, a love that has only grown
from teaching it at least once a year at the University of Minnesota since 1971. I hope
my love of the subject comes through in Criminal Law, which I’ve just finished for the
twelfth time. It’s a great source of satisfaction that my modest innovation to the study
of criminal law—the text-casebook—has endured and flourished. Criminal Law, the
text-casebook, brings together the description, analysis, and critique of general prin-
ciples with excerpts of cases edited for nonlawyers.
Like its predecessors, Criminal Law, Twelfth Edition, stresses both the general prin-
ciples that apply to all of criminal law and the specific elements of particular crimes
that prosecutors have to prove beyond a reasonable doubt. Learning the principles of
criminal law isn’t just a good mental exercise, although it does stimulate students to
use their minds. Understanding the general principles is an indispensable prerequisite
for understanding the elements of specific crimes. The general principles have lasted for
centuries. The definitions of the elements of specific crimes, on the other hand, differ
from state to state and over time because they have to meet the varied and changing
needs of new times and different places.
That the principles have stood the test of time testifies to their strength as a frame-
work for explaining the elements of crimes defined in the fifty states and in the U.S.
criminal code. But there’s more to their importance than durability; it’s also practical to
know and understand them. The general principles are the bases both of the elements
that prosecutors have to prove beyond a reasonable doubt to convict defendants and of
the defenses that justify or excuse defendants’ criminal conduct.
So Criminal Law, Twelfth Edition, rests on a solid foundation. But it can’t stand
still, any more than the subject of criminal law can remain frozen in time. The more
I teach and write about criminal law, the more I learn and rethink what I’ve already
learned; the more “good” cases I find that I didn’t know were there; and the more I’m
able to include cases that weren’t decided and reported when the previous edition went
to press.
Of course, it’s my obligation to incorporate into the twelfth edition these now-
decided and reported cases, and this new learning, rethinking, and discovery. But ob-
ligation doesn’t describe the pleasure that preparing now twelve editions of Criminal
Law brings me. It’s thrilling to find cases that illustrate a principle in terms students can
understand and that stimulate them to think critically about subjects worth thinking
about. It’s that thrill that drives me to make each edition better than the last. I hope
it will make my students—and you—more intelligent consumers of the law and social
reality of criminal law in the U.S. constitutional democracy.

organization/approach
The chapters in the text organize the criminal law into a traditional scheme that is
widely accepted and can embrace, with minor adjustments, the criminal law of any
state and/or the federal government. The logic of the arrangement is first to cover the
general part of the criminal law—namely, principles and doctrines common to all or
most crimes—and then the special part of criminal law—namely, the application of the
x general principles to the elements of specific crimes.

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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.
 PREFACE xi

Chapters 1 through 8 cover the general part of criminal law: the sources and pur-
poses of criminal law and criminal punishment; the constitutional limits on the criminal
law; the general principles of criminal liability; the defenses of justification and excuse;
parties to crime; and incomplete crimes.
Chapters 9 through 13 cover the special part of the criminal law: the major crimes
against persons; crimes against homes and property; crimes against public order and
morals; and crimes against the state.
Criminal Law has always followed the three-step analysis of criminal liability
(criminal conduct, justification, and excuse). Criminal Law brings this analysis into
sharp focus in two ways. First, the chapter sequence: Chapters 3 and 4 cover the general
principles of criminal conduct (criminal act, criminal intent, concurrence, and causa-
tion). Chapter 5 covers the defenses of justification, the second step in the analysis of
criminal liability. Chapter 6 covers the defenses of excuse, the third step. So the chapter
sequence mirrors precisely the three-step analysis of criminal liability.
Criminal Law also sharpens the focus on the three-step analysis by means of the
two kinds of Elements of Crime art. First are criminal conduct crime boxes, consisting
of a voluntary criminal act triggered by criminal intent. Second are bad result crimes,
consisting of a voluntary criminal act, criminal intent, and causing a criminal harm.
The design of these boxes is consistent throughout the book. The elements boxes
go right to the core of the three-step analysis of criminal liability, making it easier for
students to master the essence of criminal law: applying general principles to specific
individual crimes.

ELEMENTS OF MATERIAL SUPPORT TO TERRORISTS

Actus Reus Mens Rea Circumstance Criminal Conduct

(Voluntary Act) 1. Purposely or Provide aid to Material support to
1. Provide material 2. Knowingly individual terrorist terrorists
support or
resource or
2. Conceal or
disguise the
nature, location,
source, or
ownership

Changes to the twelfth edition

Criminal Law, Twelfth Edition, includes new case excerpts; an increased selection of
relevant legal and social science research; a rich collection of examples to illustrate main
points; new chapter-opening vignettes to enhance student relevancy; and numerous
new “You Decide” to give students an opportunity to prepare for on-the-job challenges.
For the first time, we have included the “Criminal Law in Focus” feature to high-
light current topics of interest in criminal law, such as relevant excerpts from the U.S.
Criminal Code, a comparison of the insanity defense myths and reality, and the Oregon
Death with Dignity Act. We have also included a running glossary to define terms as
each chapter progresses—a tool we think students will find invaluable.
Additionally, the Twelfth Edition includes entirely new sections, including some
on such high-profile topics as the ban on carrying concealed guns in churches, man-
datory life without parole for juveniles, the duty to intervene in criminal omissions,
physician-assisted suicide, “homegrown” (U.S. born and/or longtime resident non–U.S.
born) terrorists, and more.

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.
xii PREFACE

Throughout the book are also new charts and tables, and all retained graphics are
updated to reflect the most recent information available. Here are the highlights of the
changes in each chapter.

Chapter 1, Criminal Law and Punishment in U.S. Society: An Overview

NEW
• Vignette “Did he ‘intend’ to cause bodily harm?”
• Introduction “Overcriminalization and mass incarceration” Two hot button issues
that affect two aspects of CL12, namely criminal law and punishment
• Figure “Arrests 2013”
• Text Link the general discussion of the breadth and depth of criminal law and
punishment to specific chapters in the book.
• Subsections
— “Informal Discretionary Law Making” In practice, police, prosecutors, and
judges are a source of law making in the vast number of minor crimes, such as
drug offenses and disorderly conduct covered in Chapters 2 and 12.
— “The Era of Mass Imprisonment, 1970s–Present” Develops the point that U.S.
has 5% of world population and 25% of prisoners.
— “Empirical Evaluation of Criminal Law Theories” Contains the latest empiri-
cal research on retributionists and deterrence theories.
• You Decide “Was the ‘law making’ of the police and prosecutor ethical?”
• Case Excerpt Carole Anne Bond v. United States (2014) “Was the arsenic a
‘chemical weapon?’”
REVISED
• Table “Selected Crimes and Arrest Statistics, 2013”

Chapter 2, Constitutional Limits on Criminal Law

NEW
• Vignette “Violation of Doctors’ Right to Free Speech?”
• You Decide “Did the longer sentence violate the ban on ex post facto laws?”
• Subsections
— “The Rule of Lenity”
— “Proving Guilt in Criminal Cases”
• Case
— Commonwealth v. William P. Johnson and Commonwealth v. Gail M. Johnson
(2014) “Is cyberharassment free speech?”
— Woollard v. Gallagher (2013) “Does the ‘good and substantial reason’ require-
ment violate the Second Amendment?”
REVISED
• Subsection
— “Right to ‘Bear Arms’”
— “Prison Sentences”

Chapter 3, The Criminal Act: The First Principle of Criminal Liability

NEW
• Vignette “Did They Have a ‘Legal’ Duty to Act?”
• Section “Sleep Driving”

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.
 PREFACE xiii

• Case Excerpts
— State v. Newman (2013) “Did ‘sleep driving’ nullify the voluntary act require-
ment?”
— People v. Levy (2011) “Did his conduct ‘include a voluntary act’?”
— Williams v. State (2013) “Did she possess cannabis with the intent to sell, man-
ufacture, or deliver it?”
• You Decide
— “Is ‘sleep sex’ a voluntary act?”
— “Did he kill during ‘insulin shock’?”

Chapter 4, The General Principles of Criminal Liability: Mens Rea,

Concurrence, Ignorance, and Mistake
NEW
• Section “Failure of Proof ‘Defenses’: Ignorance and Mistake”
• Subsections
— “Ignorance of Law”
— “Mistake of Fact”
— “A General Ignorance of Mistake ‘Defense’”
— “Morality and Ignorance of the Law: Empirical Findings”
• Case Excerpts
— State v. Fleck (2012) “Did he intend to inflict bodily harm?”
— State v. Bauer (2014) “Did he cause the gunshot wounds?”
— State v. Jacobson (2005) “Did he qualify for a failure of proof defense?”
• Criminal Law in Focus
— “Definitions of the Three Kinds of Criminal Liability”
— “MPC Levels of Culpability”
— “Ignorance or Mistake: Model Penal Code, Section 2.04”
• You Decide
— “Which court’s decision established the most ethical public policy regarding
the control of HIV?”
— “Who’s entitled to the mistake of law defense?”
REVISED
• “Mens Rea” Major rewrite includes:
— Major Subsection Rewrites
■ “Criminal Intent”
■ “General and Specific Intent”

Chapter 5, Defenses to Criminal Liability I: Justifications

NEW
• Vignette Battered woman defense
• Subsections
— “Cohabitant Rule” Exception to Retreat Rule
— “Battered Women Who Kill Their Abusers” Major expansion of the battered
woman syndrome and the defense that grew out of it. Also statistics on domestic
partner violence
• Case Excerpt State v. Batie (2015) “Did she start the fight with her husband?”

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.
xiv PREFACE

• Criminal Law in Focus

— “Reasonableness and the Battered Woman: Donna Lee Bechtel v. Oklahoma”
— “Alabama Criminal Code Consent Law”

• You Decide
— “Do the new castle laws protect the right to defend or provide a license to
kill?”
— “Was burglary the lesser evil?”
— “Can she consent to being assaulted?”
— “Can he consent to being shot?”

REVISED
• Sections
— “Proving Defenses” Rewritten to clarify differences between perfect and imper-
fect defenses and how to prove them.
— “Choice of Evils” Rewritten to clarify and improve the elements and history of
the “general defense of necessity.”
• Case Excerpt State v. Stewart (1988) Major addition to dissent to expand on bat-
tered woman defense evidence.

Chapter 6, Defenses to Criminal Liability II: Excuses

NEW
• Vignette Myers III v. State
• Case Excerpts
— Myers III v. State (2015) “Was he guilty but mentally ill?”
— State v. Belew (2014) “Were his ‘hidden wounds’ an excuse for shooting police
officers?”
• Criminal Law in Focus
— “The Insanity Defense: Popular Myths and Empirical Reality”
— “Competence and Sanity: Critical Differences”
— “Juveniles Tried as Adults”
— “Duress Statutes in Three States”
• Figure “Percent of Afghanistan/Iraq War Vets Suffering from PTSD, Depression,
and Traumatic Brain Injuries (TBI)”
• You Decide
— “Is it ethical policy to try an eight-year-old for murder?”

REVISED
• Sections
— “The Insanity Defense” Revision to update and focus on the myth (fakers get
away with murder) and reality (defendants hardly ever plead insanity, and of
those practically none succeed).
— “The Defense of Entrapment” Update history to include modern totalitarian
government, including Moammar Ghadafi and Kim Jong-un.
— “Syndrome Defenses” Substantial new material, including empirical findings
on PTS effects on defense as it applies to the “hidden wounds” of returning
Afghanistan and Iraq War veterans.

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.
 PREFACE xv

Chapter 7, Parties to Crime and Vicarious Liability

NEW
• Vignette “Was She an Accomplice?”
• Criminal Law in Focus “Common Law Parties to Crime”
• Case Excerpts City of Waukesha v. Boehnen (2015) “Was the owner criminally
liable for selling liquor to minors?”
• You Decide “Is it wise public policy to make parents guilty for their children’s
crimes?”

Chapter 8, Inchoate Crimes

NEW
• Vignette State v. Damms
• Criminal Law in Focus
— “The Line between ‘Preparation’ and ‘Attempt’”
— “1. Did They Get ‘Very Near’ to Robbing the Clerk?” and “2.
Was It ‘Preparation’ or ‘All But the Last Act’?”
— “Why Prosecute Organized Crime under RICO?”
• Case Excerpts
— Dabney v. State (2004) “Did he attempt to commit burglary?”
— State v. King (2015) “Did he intend to kill?”
— Griffin v. Gipson (2015) “Did he conspire to commit murder?”
• You Decide “Should both women be treated equally?”

Chapter 9, Crimes Against Persons I: Murder and Manslaughter

NEW
• Section “Kinds and Degrees of Murder”
• Vignette State v. Snowden
• Criminal Law in Focus
— “Stages of Fetal Development in Feticide Statutes”
— “Proving ‘Premeditation’ and ‘Deliberation’”
— “Inherently Dangerous to Life in the Abstract Felonies”
— “Four ‘Adequate’ Provocations”
— “Provocation Jury Instruction”
— “Model Penal Code Homicide Sections”
— “Oregon Death with Dignity Act”
• Figure “Violent Crimes, 2013”
• You Decide
— “Is partial birth abortion murder?”
— “Was beating him to death with a baseball bat atrocious first-degree murder?”
— “Murder or manslaughter?”
— “Should doctor-assisted suicide be considered murder?”

Chapter 10, Crimes Against Persons II: Sex Offenses, Bodily Injury,
and Personal Restraint
NEW
• Vignette “Did he commit a felony sex offense?”

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.
xvi PREFACE

• Section
— “Does ‘No’ Always Mean ‘No’?”
— “The Kahan Berkowitz Experiment”
• Case Excerpt
— State in the Interest of S.M.I. (2012) “Did he force her to have sexual inter-
course?”
— State v. Triestman (2010) “Did he commit criminal sexual contact?”
• You Decide
— “Is criminal law the best response to promote ethical domestic violence public
policy?”
— “Should cyberbullying be a crime?”
• Table
— “Perceived Offender Characteristics in Rape and Sexual Assault Victimizations
Against Females Ages 18–24 (by post-secondary enrollment status of victim),
1995–2013”
— “Rape or Sexual Assault Victimizations Against Females Ages 18 to 24
(reported and not reported to police and reasons for not reporting, by post-
secondary enrollment status), 1995–2013”
• Revised
• Major Section Rewrite “Criminal Sexual Conduct Statutes” Added new material
on grass roots movement that swept the country and produced a revolution in rape
law, especially date rape

Chapter 11, Crimes Against Property

NEW
• Vignette “Was it theft?”
• Subsection “The Dark Net” Focuses on “…a part of the Internet most people
have never gone to because it’s an encrypted, hidden underworld that’s home to
pornography, black markets, trolls, criminals and extremists.”
• Case Excerpt
— People v. Lai Lee (2009) “Was it purse snatching or shoplifting?”
— State v. Rolon (2012) “Did he rob or steal from the victim?”
— Flores-Figueroa v. U.S. (2009) “Did he ‘knowingly’ use someone else’s
identification cards?”
— U.S. v. Ulbricht (2015) “Is he a libertarian hero or calculating drug lord?”
• Criminal Law in Focus
— “Madoff Forfeiture Order”
— “‘Purse Snatching’ vs. ‘Robbery’”
— “MPC Criminal Mischief Provision”
— “Grading Burglary”
— “Aggravated Identity Theft”
— “The Silk Road in Operation”
• Figure “Total Losses, 2012”
• Table “National Estimates of Intentionally Set Fires and Losses in Residential
Buildings”

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.
 PREFACE xvii

REVISED
• Major Section Revision “Cybercrimes”

Chapter 12, Crimes Against Public Order and Morals

NEW
• Section “Minor Offenses: Public Order or Cash Cows?” An investigation of
whether police practices promote public order or only generate income for city
governments. The section homes in on the Ferguson MO PD and the US DOJ’s
reports: one clearing Officer Darren Wilson of shooting Michael Brown and the
other condemning the FPD’s use of minor city offenses (jaywalking) to pay for the
city government’s operation.
• Case Excerpt U.S. Department of Justice v. Civil Rights Division (2015) “Investi-
gation of the Ferguson Police Department”
• Criminal Law in Focus
— “Model Penal Code Elements of Special Disorderly Conduct Sections”
— “Many Conservatives Are Blowing It on the DOJ Ferguson Report”
REVISED
• Major Section Revisions
— “Violent Video Games” Especially empirical research on the scientific link be-
tween violent video games and criminal behavior.
— “Prostitution” Reduce coverage of the history of prostitution, and of the “dou-
ble standard” for johns and sex workers.
• Figure “Total Prostitution Arrests, 2013”

Chapter 13, Crimes Against the State

NEW
• Vignette Social media and cybercrime
• Case Excerpt U.S. v. Asher Abid Khan (2015)
• Criminal Law in Focus
— “Selected Provisions and Definitions of Terrorism in the United States Code”
— “U.S. Criminal Code ‘Material Support and Resources’ Provisions”
• You Decide
— “Did they commit sabotage?”
— “Which should be banned as ‘material support and resources’ to terrorists?”
REVISED
• Major Section Revision “‘Material Support and Resources’ to ‘Terrorists’ and
Terrorist Organizations”
• Section
— “The History of the Espionage Act” Streamlined, including other rarely pros-
ecuted crimes against the state.
— “The Espionage Act Today” Updated to include espionage cases and punish-
ments up to 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.
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