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 Contents in Brief

BOXED FEATURES XVII

PREFACE XXI

PART ONE Basic Concepts of Criminal Law

1 Criminal Law: Purposes, Scope, and Sources 2
2 Jurisdiction 34
3 Essential Elements of a Crime 52
4 Criminal Liability 84
5 Criminal Responsibility and the Capacity to Commit a Crime 110
6 The Law Governing the Use of Force 136
7 Other Criminal Defenses 162
8 Criminal Punishments 196
9 Free Speech, Public Order Crimes, and the Bill of Rights 226

PART TWO Crimes Against the Person

10 Homicide 258
11 Assault, Battery, and Other Crimes Against the Person 290
12 Sexual Assault, Rape, Prostitution, and Related Sex Crimes 322

PART THREE Crimes Against Property

13 Theft 358
14 Robbery, Burglary, and Related Crimes 388
15 White-Collar Crime, Cybercrime, and Commercial Crime 414

PART FOUR Other Criminal Conduct

16 Drug Abuse and Alcohol-Related Crimes 444
17 Terrorism 472
18 Organized Crime and Gangs 494
19 Immigration Crimes, Contempt, and Other Crimes Against Government 520

APPENDIX Sections of the U.S. Constitution Related to Criminal Law 540

GLOSSARY 542
CASE INDEX 551
SUBJECT INDEX 557
vii
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 Contents

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 Contents

BOXED FEATURES xvii Summary 30

PREFACE xxi Case Analysis and Writing Exercises 32

CHAPTER 2
PART ONE Jurisdiction 34
BAsiC CONCEPTs Of CRimiNAl lAw Jurisdiction of the Federal Government
to Enact Criminal Laws 36
Federal Crimes Frequently Used to Support State
CHAPTER 1 and Local Enforcement 37
The Federal Domain—One-Third of America 39
Criminal Law: Purposes, Scope, and Federal Enclaves, Territories, and the Assimilative Crimes
Sources 2 Act 39
Important Concepts in Criminal Law 4 Nation-to-Nation Jurisdiction 42
Substantive Criminal Law 6 International Criminal Law 42
Criminal Law and Moral Law 7 Jurisdiction of the Sea Approaches to the Continental
Goals and Purposes of Criminal Law 9 United States 43
The Permissible Scope of Criminal Laws The Crimes of Piracy, Felonies Committed on the
in the United States 11 High Seas, and Offenses Against the Law
The Use and Limitations of the Police Power to Maintain of Nations 44
Public Order 11 The Military, Martial, and War Powers Jurisdiction
The Principle of “No Punishment Without of the Federal Government 44
a Law for It” 13 Jurisdiction of Military Courts 44
When U.S. Citizens or Military Are in a Foreign
Classifications of Crimes 14
Country 45
Felony and Misdemeanor 14
The Use of National Guard Troops and Curfews
General Constitutional Limitations to Assist Police with Riots and Disorders 45
on Criminal Laws 16 The Crime of the Improper Use of National
Ex Post Facto Laws 17 or State Guard Troops 46
Bills of Attainder 18
Indian Tribes within the United States 47
The Second Amendment and Gun Control 20
Due Process, “Void for Vagueness,” and the Summary 48
“Overbreadth” Doctrine 20 Case Analysis and Writing Exercises 49
Status Crimes 22
Equal Protection of the Laws 24
Sources of Criminal Law 24
CHAPTER 3
Common Law Crimes 24 Essential Elements of a Crime 52
Statutory and Administrative Crimes 28
True Crimes and Strict Liability Crimes 54
ix
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x Contents

Crimes Requiring Proof of Mental Fault 54 Infancy and Criminal Responsibility 113
Actus Reus: The Forbidden Act or Omission 56 The Juvenile Court System 116
Mens Rea: The Guilty Mind 58 The Insanity Defense 116
Proving Criminal Intent or Criminal State of Mind 62 Insanity at the Time of the Criminal Incident 116
The Requirement of Scienter 65
The Motive for Committing a Crime 67 Tests Used to Determine Insanity 117
The M’Naghten Case and the “Right and Wrong”
Strict Liability Crimes 67 Test 118
Strict Liability Laws That Seek to Protect Children 70 The “Product-of-Mental-Illness Rule”
Proximate Cause or Causation 70 and “Irresistible Impulse” 118
The Ancient Year-and-a-Day Murder Rule 72 The Model Penal Code “Substantial Capacity”
Possession Alone as a Crime 73 Test 119
The Possession of Illegal Contraband Inference 74 The Plea and Verdict of Guilty but Mentally Ill 121

The Use of Presumptions and Inferences Mental Conditions That Do Not Satisfy
in Criminal Law 76 the Insanity Defense 124
Functions of Presumptions and Inferences 76 The Defense of Diminished Capacity 125
The Presumption That All Persons Are Sane, The Requirement of Competency to Stand
Normal, and Competent 80 Trial 128
Summary 81 The Criminal Liability of Corporations 130
Case Analysis and Writing Exercises 82 Summary 132
Case Analysis and Writing Exercises 133
CHAPTER 4
Criminal Liability 84 CHAPTER 6
Preliminary, Anticipatory, and Inchoate Crimes 86 The Law Governing the Use of Force 136
Solicitation or Incitement to Commit a Crime 87
Self-Defense and the Defense of Others 138
Conspiracy to Commit a Crime 88
The Use of Deadly Force in Self-Defense
The Requirement of an Overt Act 90
or the Defense of Others 139
The Crime of Attempt 93
Loss of Self-Defense Privilege for a Wrongdoer
Impossibility in Attempt Cases 96
or an Aggressor 141
Parties to the Principal Crime 99 The “Castle” Doctrine and the Minority Duty-to-Retreat
Theories of Criminal Liability 100 Exception to That Doctrine 142
Liability for Crimes Other than the Planned Battered Women and Domestic Homicides 144
and Intended Offense 102
The Use of Force in the Defense of Property 146
Post-Crime Offenses 104
The Use of Force in Making an Arrest 148
Summary 106 Using Reasonable Force to Obtain Evidence of Drunk
Case Analysis and Writing Exercises 107 or Drugged Driving 149
Standards for the Use of Deadly Force Established
by the U.S. Supreme Court 151
CHAPTER 5 Definition of an Unreasonable Seizure Today 151
Criminal Responsibility and the Capacity Use of Force in Resisting an Unlawful Arrest 153
to Commit a Crime 110 The Use of Tasers and Other Force in
Traffic Stops 154
Ancient Concepts of Criminal Responsibility 112

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 Contents xi

Disciplining Children 156 CHAPTER 8

Summary 159
Case Analysis and Writing Exercises
CHAPTER 7
Other Criminal Defenses
Affirmative Defenses
Immunity as a Defense 165
Diplomatic Immunity 165
Legislative Immunity 166
Witness Immunity 167
Mistake or Ignorance of Fact as a Defense 168
Strict Liability Crimes and the Defense of Mistake 169
Mistake or Ignorance of Criminal Law 169
Intoxication or Drugged Condition as a
Defense 171
Duress, Coercion, or Compulsion as a
Defense 172
Necessity or Choice of Evils Defense
Can One Kill to Save Oneself?
Alibi as a Criminal Defense
Alibi Notice Statutes 177
The Defense That the Defendant Was Acting
Under the Authority, Direction, or Advice of
Another 177
The Defense of Double Jeopardy 179
The Times When Jeopardy Attaches 180
Prosecution by Both State and Federal
Governments 180
The Meaning of “Separate Offense” 182
Other Times When the Defense of Double Jeopardy
Could Not Be Used Successfully 182
Entrapment and Outrageous Government
Conduct as Defenses 184
The Defense That Another Person Committed
the Crime 188
The Right to a Speedy Trial as a Defense
The Statute of Limitations as a Defense
Summary 191
Case Analysis and Writing Exercises
Criminal Punishments 196
160
Punishments Used in Early England 198
Practices Used in England to Avoid Severe
Penalties 198
Punishment Used in Early America 200
162
The Constitutional Limitation on
164 Punishment 201
Sentencing and Jury Trials 202
Corporal Punishment 206
The Use of Corporal Punishment in Schools 207
The Use of Corporal Punishment in Prisons 208
Capital Punishment 209
Death Penalty Laws After Furman v. Georgia 209
Imprisonment as Punishment 213
Can Indigents Be Held in Jail to Work Off Their Money
Fines? 214
Fines as Punishment 216
Forfeiture as Punishment 217
173
Career Criminals and the Repeat Offender 218
175
“Three Strikes” Laws 220
176
Summary 223
Case Analysis and Writing Exercises 224
CHAPTER 9
Free Speech, Public Order Crimes, and
the Bill of Rights 226
Belief—Speech—Action: When Speech
May Be Regulated 228
The “Clear and Present Danger” Test 229
Fighting Words 230
When Does Vulgar, Insulting Language to a
Police Officer Constitute Fighting Words? 232
Convictions Upheld 233
Convictions Overturned 233
Obscene Communications 235
188
Inciting and Urging Unlawful Acts 235
190 Defamation: Libel and Slander 235
Symbolic Speech and the First
192 Amendment 238

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xii Contents

Flag Burning and Cross Burning as Symbolic The Causation Requirement 267
Speech 238 Causation and Proximate Cause 267
Threats of Violence as Crimes 240 The Year-and-a-Day Rule 268
Using the U.S. Mail, Telephones, the Internet, or E-Mail Murder 269
to Threaten Another Person 241 Intent-to-Kill and Premeditated Murder 270
Bullying: Not a Crime, but It Can Consist of Criminal The “Deadly Weapon” Doctrine 271
Conduct 242 Transferred Intent 272
Loud Noise or Nuisance Speech 243 Intent-to-Do-Serious-Bodily-Harm Murder 273
Depraved-Mind or Depraved-Heart Murder 274
Regulating the Use of Public and Private Felony Murder 275
Places 243
The Crimes of Unlawful Assembly and Rioting 244 Manslaughter 277
Definition of Manslaughter 277
Obstruction of the Law Enforcement Voluntary Manslaughter 277
Process 247
Heat of Passion Manslaughter 278
Public Nuisances as Civil or Criminal Offenses 248 Imperfect or Unlawful Force in Self-Defense
The Crime of Stalking and Violation Charged as Manslaughter 282
of Protective Orders 248 Involuntary Manslaughter 284
Crime on City Streets 249 Suicide, Assisting Suicide, and Euthanasia 284
Murder, Suicide, or Neither? 285
Gun Ownership and Registration Laws 250
The Oregon “Death with Dignity” Law 286
Regulating Guns After Heller 251
Summary 286
The Free Exercise of Religion 253
Case Analysis and Writing Exercises 287
The Right of Privacy 254
Summary 255
Case Analysis and Writing Exercises 255
CHAPTER 11
Assault, Battery, and Other Crimes
Against the Person 290
PART TwO The Crime of Assault 292
Assault with a Deadly or Dangerous Weapon 294
CRimEs AgAiNsT ThE PERsON
Battery 295
Offensive Touching Under Sexual Assault
CHAPTER 10 and Sexual Battery Statutes 295
Sports Injuries When Force Exceeds the Rules of the
Homicide 258 Game 296
Homicide in General 260 Other Physical Contact Without Consent 296
The Corpus Delicti Requirement 261 Felonious and Aggravated Assaults and
Proving Corpus Delicti in “No Body” Cases 261 Batteries 297
Body Without Proof of the Cause of Death Cases 263 Mayhem and Malicious Disfigurement 299
The Common Law “Born Alive” Requirement and Hate Crime Laws 299
the Crime of Feticide (Fetal Murder) 264 Child Abuse and Neglect 301
Proof That the Victim Was Alive at the Time Offenses Against the Liberty
of the Defendant’s Unlawful Act 265 of a Person: Kidnapping 306
When Is a Person Legally Dead? 266 Kidnapping and Hostage Taking 306

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 Contents xiii

False Imprisonment 309 Movies, Videos, and Photographs 352

Parental Kidnapping or Child Snatching 310 “Sexting,” and Nude Photos of Children Taken
The National Child Search Assistance Act 312 by Family Members 352
Family Violence and Disturbances 312 Voyeurism and Other Criminal
Domestic Violence and Women 314 Invasions of Privacy 354
Abuse of the Elderly 315 Summary 354
Violence in the Workplace 318 Case Analysis and Writing Exercises 355
Road Rage: Violent Aggressive Driving 318
Summary 319
Case Analysis and Writing Exercises 319
PART ThREE
CRimEs AgAiNsT PROPERTy
CHAPTER 12
Sexual Assault, Rape, Prostitution, and CHAPTER 13
Related Sex Crimes 322 Theft 358
Sexual Relations in the United States Today 324
General Property Concepts 360
Rape or Sexual Assault 324
Theft or Larceny 362
The Importance of Corroborative Evidence in a Rape
The Taking 362
Case 325
Defining What Property Can Be Stolen 365
Possible Responses to a Threat of Rape 326
Property of Another 369
The “Force” Required in Rape or Sexual Assault 326
Intent to Steal 371
Defenses in Acquaintance Rape or Date Rape 328
The Report of Rape Rule and the Effect of Delay Shoplifting 371
in Reporting 329 Taking and Carrying Away in Shoplifting 372
Rape Shield Laws 332 Proving the Crime of Shoplifting When the Suspect
Has Not Left the Store 372
Statutory Rape 335
The Requirement of Probable Cause Based
The Crime of Incest 336 on Personal Knowledge 374
HIV and AIDS-Related Crimes 337 Criminal or Civil Prosecution of Shoplifters? 375
Other Retail Theft Crimes 376
Laws That Require Registration for
Sex Offenders (Megan’s Law) 338 Fraudulent Use of Credit Cards 377
Credit Card Theft and Obtaining Credit Cards
Civil Commitment of Sexually
Dangerous Offenders 339 and Bank Cards for Fraudulent Use 378
Criminal Use of Bank Cards and Credit Cards 379
Prostitution 340
The Crimes of Procuring, Promoting, and Pimping Check Violations 379
for the Practice of Prostitution 340 The Crime of Uttering 380
Crimes That Require Proof That the Crime The Crime of Forgery 381
Was Committed in a Public Place 342 Operations of Check-Forging Rings 381
Passing Forged Checks and Other Counterfeit Securities
Touching or Other Conduct Done in Interstate Commerce 382
to Arouse Sexual Desire 346 Check Kiting 383
Protecting Children Against Sexual Exploitation: Summary 384
Child Pornography 347
Case Analysis and Writing Exercises 385

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xiv Contents

CHAPTER 14 Stock Market and Financial Market Frauds 424

Other Fraud Statutes in the Federal Criminal
Robbery, Burglary, and Related Code 426
Crimes 388 The Crime of Identity Theft and False Identification
Robbery 390 Documents 429
Changes in Bank Robbery 392 Counterfeiting of Money and Commercial
Distinguishing Robbery from Theft or Larceny 393 Products 432
Carjacking: A New Name for an Old Crime 394 Counterfeiting of Currency 432
Other Counterfeiting Problems 432
Home Invasion Robberies 396
Purse Snatching, Pickpocketing, and Other Thefts Computer Crime or Cybercrime 433
from a Person 396 Arson 437
Extortion 398 Essential Elements of Arson 438
Extortion by Intimidation 399 Product Tampering 438
Burglary 400 Summary 441
Breaking 401
Case Analysis and Writing Exercises 441
Unlawful Entry into Premises 401
The Dwelling House of Another 402
Nighttime 403
Intent to Commit a Felony 403 PART fOUR
Proof of Burglary When Other Crimes Are
Committed 405
OThER CRimiNAl CONdUCT
The Crime of Trafficking in Stolen Goods 406
The Fence and Fencing Stolen Property 407
When Property Loses Its Character as Stolen
CHAPTER 16
Goods 408 Drug Abuse and Alcohol-Related
Possession of Criminal or Burglary Tools 408 Crimes 444
Destroying or Damaging the Property Drug Abuse 446
of Another 409 The Frightening Drug Problem 446
Trespass 409 Illegal Drug Users 448
The Crime of Defiant Trespass 410
Drug Laws in the United States 451
Summary 410 The Uniform Controlled Substances Act 451
Case Analysis and Writing Exercises 411 Types of Possession of Controlled Substances 453
To Convict of Possession of an Illegal Drug, Must
the State Present a “Usable Amount”
CHAPTER 15 as Evidence? 454
White-Collar Crime, Cybercrime, and Delivery of Controlled Substances 455
State–Federal Clash over the Medical Use of
Commercial Crime 414
Marijuana 456
White-Collar Crime 416 Controlled Substances Used in Religious
Fraud and Fraudulent Practices 416 Ceremonies 457
Bank Fraud 416 Drug Rip-Off Cases and Simulated Drugs 458
Health Care Fraud 417 Criminal Liability for Drug-Induced Deaths 459
Intellectual Property Fraud 418 Possession or Sale of Drug Paraphernalia 460
Fraud and Corruption in Government 419 Alcohol-Related Crimes 461

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 Contents xv

Alcohol’s Relation to Crimes and Deaths 461 International Criticism of Aspects of the U.S. War
Drunk Driving: The Criminal Homicide Against Terrorism 490
Causing the Most Deaths 463 Summary 492
Elements and Defenses in Drunk-Driving
Prosecutions 465 Case Analysis and Writing Exercises 492
“Booze It and Lose It” Laws 467
When Is a Person Driving, Operating, or “In Physical CHAPTER 18
Control” of a Vehicle? 467
Summary 468
Organized Crime and Gangs 494
Organized Crime and Criminal Gangs 496
Case Analysis and Writing Exercises 469
Federal and State Laws Passed After 1970
to Fight Organized Crime 501
CHAPTER 17 Limits on Federal Jurisdiction and RICO
Prosecutions 503
Terrorism 472
The Federal Witness Protection Program
Terrorism 474
and the Crime of Witness Tampering 505
Early Terrorist Acts 476
The Crime of Money Laundering 506
International and Domestic Terrorism Transactions Covered by the Federal Money
in Recent Years 476 Laundering Statutes 507
Criminal Charges Against Terrorists 479 Currency Transaction Reports and the Crime
Terrorism and Support of Terrorism Under State of Smurfing 509
Laws 479 Other Criminal Laws Used to Fight Gangs
Other Possible Criminal Charges Against and Organized Crime 511
Terrorists 481 The Travel Act 511
The Crime of Terrorizing Extortion 511
(Terrorism by Threats) 486 Bribery 513
Kickbacks 514
The 804 Terrorism Prosecutions from 2001
to 2009 487 Mail Fraud 516
Where Did the 804 Persons Charged Come from Honest Services Fraud 516
and What Was the Conviction Rate? 487 Summary 516
What Were the Most Common Categories of Criminal Case Analysis and Writing Exercises 517
Charges Brought by the Prosecutors? 487
What Conduct Constituted a Violation of a “Terrorist
Statute”? 487 CHAPTER 19
What Conduct Constituted Violation of “National Security
Statutes”? 487
Immigration Crimes, Contempt, and
Were Terrorism Actions Used for Sentence Enhancement Other Crimes Against Government 520
Purposes? 488 Immigration Crimes 522
What Conduct Did the Study Include Under “Domestic Criminal Charges for Illegal Immigration
Terrorism”? 488 Offenses 524
How Many Prosecutions Involved Weapons of Mass Contempt 527
Destruction? 488 Civil Contempt 527
Financing Terrorism: Where Does the Criminal Contempt 528
Money Come From? 488 Contempt Is a Specific Intent Crime That Requires Proof
Moving Money into and out of the United States 489 of Intentional Wrongdoing 529

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xvi Contents

Language by a Witness or Attorney That Would Justify Summary 538

a Contempt Finding 529 Case Analysis and Writing Exercises 538
Contempt and the Crime of Failure to Appear
(Bail Jumping) 530
Crimes by Public Officials 531 APPENDIX Sections of the U.S. Constitution Related
Some Crimes Committed by Public Officials to Criminal Law 540
and Others 531
GLOSSARY 542
Crimes Against Government 533
Espionage 533 CASE INDEX 551
Obstruction of Justice 534
SUBJECT INDEX 557
Tax Evasion 536
Other Criminal Violations 537

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 Boxed features
CHAPTER 1 CHAPTER 4
Criminal Law: Purposes, Scope, and Sources Criminal Liability
Why Some Conduct May or May Not Be The Actus Reus of Attempt in State and Federal Courts 94
Designated as Criminal 7 Overt Acts: Conspiracy Versus Attempt 95
Rights of Crime Victims 8 Attempt Crimes and Internet Chat Rooms 98
Distinguishing Crime, Tort, and Moral Wrong 8 Accomplice Liability and the Pinkerton Rule 103
Factors Influencing Whether to Commit a Crime 9 If the State Can Prove One of the Following Beyond Reasonable
Quality-of-Life Crimes and the Doubt, a Person Can Be Held Criminally Liable 104
Broken Window Theory 15 Strict Liability Distinguished from Vicarious Liability 106
Victimless Crimes 16
Sorna and Ex Post Facto Claims 19 CHAPTER 5
Drowsey Driving: Can States Make It a Crime? 21
Criminal Responsibility and the Capacity
“Void for Vagueness” and “Overbreadth” Doctrines 23
Important Documents of the English-Speaking World 26 to Commit a Crime
Is the Role of Juvenile Courts Changing? 115
Common Law, Statutory, and Administrative Crimes 29
Defendants Who Were Found Not Guilty
Who Will Police the Police When Police
Because of Insanity 122
Commit Crimes? 30
Tests or Procedures Used to Determine
CHAPTER 2 Criminal Responsibility 126
Sexual Violent Predator Laws and Involuntary
Jurisdiction Civil Commitment Laws 127
Use of Extradition and Forcible Abduction A Defendant May Be Found Mentally Competent
to Bring Fugitives Before Courts 40 to Stand Trial but Incompetent to Act as His
Crimes Against Ships and Aircraft 43 or Her Own Lawyer 128
General Jurisdiction Requirements 46 May the Government Force a Defendant’s
The Tribal Law and Order Act (TLOA) of 2010 48 Competency? 129
Corporate Liability for Environmental Crimes 132
CHAPTER 3
Essential Elements of a Crime CHAPTER 6
Elements of a Crime: Actus Reus 57 The Law Governing the Use of Force
When Failure to Act Is a Crime 58 One Day Can Make a Difference 140
Innocent Acts That, If Done with Forbidden Intent, “Stand Your Ground” and Unlawful Activity 142
Are Crimes 64 How Rules on Use of Force Evolved 143
To Know or Not Know: That Is the Question 66 When Force Cannot Be Used 146
Essential Elements of a True Crime 67 Sections of the U.S. Constitution Controlling
“Proximate Cause” and “Cause-In-Fact” 71 the Use of Force by Law Enforcement Officers 148
Multiple Causes of Death in Homicide Prosecutions 72 American Police Get High Marks
Cases of Unintended Harm Resulting from a Misdemeanor for Restraint in the Use of Force 150
or Other Minor Offense 73 The Search for Nonlethal Weapons 153
When Possession Alone Is a Crime 75 Use of Physical Restraints 155
Permissible and Impermissible Inferences 78 Summary of the Law on the Use of Force 158
xvii
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xviii Contents

CHAPTER 7 CHAPTER 11
Other Criminal Defenses Assault, Battery, and Other Crimes Against
The Use of the Dudley Case in Ethics Classes the Person
Today 176 Defenses to an Assault or Battery Charge 298
When Is a New Trial a “Second Trial” for Double Hate Crimes 2011 302
Jeopardy? 181 Criminal and Civil Laws That Seek to Protect
Stings and Scam Operations 186 Children 304
Speedy Trial, Double Jeopardy, and Statutes Offenses Against the Liberty of a Person 307
of Limitations as Defenses 191 Missing Children in the United States 310
Responses to Domestic Violence 313
CHAPTER 8 The Brooke Astor Case 315
Criminal Punishments School Shootings 316
U.S. Supreme Court Cases Stating the Constitutional
Limitations on Punishment 204 CHAPTER 12
Important Recent U.S. Supreme Court Death Sexual Assault, Rape, Prostitution,
Penalty Decisions 210 and Related Sex Crimes
Federal Crimes for Which the Death Penalty National Problems in the Sex Crime Area 330
Can Now Be Applied 212 Old Rape Laws and New Sexual Assault Laws 334
Life Imprisonment Without Parole for Juvenile Other Types of Rapes or Sexual Assaults 335
Defendants 214 Juveniles Who Commit Sex Offenses Against
Fines, Fact-Finding, and the Sixth Amendment 216 Children 341
Prisons and Jails in the United States; 2009–2011 220 Old Offenses That Are No Longer Crimes
Alternatives to Prison for Offenders Believed or Are Seldom Charged 342
to Be Nonviolent 221 Prostitution (Male and Female) 344
Sentence Enhancement Statutes 222 “Because Prostitution Fuels the Illegal Drugs Trade,
Cities Use One or More of the Following to Discourage
CHAPTER 9 the Crime” 345
Free Speech, Public Order Crimes, Regulation of Nudity by States or Municipalities 346
Fighting the International Child Sex Trade 348
and the Bill of Rights
Verbal Offenses 234
The Former Crimes of Blasphemy, Profanity, CHAPTER 13
and Indecent Language 236 Theft
Perjury, Subornation of Perjury, and the Federal False Forms of Taking and Types of Theft 366
Statement Act 245 Handling a Shoplifting Incident 376
Obeying Lawful Police Orders 246 Safeguards in Handling Checks 381

CHAPTER 10 CHAPTER 14
Homicide Robbery, Burglary, and Related Crimes
Attempts to Identify and Minimize Violence Proving a Bank Robbery 393
Against Children 263 Examples of Different Theft Crimes 402
Classifications of Common Law Murder 270 Intent to Steal in a Burglary Charge 403
Examples of Manslaughter 278 What Is the State Obligated to Prove? 404
Criminal Homicide in the United States 280 Forms of Theft 405

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 Contents xix

CHAPTER 15 CHAPTER 18
White-Collar Crime, Cybercrime, and Organized Crime and Gangs
Commercial Crime Attempts by Cities and States to Regulate Gang Activity 497
Scams, Frauds, and Offshore Bank Accounts 422 Will the Mob Ever Get out of the Crime Business? 499
National Fraud Facts 427 Making Gang Members Pay 502
Identity Theft 431 Mexican Drug Cartels and Their Affilliates 504
White-Collar Crimes in the News 434 Illegal Gambling in the United States 512
Employees and Unauthorized Computer Access 436 The Advantages of Federal Prosecution 515
Environmental Crimes and Corporate Responsibility 440
CHAPTER 19
CHAPTER 16 Immigration Crimes, Contempt, and Other
Drug Abuse and Alcohol-Related Crimes Crimes Against Government
Meth: A Chemical Time Bomb, and the Most Apprehending the “Worst of the Worst” of Illegal Immigrants:
Highly Abused Drug in the World 449 The “Secure Communities” Program 524
Five Schedules of Controlled Substances 452 Intent Under Immigration Law Violations 526
Possession of a Small Amount of Marijuana 455 Contempt 530
Sniffing, Bagging, and Huffing Inhalants 460 Crimes Uncovered by the Watergate and
Other Statutes and Laws Used in the War on Drugs 462 Whitewater Investigations 535
Driving and Alcohol 464

CHAPTER 17
Terrorism
The Torture Act 478
Antiterrorism Laws Enacted by U.S. Congress 482
The Continuing Battle Against Terrorism 484
Rules of War 486
Law Enforcement Needs Citizens’ Help to Deter
Homegrown Terrorists 491

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 Preface

Goals
The first edition of this text was published more than 30 years ago. Its goal was to
introduce law enforcement personnel and others in the criminal justice field to the
main principles of American criminal law. In the subsequent editions, including
this, the twelfth edition, we have tried to adhere to that goal and at the same time
broaden the scope of the text while also keeping it current. As in past editions, we
have included recent court opinions and legislative acts that illustrate the current
status of those principles of American criminal law. We have also tried to include
information we believe to be helpful to the study of criminal law, taken from gov-
ernmental reports, empirical studies, and news accounts of current criminal cases
and developments. We hope these additions and changes in the twelfth edition
serve to advance our goal for this text.
We make extensive use of court opinions, especially U.S. Supreme Court
opinions, and case citations in the text. We use these opinions and case citations
primarily to illustrate how the majority of courts interpreted and applied crimi-
nal statutes within their jurisdiction. We also identify and cite decisions on key
points of criminal law so that teachers and students will have a sound basis for do-
ing more extensive research into such points. It has always been our plan to create
a text that would prove useful as both a classroom learning tool and a reference
book for post-classroom use. We are gratified that users of our text have found
that it met that plan in previous editions, and we hope they will conclude the same
about this edition.

Features
In this edition we continue to use more detailed case excerpts called Case Close-
Ups to examine courts’ analyses of difficult or emerging criminal law issues, some-
times including our observations about the possible effect of a court’s decision on a
particular issue. These case excerpts generally include a more detailed factual state-
ment, and a more complete discussion of the court’s reasoning, than in the other
case excerpts found in the text. Also, in some chapters we examine an important
U.S. Supreme Court case or cases, and then discuss lower court cases that apply the
rules announced by the Supreme Court. As an example, in Chapter 8 we include
an extensive analysis of the two recent U.S. Supreme Court cases involving juvenile
life sentences, Graham v. Florida, and Miller v. Alabama, together with important
lower court decisions decided subsequently.
Where possible, we chose U.S. Supreme Court cases for the Case Close-Up fea-
tures. In subject areas where the Supreme Court does not ordinarily issue opin-
ions, we chose opinions of the federal circuit courts or the highest state courts.
Cases were usually selected because their topics were of current interest, but not
xxi
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xxii Preface

necessarily because the opinion represented the majority view on the topic. We
hope these closer looks at important cases will add substance to our coverage of the
issues framed in those cases.
We continue to make references to specific state and federal criminal statutes,
as well as illustrations from the Model Penal Code, which we have expanded in this
edition. For example, in Chapter 6, we include excerpts from the Florida “Stand
Your Ground” statute, which has been a model for similar legislation in twenty-
nine other states.
In this edition we have retained the chapter-opening vignettes, with new vi-
gnettes for most chapters. We also retained the chapter-ending “Case Analysis and
Writing Exercises” feature. Most of the cases highlighted in the exercises are new to
this edition, though we did retain a small number from the previous edition. In this
edition we also continue to use charts, boxes, and lists as supplements to text and
case summaries. We intend the textual materials and case summaries to serve as
the main exposition of criminal law principles, with the boxes and other tools help-
ing to illustrate specific applications or examples of those principles.

New to This Edition

In addition to the features just discussed, we have made other changes and addi-
tions to this edition. While we have always striven to incorporate new cases and
statutes into each new edition, in the twelfth edition we did this on a very broad
scale. We not only added many cases decided since the eleventh edition was pub-
lished; we also replaced a substantial number of older cases that illustrated legal
principles with more recent cases that accomplish the same result, but in a more
current setting. There are hundreds of cases cited or discussed in our book; in this
edition over 250 court decisions will have come from cases decided in the years
2010–2013. With this effort we believe we have made the twelfth edition as up to
date and complete as possible, while at the same time maintaining the clarity and
ease of understanding that we hope are the hallmarks of our Criminal Law textbook.
Finally, we have added the most recent reports available in the many places in
the book where we include statistical information. There is commonly a lag be-
tween when statistics are gathered and reports are published, and we tried our best
to minimize that lag time.
We have always been appreciative of the efforts of those who review our book be-
fore we begin work on a new edition. In this edition, as in the past, we have made it a
point to incorporate specific suggestions made by our reviewers and others who have
taken the time to communicate with us. We thank them and invite all our readers to
share their thoughts on the book with us at Terry Anderson’s e-mail address, which is
listed in the brief biography that appears in the front pages of this edition.

New Content
In addition to the changes discussed above, in the twelfth edition we have made
many substantive additions as well. They include the following:
● Chapter 1, Criminal Law: Purposes, scope, and sources: We made one
organizational change: we moved the box on “omission crimes” to Chapter 3.
The box on SORNA cases was updated, since courts continue to struggle with

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 Preface xxiii

the scope of that legislation and its relation to the Ex Post Facto Clause. In that
regard, we included a brief discussion of the 2013 U.S. Supreme Court decision
in Peugh v. United States on when changes in minimum sentences trigger the
Ex Post Facto Clause. In the Case Analysis section we included the California
Proposition 8 case, Hollingsworth v. Perry. Though not a criminal law case,
it does have an interesting discussion of equal protection in the lower court
decision, and introduces the concept of standing and how the Supreme Court
applies that doctrine.
● Chapter 2, Jurisdiction: We updated facts and cases in the various jurisdictions,
including jurisdiction of the sea and Indian tribal jurisdiction, focusing on
the Tribal Law and Order Act of 2010. We condensed the section on military
jurisdiction and martial law.
● Chapter 3, essential elements of a Crime: We added materials, a new box and
new cases, on general intent, specific intent, and scienter as elements of crimes.
We also expanded our discussion of the various causation issues that may arise
in criminal prosecutions. We added two new boxes on causation: one that
distinguishes “but for” from “proximate” cause, and one that looks at multiple
causes in homicides. We also added new cases on the effect of a substantial time
gap between injury and death in homicide crimes.
● Chapter 4, Criminal Liability: We added new cases on solicitation to illustrate
both attempts to persuade another to commit a crime, and attempts aimed at
victims of crimes. The distinction between “bilateral” and “unilateral” approaches
to conspiracy convictions has been expanded and, we hope, clarified. We used
current cases to illustrate the difference between those approaches. We added
several recent cases, including a U.S. Supreme Court decision, on abandonment
of and withdrawal from a conspiracy. The attempt section was rewritten with
subheadings to direct attention to the classic elements of crimes, actus reus and
mens rea, as they apply to attempt crimes. We updated the accomplice liability
and Pinkerton rule sections with new cases, as well as a new box distinguishing
accomplice liability from liability under rules like the Pinkerton rule.
● Chapter 5, Criminal responsibility and the Capacity to Commit a Crime: In
the capacity materials, we expanded the box on juvenile courts to include several
recent cases and statutes that highlight changes making transfer from juvenile
to adult courts more common. We added a new box on corporate liability for
environmental crimes to illustrate both how corporations are treated as criminal
defendants and how environmental laws are applied to corporate activities. We
updated the diminished capacity, competency, and involuntary medication to
restore competency sections with recent cases and statutes.
● Chapter 6, The Law Governing the Use of Force: In this chapter we added
many new cases, examples, and boxed material to illustrate the use of force in
self-defense. This includes updating cases under the “stand your ground” laws,
with a new box on the meaning of “unlawful” activity under those laws, as well
as a new box tracing the evolution of use-of-force rules. In the use of force by
police materials we added a new (and relatively rare) case on the right to resist an
unlawful arrest. We also discuss the 2013 U.S. Supreme Court case of Missouri v.
McNeeley, in which the Court discussed the requirements for police to use force
to obtain a blood sample from a DUI suspect.

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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.
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Pocilloporidae, 401
Podium, 428;
of Ophiothrix fragilis, 479 f., 487;
of Holothuria nigra, 561;
of Elasipoda, 571 f.;
of Molpadiida, 575;
of Antedon rosacea, 582
Podocoryne, 270
Podocorynidae, 270
Podoplast, 19 n.
—see also Blepharoplast
Podostoma, 52;
transition between pseudopodium and flagellum in, 47 n.
Poecillastra compressa, 213, 222
Polar body, in Heliozoan syngamy, 72, 74
Polar fields, 415
Polian vesicle, of Asteroidea, 458;
of Ctenodiscus, 458;
of Solasteridae, 463;
of Ophiothrix fragilis, 487;
of Echinus esculentus, 525;
of Holothuria nigra, 566
Polyaxon, 184
Polycanna, 278
Polycystineae (= Radiolarian skeletons), 87
Polycyttaria (= colonial Radiolaria), 76, 84 f.
Polygastrica (Ehrenberg's name for Ciliata), 146
Polykrikos, 110, 113 n., 131 f.
Polymastia, 224
Polymastigidae, 111
Polymitus form of male gametogonium of Acystosporidae liberating
sperms, 104 f.
Polymorphina, 59
Polyoeca, 111;
stalk of, 113
Polyorchis, 278
Polyphyes, 307
Polyphyidae, 307
Polypodium, 257
Polyps, 245, 246;
alternation of generations in, 44, 250
Polysiphonic, 276
Polystomella, 59;
dimorphism and life-history of, 67 f.
Polythalamia (= Foraminifera with more than one chamber to shell),
64
Polytoma, 111;
brood-division of active, 115;
P. uvella, gametes of, 116 n.
Polytomeae, Francé on, 119 n.
Polytrema, 59;
shell substance of, 62
Polytremacis, 346
Polyzoa, 428, 579;
Entoprocta, 621
Pontosphaera, 110
Porania, 455, 464;
P. pulvillus, 464
Poraniidae, 464
Porcellanaster, 471;
P. pacificus, 459;
P. caeruleus, 470
Porcellanasteridae, 455, 459, 470
Porcellanous Foraminifera, 58, 59, 62
Pore(s), in test of Foraminifera, 64;
in central capsule of Radiolaria, 76;
of contractile vacuole, 14;
of Ciliata, 143;
of Trachelius ovum, 153;
of embryonic cavity of Suctoria, not seen in Choanophrya, 161 n.;
of Sponges, 186, 187, 188, 189, 198
Pore-canal, of Asterias rubens, 441;
of Ophiothrix fragilis, 486, 487;
of Echinus esculentus, 517;
 of Echinocardium cordatum, 552;
of a larval Holothuroid, 564;
of Elasipoda, 571;
of Antedon rosacea, 583;
of its larva, 619;
of Dipleurula, 608;
of larva of Asterina gibbosa, 612;
of Balanoglossus, 617
Pore-plate, of Echinus esculentus, 512;
of Strongylocentrotus droëbachiensis, 512;
of Endocyclica, 530 f.;
of petals of Echinarachnius parma, 544
Pore-rhomb, 597, 598
Porifera, 163 f.;
definition, 180;
systematic position, 181
—see also Sponges
Porites, 368 f., 373, 387, 388, 397
Poritidae, 396
Porocone, 81
Porocyte, 186, 199, 231
Porosphaera, 193, 282
Porpita, 309
Porta, on reproduction of Radiolaria Acantharia, 86 n.
Porulosa (Holotrypasta), 76 f.
Portuguese Man-of-War, 300, 308
Post-abdomen = fourth chamber of Monaxonic Radiolarian shell, 84
Posterior dorsal process, of ciliated band, of Bipinnaria and
Ophiopluteus, 606;
of Echinopluteus, 607;
of Auricularia, 608
Posterior lateral process, of ciliated band, of Bipinnaria,
Ophiopluteus, and Ophiothrix fragilis, 606;
of Echinopluteus, 607
Posterior wreath, of Peritrichaceae, 138;
of Vorticella, 156, 157;
of Trichodina, 158
Post-oral process, of ciliated band, of Bipinnaria and Ophiopluteus,
606;
of Echinopluteus, 607
Potato, rest and germination of, 32
Poteriodendron, 111
Potts, 180
Pouchet (the elder), on spontaneous generation, 43
Pouchet, Georges, on Protozoa, 45
Pouchetia, 110
Pourtalesia, 554;
P. jeffreysi, 554
Pourtalesiidae, 554 n.
Prae-oral process, of ciliated band, of Bipinnaria and Ophiopluteus,
606;
of Echinopluteus, 607
—see also Pre-oral
Pratt, E. M., 339, 348 n., 399 n.
Praya, 300, 306.
Prayinae, 306
Pre-Cambrian Echinodermata, 623
Precious Corals, 326, 352
Pre-oral, cilia, 139;
ridge, 139;
undulating membrane, 139
—see also Prae-oral
Preyer, on the response of Asteroidea to stimuli, 446 f.;
on the intelligence of Ophiuroidea, 488 f.
Primary spine, of Echinus esculentus, 506;
of Cidaridae, 532;
of Arbaciidae, 532;
of Echinothuriidae, 532, 535;
of Colobocentrotus, 532;
of Heterocentrotus, 532;
of Echinocardium cordatum, 550
Primnoa, 354;
P. lepadifera, 338
Primnoidae, 330, 335, 354
Pringsheim, on exogamy in Pandorina, 34 n.
Prionastraea (Astraeidae, 399), 375
Proboscis, of central capsule of Phaeodaria, 76
Progamic brood-division (= a brood-division to produce gametes),
96, 100
Proheliolites, 346
Promachocrinus, 594
Proper wall of Perforate Foraminiferal shell, 59, 63, 66
Prophylaxis, against mosquitos and malarial fever, 103, 106;
against pébrine in silkworms, 107
Prosodus, 210
Prosopyle, 170
Prostalia, 201
Protanthea, 377
Protantheidae, 377
Protaspidochirota, 578
Protechinoidea, 623
Proteid(s), 12;
digestion of, 15;
formation of, 36;
crystals, 37;
reserves in Flagellates, 110;
granules or spherules of Ciliata, 144;
of Suctoria, 161
Proteleia, 218
Proteomyxa, 48 f., 50, 88, 89 f.;
relations of, 40;
studied by botanists, 45;
parasitic in plant-cells, 48;
distinctions from Flagellates, 109
Proteoses, 15
Proterospongia, 111, 113, 122, 181 f.;
P. haeckeli, 182
Protista, 3 f.—see Protozoa
Protoalcyonacea, 329, 342
Protoclypeastroidea, 548
Protocnemes, 367
Protocoelomata, 616, 617
Protodendrochirota, 578
Protoholothuroid, 577
Protoholothuroidea, 578
Protohydra, 256
Protomastigaceae, 110 f., 112;
external plasmatic layer of, 113
Protomerite, of Gregarines, 97, 98
Protomyxa, 89
Protopelmatozoa, 623
Protophytes, 3 n.
Protoplasm, 3 f.;
structure of, 6;
refractive index of, 6, 11 n.;
movements of, 7;
specific gravity of, 13 n.;
of Protozoa, 46 f.;
of Radiolaria, 79 f.;
of Stylonychia, 140
Protospongia fenestrata, 207, 207
Prototheca, 385, 386
Protozoa, 1 f., 44 f.;
characters, 40;
parasitic, 40, 46;
literature, 45 f.;
geographical distribution, 47 f.;
habitat, 47;
classification, 50
Protractor muscles of Aristotle's lantern, 526
Protriaene (a triaene in which the cladi [branches] point forwards or
in the opposite direction to the rhabdome or shaft), 224
Prouho, on transverse fission in Gonactinia, 371 n.;
on gemmiform pedicellariae of Echinoidea, 509;
on habits of Dorocidaris papillata, 535
Prunoidea, 77
Prunophracta, 78
Psammocora (Fungiidae, 403), 390
Pseudambulacrum, 599
Pseudaxonia, 350, 353
Pseudomonocyclic, 594
Pseudonavicella, 96
Pseudophellia arctica, 379
Pseudopodia (um), 4 f., 17, 47, 49, 50 f.;
streaming of granules in, 17;
Lang's classification of, 47 n.;
transition to flagella, 47 n.;
of Rhizopoda, 49, 50 f., 52;
of Foraminifera, 49, 50, 60, 61, 65;
of Microgromia, 59, 60;
of Lieberkühnia, 61;
of Allogromia, 65;
of Miliola, 65;
of Rotalia, 65;
of Squamulina, 65;
of Heliozoa, 49, 50, 71, 72 f.;
of Radiolaria, 49, 50, 79, 80;
of Lankesteria, 96 n.;
of Flagellates, 109, 110;
transitory, in Flagellates, 109;
of Stentor, 152, 154;
of young Gellius varius, 173, 174
Pseudopodiospores, 68 f.
Pseudospora, 89;
P. lindstedtii, 89
Psilaster, 470;
P. acuminatus, 469
Psolus, 569, 573;
P. ephippifer, 574, 575, 602
Psychropotes, 572
Pteraster, 455, 466;
P. stellifer, 465;
P. militaris, 466
Pterasteridae, 455, 466
Pterocephalus, 97
Pteroeides, 359, 361
Pteroeididae, 361
Puffballs, 91
Pulsatile vacuole, 14;
= Contractile vacuole, q.v.
Pulsellum, 18, 114
Punjab, dourine disease in, 119
Pupa, of Holothuroidea, 615
Pure cultures, 43
Putrefaction, organisms of, 42 f., 116 f.
Pycnolithus, 346
Pycnopodia, 453, 474
Pygaster, 558, 559
Pygastrides, 548, 558;
P. relictus, 548
Pylome, 53;
of Rhizopods, 53 f.;
double, in monstrous Rhizopods, 55;
of Diaphorodon, 60;
of Foraminifera, 64;
of Radiolaria, 83;
of Sphaeropylida, 77 n.;
of Nassellaria, 83
Pyloric caeca (and duct), of Asterias rubens, 439;
of Porcellanaster pacificus, 459;
absent in Hyphalaster moseri, 459
Pyloric sac of Asterias rubens, 438
Pyramids, building-stone of, 70
Pyrenoid, 37, 115;
of Sphaerella, 126
Pyrocystis, 110;
P. fusiformis, 132
Pyrsonympha, 111;
flagella of, 114
Pytheas, 223
Pythonaster, 464
Pythonasteridae, 464
Pyxicola, 138, 158

Quadrula, 52;
Q. symmetrica, 55;
test of, 54
Quartan fever, a parasitic disease, 104 f.
Quartzites, Radiolarian, 87
Quasillina, 224
Quatrefages, de, 376
Quelch, 280
Quinqueloculina, 59, 65 f.
Quinqueloculine type, 67

Radial blood-strand (or vessel), of Asterias rubens, 450;

of Ophiothrix fragilis, 488
Radial canal, of water-vascular system, 428;
of Asterias rubens, 441;
of Ophiothrix fragilis, 480, 486;
of Echinus esculentus, 517;
of Echinarachnius parma, 547;
of Holothuria nigra, 560;
of Pelagothuria, 572;
of Cystoidea, 580, 597;
of Carpoidea, 580;
of Thecoidea, 580;
of Crinoidea, 580;
of Blastoidea, 580, 599;
of Antedon rosacea, 583;
development of, in Asterina gibbosa, 611;
in Holothuroidea, 615;
in Antedon rosacea, 619
Radial fission in Volvocaceae, 110 f.
Radial nerve-cord, of Asterias rubens, 444, 445, 446, 447;
of Ophiothrix fragilis, 488;
of Echinus esculentus, 518, 519, 522;
of Holothuria nigra, 566;
of oral system of Antedon rosacea, 584;
 of coelomic system of A. rosacea, 584, 585
Radial ossicle—see Radial Plate
Radial perihaemal canal, of Asterias rubens, 448;
of Ophiothrix fragilis, 488;
of Echinus esculentus, 518, 524;
of Holothuria nigra, 566
Radial plate, of Ophiothrix fragilis, 484;
of Cladophiurae, 500;
of calcareous ring in Holothuria nigra, 566;
in Holothuroidea, 567, 569;
in Elasipoda, 569;
in Molpadiida, 569;
in Dendrochirota, 569;
of calyx in Antedon rosacea, 582, 584, 585;
in Crinoidea, 588;
in Hyocrinus, 588, 590;
in Rhizocrinidae, 588, 590;
in Metacrinus, 588, 591;
in Pentacrinus, 588, 591;
in Holopus, 592;
in Blastoidea, 599;
development, in Antedon rosacea, 619 f.
Radiolaria, 49, 50, 75 f.;
streaming of granules, 17;
brood-formation, 33, 85 f.;
regeneration, 35;
animal nutrition of, 40;
relations of, 49;
freshwater (= Heliozoa), 71;
shells and skeletons of, 77, 78, 80, 82 f., 84, 85;
symbiosis of Diatoms and yellow cells (= Zooxanthella) in, 82, 86 f.,
125;
parasites in, 86 f., 161;
Dreyer's scheme of skeletal forms in meshes of an alveolar
system, 84;
habitat, 87;
census of, 87;
 palaeontology, 87;
students of, 88
Radiolarian ooze, 87
Radiomyaria, 324
Radius, of Echinus esculentus, 503;
synonym of compass, 526;
of a Holothuroid, 562;
of Spatangoidea, 553;
of Antedon rosacea, 582;
of Promachocrinus, 594
Rain, bloody, 125
Rainey's tubes, 108
Ramulina, 59
Raphidiophrys, 71, 74
Raspailia, 225
Rastrites, 282
Ratarula larva, 302
Rathkea, 265, 270
Ratio (Spencer's) between bulk and surface of organism, 14, 23 f.,
31 f.
Reactions, chemical, of protoplasm and of vacuoles, 13;
motile, of Protozoa, 19 f.
Receptaculites, 207
Receptaculitidae, 207
Rectal caeca, of Asterias rubens, 439;
of Asteroidea, 459;
of Astropecten, 459;
of Asterias, 459;
of Asterina, 459;
of Echinasteridae, 459;
of Astropectinidae, 459
Rectum, of Asterias rubens, 439;
of Holothuria nigra, 563
Red colour of sea, due to Dinoflagellata, 132
Red Corals (= Coralliidae, 352)
Red marrow of bones, habitat of resting states of malarial parasites,
106 n.
Red snow, 125
Redi, on reproduction of Blowflies, 42
Reduction divisions, 75 n.;
of nucleus, 116 n.;
in Monocystis, 96;
in Coccidium, 100;
in Acystosporidae, 104 f.
Reef Corals, distribution of, 389
Reefs, Coral-, 390;
barrier-, 390 f.;
fringing, 390 f.;
atolls, 390 f.
Regeneration, 35;
of Stentor, 35;
of Thalassicolla nucleata, 79 n.;
of Infusoria after division, 145;
of oral apparatus of Ciliata during conjugation, 151
Regular Urchins, 529, 530 = Endocyclica, q.v.
Relapses of malarial fevers explained, 106
Relapsing fever, inoculated by Zambezian Tick, 121 n.
Relationship, cellular, explained, 10
Reniera, 217, 223
Renilla, 340, 359, 360, 363;
R. reniformis, 363
Renilleae, 363
Renillidae, 363
Reophax, 59
Repellent stimuli, response to, 20 f.
Reproduction, 10, 23 f.;
of Actinophrys sol, 72;
of Radiolaria, 84 f.;
of Flagellata, 107;
of Choanoflagellates, 122;
of Opalina, 123 f.;
of Volvocidae, 126, 127 f., 129 f.
—see also Brood-division, Spore, Syngamy
Reproductive cells, 31
—see also Gametes, Brood-cell
Reproductive organs—see Genital organs
Reserve(s), 16, 37;
accumulation of, 9, 13, 32 f.;
digestion of, 16;
consumption of, in brood-formation, 24, 32 f.;
of Flagellates, 110, 115;
-products, of brood-mother-cell, 32
Reservoir of contractile vacuole, of Flagellates, 110, 115;
in Euglenaceae, 125;
of Vorticella, 157
Respiration, 8, 14;
intramolecular, 14 n.;
in Asteroidea, 432;
in Asterias rubens, 437;
in Astropecten, 469;
in Luidia, 469, 470;
in Porcellanasteridae, 470;
in Ophiothrix fragilis, 485;
in Echinus esculentus, 517, 527;
in Echinarachnius parma, 544, 547;
in Echinocardium cordatum, 551;
in Holothuria nigra, 563, 564, 566;
in Molpadiida, 575;
in Synaptida, 576;
in Antedon rosacea, 582;
in Cystoidea, 597 f.;
in Blastoidea, 600
Respiratory tree, of Holothuria nigra, 563;
of Holothuroidea, 569;
of Aspidochirota, 569;
of Dendrochirota, 569, 572;
of Molpadiida, 569;
represented by caecum of Elasipoda, 569;
absent in Synaptida, 576;
in Pelagothuria, 572
Response, 8
Rest, of cell, 32;
vegetative and absolute contrasted, 37
—see also Cyst, Encystment, Hypnocyst
Resting state of malarial parasites, 106 n.
Reticulate, structure of protoplasm, 6;
endoplasm of Cystoflagellates, 110;
of Loxodes and Trachelius, 144, 153 f.
Retiograptus, 282
Retiolites, 282
Retiolitidae, 282
Retractor muscles, of Aristotle's lantern, 526;
of anterior part of body of Holothuroidea, 568;
of Dendrochirota, 568, 572
Reusenapparat, 145
Rhabdocrepid, 215, 224 (Crepis is the term applied to the
fundamental spicule by deposition of silica upon which a
desma is formed. A desma of which the crepis is uniaxial is
called a rhabdocrepid desma)
Rhabdoliths, 110, 114
Rhabdopleura, 617
Rhabdosphaera, 110
Rhabdospheres, 114
Rhabdus, 183, 184
Rhagon, 209, 213
Rheotaxy, 20 f.;
its rôle in syngamy of Mammals and Sauropsida, 34
Rhipidaster, 453, 463
Rhipidodendron, 111, 112 f.
Rhizocrinidae, 588, 589, 590 f.
Rhizocrinus, 588, 591
Rhizophysaliidae, 302, 308
Rhizopoda, 50, 51 f.;
formation of chromidia, 29 f.;
relations, 48 f.;
shell, 49, 51 f.;
Filosa, 50, 52 f.;
Lobosa, 50, 51 f.;
 test-bearing, 53 f., 55;
literature, 58
Rhizostoma, 325;
R. pulmo, 312, 325
Rhizostomata, 310, 323, 324
Rhizostomatidae, 325
Rhodactidae, 383
Rhodactis (Rhodactidae, 383);
R. sancti-thomae, 373
Rhodalia, 308
Rhodophysa (sub-family Physophorinae, 308), 300
Rhodophyton, 349
Rhodopsammia, 404
Rhopilema, 325;
R. esculenta, 312;
R. verrucosa, 312
Rhumbler, on Foraminifera, classification, 58 n.;
shell, 66 f.;
monstrous shells, 69 n.
Rhyncheta, 159 f., 160, 162
Rhythm, of cell-life and reproduction, 30 f.;
of contractile vacuoles in Paramecium, 143 n.;
in life-cycle of Infusoria, 148 n.
Ricordea, 371
Ridley, 216 n., 352 n.
Riisea, 355
Ring-canal, of water-vascular system, 428;
of Asterias rubens, 441;
of Echinus esculentus, 517;
of Holothuria nigra, 566
Robertson, on the habits of Echinocardium cordatum, 552
Rock-urchins, 529
Rodents, hosts of Trypanosoma lewisii, 119
Roemer, 199 n.
Romanes, on physiology of Echinoidea, 519, 521
Rompel, on Spirochona, 144 n.
Rosette, -aggregate, of Treponema, 120;
 of Antedon rosacea, 584
Ross, on intermediate host of malarial parasites, 103
Rotalia, 59, 65
Rotaliaceae, 59
Rotifers, bladder of, 14 n.;
rheotaxy of, 21;
distribution of, 48;
associated with Euglena viridis, 124;
formerly included under Infusoria, 136;
vibratile styles of, 141
Rotula, 548, 549
Rotula of Echinus esculentus, 526
Rotula muscles of Aristotle's lantern, 526
Roule, 408
Royal Society, early publications on Protozoa, 45
Ruminants, infested by Trypanosoma evansii, 119;
parasitic Ciliata in paunch of, 152
Rumphius, 360

Saccammina, 59, 63
Sacculus, of Antedon rosacea, 587;
of other species of Antedon, 588
Sagartia, 372, 375, 381;
S. troglodytes, 378
Sagartiidae, 381
Sagittal, 185
Sagittal ring, 78, 83;
plane, 414;
costae, 416 n.
Salenia, 538;
S. varispina, 538
Saleniidae, 530, 537, 558
Salivary gland of gnat in relation to malarial parasites, 105
Salpingoeca, 111, 122
Sand from sponges, a source of Foraminiferal tests, 62
Sand, René, on Suctoria, 162
Sand-dollar, 542
Sand-urchin, 529
Sanidaster (a modified euaster in which a slender rod-like axis bears
spines at intervals along its length), 222
Sapropelic Protozoa, 48
Saprophyte, 33, 37, 90, 113, 119;
relation to brood-formation, 33
Saprophytic, nutrition, 33, 37;
Flagellata, 113, 119
Sarasin, C. F. and P. B., on the madreporic vesicle and axial sinus of
Echinoidea, 528;
on the relationships of the Echinothuriidae and Holothuroidea, 537
Sarcocystis, 98;
S. tenella, 108 n.
Sarcocyte, 96, 98
Sarcode (Dujardin's term for protoplasm), 3 f.
Sarcodictyon, 344;
S. catenatum, 342
Sarcodictyum, 79
Sarcodina, relations of, 48 f., 49, 50 f.;
distinction from Flagellata, 109
Sarcoflagellum, 80
Sarcolemma of stalk-muscle of Vorticella, 157 n.
Sarcophyllum (Pennatulidae, 361), 360
Sarcophytum, 248, 330, 333, 347, 349
Sarcosporidiaceae, 98, 108
Sarsia, 265, 272;
S. prolifera, 272;
S. siphonophora, 272
Sauropsida, egg of, 34
Scaphiodon, 137, 141 n.
Schäfer, on mechanism of ciliary action, 18 n.
Schaudinn, on exogamy in Foraminifera and Trichosphaerium, 34 n.;
on Protozoa, 46;
Archiv für Protistenkunde, 46;
on chromidia in Sarcodina, 52 n.;
on Trichosphaerium sieboldi, 54, 56 f.;
on bud-fission in Rhizopoda, 55;
 on syngamic processes of Rhizopoda, 57;
on reproduction in Foraminifera, 67, 69 n.;
on Heliozoa, 71;
on Sporozoa, 94;
on life-cycle of Coccidiidae, 99, 101;
on relations of Halteridium and Trypanosoma, 103 n., 116 n., 120;
on relations of Acystosporidae, 106;
on conjugation in Flagellates, 116 n.;
on Trypanosoma, 120;
on Treponema, 120;
Fauna Arctica, 199 n.;
on Haleremita, 257
Schaudinnia arctica, 200
Scheel, on brood-formation in Amoeba proteus, 56 n.
Schewiakoff, on protoplasmic granules, 6 n.;
on geographical distribution of fresh-water Protozoa, 47 n.
Schiemenz, on the way in which Starfish open bivalves, 440
Schizaster, 556
Schizogony, of Coccidiaceae, 99 f., 101 f.;
of Haemosporidae, 102;
of Acystosporidae, 104 f.
Schizogregarinidae, 97
Schizomycetes, 36 f., 44
Schizont, 99;
of Acystosporidae, 103, 104 f.
Schizopathes, 408
Schizophytes, relations of, 48
Schizotricha (Ciliata), 138;
S. socialis, branched tube of, 152;
S. dichotoma (Plumulariidae, 279), 276
Schlumberger, on dimorphism of Foraminifera, 67
Schneider, on Sporozoa, 94
Schrammen, 215 n.
Schröter, on Myxomycetes, 93 n.
Schuberg, on cilia and ciliary motion, 18 n., 141 n.
Schultze, Max, on Protozoa and on protoplasm, 46;
on structure of Foraminifera, 62
Schulze, F. E., on Heliozoa, 71;
on Sponges, 167, 197 n., 199, 200;
on Spongicola, 318
Schütt, on Dinoflagellata ("Peridiniales"), 119, 132
Sclerobase, 371, 407
Scleroblast, 171, 330
Scleroderm, 371
Sclerogorgiidae, 351
Sclerophytum, 330, 336, 348, 349;
S. querciforme, 348
Scopula, 141 n.
Scuta buccalia, of Ophiothrix fragilis, 485
Scutellidae, 549
Scyphidia, 138, 158;
S. scorpaenae, Zooxanthella symbiotic in, 125
Scyphistoma, 317
Scyphomedusae, 310 f.
Scyphozoa, 310 f.;
colour, 310;
food, 311;
phosphorescence, 311;
reproduction, 316;
size, 310;
structure, 312;
symbiosis, 311
Scytophorus, 380
Sea, luminosity or phosphorescence, produced by Cystoflagellata,
132, 134;
by Dinoflagellata, 132;
red colour of, due to Dinoflagellata, 132
Sea-anemones, 326, 365, 377
Sea-cucumbers (= Holothuroidea), 561
Sea-fans (= species of Gorgonacea), 350
Sea-lilies (= Crinoidea), 580 f.
Sea-pens, 326, 358
Sea-pansy, 364
Sea-urchins(= Echinoidea), 503;
 ovum of, 7
Secondary body-cavity (= Coelom, q.v.)
Secondary spines, of Echinus esculentus, 506;
of Cidaridae, 532;
of Colobocentrotus, 532;
of Heterocentrotus, 532;
of Echinocardium cordatum, 550
Secretion, 13
Segmentation, 32 n.;
of schizont of Acystosporidae, 104;
of oosperm, 104 f.;
of zygotomeres, 104 f.;
of reproductive cells of Volvox, 126, 127;
telolecithal, 133 n.
Semaeostomata, 323
Semon, on the phylogeny of Echinodermata, 622
Semper's larva, 405
Senility in life-cycle of Ciliata, 148
Senn, on Flagellates, 119
Sense-organs of Metazoa, 40
Sensory cilia, 141
Septum, protoplasmic, in Dicystic Gregarines, 97, 98 f.;
calcareous, of Madreporaria, 370
Seriatopora, 401
Sertularia, 278;
S. abietina, 278
Sertulariidae, 278
Serumsporidium, 89
Sex, binary (= syngamy with marked inequality between the pairing-
cells), 33 f.;
of Pterocephalus, 99;
of Stylorhynchus, 99, 100;
of Coccidiaceae, 97 f., 99 f.;
of Haemosporidae, 102 f.;
of Sarcocystis tenella, 108 n.;
of Volvocaceae, 128 f.;
of Eudorina, 129;