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Criminal Law: Cases, Controversies and Problems
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Students today expect learning to be both efficient and interesting. They use online materials and study aids to supplement class-assigned materials and to “hack” the law. This textbook cuts out the middle person by integrating challenging principal cases that are aggressively edited into an engaging overview of the black letter law. The explanatory sections describe the law through lively language and colorful examples that students can readily grasp and remember. Providing students with a clear doctrinal overview permits the selection of cases that drill down deeper into fundamental or cutting-edge issues.
Many of the principal cases put the old wine of the criminal law into new bottles that students will find meaningful and interesting. In addition to homicide, rape, assault, traditional property crimes and drug offenses, the cases selected include environmental and white collar crime, obstruction of justice, criminal copyright infringement, hate crimes, sex trafficking, online threats, revenge porn and computer crimes. Short discussion questions follow each case that stimulate understanding of the holding and the deeper issues at stake. Additional materials raise important critical perspectives dealing with issues of race, class and gender. Practice problems and links to online video clips allow students to apply what they are learning, and the appendix contains numerous materials for engaging lawyering exercises.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 12/29/2021
Related Subject(s): Professional Identity Formation
Joseph E. Kennedy, University of North Carolina School of Law
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In addition to the substitution of a few more recent cases and the deletion of a few seldom taught cases, this second edition contains additional food for thought for students who hunger for clearer connections between the criminal law doctrines studied and the wider world in which we live. Now more than ever, students bring this critical edge to their reading of the criminal law, and they need to see critical perspectives integrated into their textbook’s doctrinal discussions.
- A variety of points for discussion have been added in shaded areas that raise various sociological issues, including those of race, class and gender including a brief description of critical theories in the philosophy of punishment chapter.
- Short, shaded sections throughout the book that that raise critical issues using straightforward, non-theoretical language that does not privilege one side or the other.
- Additional background about select cases that provide social and political context and sometimes explain the aftermath of the court’s decision. (These sections are titled “The Rest of the Story.”)
- A series of references to various video clips that can be found online dealing with fictional and real criminal cases for students who crave visual illustrations. (These sections are titled “CrimTube.”)
- Additional practice problems that deal with issues such as collective online delusions (e.g. Q’Anon) and politically motivated violence committed by crowds.
The appendix contains additional materials for more in-depth exercises that focus on various lawyering skills as well as a set of “rules of the road” for classroom discussions of hot button issues.
- A sentencing template for a plea bargaining exercise that can be used with any of the many homicide practice problems.
- Excerpts from the journal of James Holmes, the “Dark Knight” shooter who killed and wounded multiple people in a movie theatre in Aurora, Colorado. The excerpts describe some of his schizophrenic delusions and provide the basis for a variety of possible classroom exercises.
- Witness statements and 911 transcripts from a “stand your ground” self defense case that can serve as the basis for an exercise in fact investigation.
- A play about the legal proceedings in the Vincent Chin case. Vincent Chin was a Chinese American man beaten to death in a racially motivated assault. His case energized the Asian American Civil rights movement. The play includes excerpts from the trial and other court proceedings.
- A short story about a possible case of self defense that provides the basis for a useful exercise exploring the ethics of witness preparation.
Learn more about this series.
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