Learning Criminal Law as Advocacy Argument: Complete with Exam Problems & AnswersJohn Delaney Publications, 2004 - 445 strani More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them. |
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Introduction | 1 |
B What do you mean by resolving the core legal issues with advocacy argument? C What array of skills is necessary for such advocacy argument? D ... | 3 |
Perspectives on the Primary Role of the Criminal Law | 7 |
Protecting dominant political economic and social values | 9 |
Purposes of Criminal Law Sentencing | 15 |
B Retribution | 22 |
Jurisprudential objections | 30 |
The Constitutional Framework for Sentencing | 41 |
Attempt | 253 |
B Beyond highnoon examples | 259 |
Two radically contrasting policy and jurisprudential approaches | 268 |
Conspiracy | 271 |
Why the requirement of an overt act in some jurisdictions? | 279 |
H Common exam errors | 286 |
From specific crime to infrastructure | 292 |
N Critical Comment | 296 |
Professor Delaneys Comments | 48 |
A Broader Constitutional Framework | 51 |
Two Fundamental Principles Required for Culpability | 59 |
B A voluntary act actus reus is also essential | 64 |
Tragedy | 71 |
Larcenytype Offenses | 79 |
B Embezzlement | 87 |
Beyond larceny by false pretenses | 93 |
Other issues | 100 |
An unlawyerly response to Agnes and the false pretense charge | 105 |
Criminal Homicide Intentional Murder | 109 |
B The model for analyzing core crimes applied | 113 |
Abolition of intenttocauseseriousbodilyinjury murder manslaughter? | 119 |
E Common exam errors | 125 |
Extreme Reckless Murder | 131 |
9 | 136 |
Felony Murder | 155 |
A Highnoon examples | 156 |
Another common limitation | 161 |
Extreme reckless murder | 168 |
K Common exam error | 185 |
Accomplice Liability Complicity and Criminal Facilitation | 189 |
The innocent aider | 191 |
B A recapitulating multiissue problem | 194 |
Withdrawal from accomplice liability | 201 |
Between Murder and Exculpation | 209 |
A peaceable highminded young man or a murderer? | 217 |
E A policy appraisal | 225 |
H Common exam errors | 232 |
Reckless Manslaughter | 235 |
A doctor or just a drug dealer? | 238 |
Criminal Negligence Manslaughter | 241 |
Absence of fault | 246 |
15 | 247 |
Rape | 299 |
The commonlaw requirement of utmost resistance to force illustrated | 302 |
70 | 308 |
A legislative redefinition of resistance | 311 |
A soft version | 318 |
J Rape lynching and discrimination | 325 |
Justification and Excuse | 331 |
22 | 339 |
Common exam errors | 352 |
E Defense of habitation and defense of prevention of felony | 353 |
G Other twists | 360 |
Other variations on the Garner facts | 366 |
31 | 367 |
The General Defense of Justification Necessity and Duress | 371 |
B Getting beyond the highnoon examples | 375 |
33 | 385 |
Common exam errors | 387 |
Defenses of Mistake of Fact and Law | 389 |
Mistake of | 396 |
Common exam priorities and errors | 404 |
Defense of Legal Insanity | 405 |
72 | 406 |
The justice test | 411 |
Defense of Immaturity | 419 |
Defense of Intoxication | 423 |
B The more expansive MPC rule | 425 |
Defense of Entrapment | 431 |
Concluding Comment | 437 |
Table of Cases | 439 |
440 | |
441 | |
442 | |
Other Books by Professor Delaney | 445 |
Pogosti izrazi in povedi
accomplice actual actus reus advocacy argument affirmative defense Agnes analysis apply argue arrest attempt behavior causation cause charge Chief Wacko asks CIRI(P commit common-law larceny conduct conspiracy constitutional contrast convicted core crime criminal law criminal negligence criminal-law deadly force death defendant defendant's defense lawyers deterrence duty to retreat established exam extreme reckless murder fact pattern factually but-for fault federal felony murder Freddo harm high-noon example homicide illustrated intent to kill intent-to-kill murder intentional murder intervening cause interweaving issue judges jurisprudential jury justice lawyerly legally proximately legislative legislature liability meaning mens rea mental culpability mistake of fact Model Penal Code moral MPC approach MPC language negligent manslaughter offense person principle professor prosecution prosecutors punishment rape reasonable reckless manslaughter relevant requirement response RICO risk robbery self-defense sentence sexual sexual intercourse specific statute statutory steal Supreme Court threat tort trespassory taking trial understand victim violation