Learning Criminal Law as Advocacy Argument: Complete with Exam Problems & Answers

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John 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.
 

Izbrane strani

Vsebina

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
73
440
Index
441
186
442
Other Books by Professor Delaney
445
Avtorske pravice

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O avtorju (2004)

Professor Delaney is the author and editor of many books on law and a decades-long law professor. This new book, written primarily for law students, presents criminal law as advocacy argument.

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