Previous Chapter Table of Contents Next Chapter And so long as the partnership in crime continues, the partners act for each other in carrying it forward. Pinkerton v. U.S., cited in Section 8.2.4 "Consequences of Conspiracy" Source: Image courtesy of Jane F. Kardashian, MD. 8.1 Attempt LEARNING OBJECTIVES Define an inchoate crime. Distinguish between general and … Continue reading Chapter 8 – Inchoate Offenses
Previous Chapter Table of Contents Next Chapter Congress can impute to a corporation the commission of certain criminal offenses and subject it to criminal prosecution therefor. New York Central R. Co. v. U.S., cited in Section 7.2.1 "Corporate Liability" Source: Image courtesy of Jane F. Kardashian, MD. 7.1 Parties to Crime LEARNING OBJECTIVES Identify the four … Continue reading Chapter 7 – Parties to Crime
Previous Chapter Table of Contents Next Chapter The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge… Or. Rev. Stat. § 161.125(1), cited in Section 6.2.2 "Intoxication" Source: Image courtesy of Tara Storm. 6.1 The Insanity Defense LEARNING OBJECTIVES Identify … Continue reading Chapter 6 – Criminal Defenses, Part 2
Previous Chapter Table of Contents Next Chapter A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence… Fla. Stat. Ann. §776.013(4), cited in Section 5.3.3 "Defense of Habitation" Source: … Continue reading Chapter 5 – Criminal Defenses, Part 1
Previous Chapter Table of Contents Next Chapter Thus, an Olympic swimmer may be deemed by the community as a shameful coward, or worse, for not rescuing a drowning child in the neighbor’s pool, but she is not a criminal. State ex rel. Kuntz v. Thirteenth Jud. Dist., cited in Section 4 "Duty to Act Based on … Continue reading Chapter 4 – The Elements of a Crime
Previous Chapter Table of Contents Next Chapter Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. Duncan v. Louisiana, cited in Section 3.2 "The Due Process and Equal Protection Clauses" … Continue reading Chapter 3 – Constitutional Protections
Previous Chapter Table of Contents Next Chapter The requirement of proof beyond a reasonable doubt has this vital role in our criminal procedure for cogent reasons. The accused, during a criminal prosecution, has at stake interests of immense importance, both because of the possibility that he may lose his liberty upon conviction and because of … Continue reading Chapter 2 – The Legal System in the United States
Table of Contents Next Chapter Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject him to punishment but also of the severity of the penalty that a State may impose. BMW of North America, Inc. v. Gore, cited in Section 1 … Continue reading Chapter 1 – Introduction to Criminal Law
by Caren Morrison, Georgia State University Despite the broad political polarization in the United States, the 2020 election confirmed a clear movement across both red and blue America: the gains made by reform-minded prosecutors. Running on progressive platforms that include ending mass incarceration and addressing police misconduct, candidates defeated traditional “law-and-order” prosecutors across the country. Elected … Continue reading Progressive prosecutors scored big wins in 2020 elections, boosting a nationwide trend
Previous Chapter Table of Contents Next Chapter LEARNING OBJECTIVES After reading this chapter, you should understand the following: The powers of a corporation to act The rights of shareholders The duties, powers, and liability of officers and directors Power within a corporation is present in many areas. The corporation itself has powers, although with limitations. … Continue reading Chapter 45 – Corporate Powers and Management
