General Principles of Criminal Law

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The Lawbook Exchange, Ltd., Dec 1, 2010 - Law - 642 pages
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"The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
 

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Contents

Public Welfare Offenses
327
Strict Liability
331
Mala in Se Mala Prohibita
337
Criticism of Practical Grounds of Strict Liability
342
Proposed Substitutes for Strict Liability
351
IGNORANCE AND MISTAKE
360
Ignorantia Facti Excusat
361
Illustrative Cases
364

Treatment of Offenders Nulla Poena Sine Lege
55
NonRetroactivity
58
Politics and Penal Policy
64
MENS REA 1 THE OBJECTIVE MEANING OF THE PRINCIPLE
70
Mens Rea in Medieval Law
77
Motive and Intention
83
Mens Rea and Personal Guilt
93
MENS REA 2 INTENTION RECKLESSNESS AND NEGLIGENCE
105
The Basic Concepts
108
Operative Facts Evidence and Reasonableness
117
The CaseLaw
122
The Ethical Rationale
133
Conceptual Problems and Terminology
141
MENS REA 3 THE THEORY OF NONMORAL PENAL LIABILITY
146
Holmes Theory
147
The Reasonable Man as Method and as Standard
152
The Current Law
158
Summary
163
CRIMINAL CONDUCT THE EXTERNAL MANIFESTATION OF MENS REA
171
The Logic of the CaseLaw
180
The Principle of Concurrence
185
Omissions
190
CaseLaw on Omissions
201
Possession
206
Policy of Criminal Omissions
208
HARM
212
Role of Harm in Penal Theory
213
Actus Reus
222
Justification and Excuse
228
Circumstances
237
Tort and Penal Harm
240
CAUSATION
247
Meanings of Cause in Various Perspectives
248
Meanings of Cause in the Legal Perspective
251
Differences in Causation in Tort and Criminal Law
254
Direct Causation in Homicide
257
Intervening Cause
261
Causation by Motivation
270
Summary
281
Policy and Legal Cause
284
THE SANCTION PUNISHMENT
296
The Justification of Punishment
297
The nature of Punishment
309
Sanctions
321
STRICT LIABILITY
325
a Reasonableness of the Error
366
Invincible Ignorance
368
b Strict Liability
372
Ignorantia Juris Neminem Excusat
376
Ignorantia
377
Earlier Theories
378
The Rationale of Ignorantia Juris
382
Application of the Rationale of Ignorantia Juris
387
Knowledge of Illegality Included in Mens Rea
392
Petty Offenses
402
Summary of the Principal Problems
408
NECESSITY AND COERCION
415
Basic Distinctions
419
Physical Causation
421
Teleological Necessity
425
Coercion
436
Policy and Punishment
444
MENTAL DISEASE
449
The Underlying Issues
455
Punishment
458
The Rule of Law
460
The Expert and the Jury
464
The Status of Psychiatry Among the Sciences
466
The MNaghten Rules
472
The Irresistible Impulse Hypothesis
486
The Durham Product Rule
500
Amendment of the MNaghten Rules
519
INTOXICATION
529
Voluntary Intoxication
538
Legal Obstacles to Reform
544
Findings of Research on Alcoholism
549
Proposed Legal Reforms
552
CRIMINAL ATTEMPT
558
Rules and Doctrine
574
Preparation and Attempt
576
Competing Theories
579
The Common Law Theory
583
Impossibility
586
Objective Risk
591
Factual Impossibility and the Principle of Legality
594
CRIMINOLOGY AND PENAL THEORY
600
TABLE OF CASES
623
SUBJECT INDEX
633
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Page 33 - I choose to solve the controversy with this small distinction, and it belongs to all three: any government is free to the people under it (whatever be the frame) where the laws rule and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.
Page 33 - No man's life shall be taken away, no man's honor or good name shall be stained, no man's person shall be arrested, restrained, banished, dismembered, nor any...
Page 40 - To determine that a case is within the intention of a statute, its language must authorize us to say so.
Page 48 - Any person who commits an act which the law declares to be punishable or which is deserving of penalty according to the fundamental conceptions of a penal law and sound popular feeling, shall be punished.

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