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

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John Delaney Publications, 2004 - Criminal law - 445 pages
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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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Contents

Introduction
1
E Is there an advantage in learning the criminal law as advocacy argument centered
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
Rehabilitation
29
The Constitutional Framework for Sentencing
41
Reckless Manslaughter
235
A doctor or just a drug dealer?
238
Criminal Negligence Manslaughter
241
Absence of fault
246
Attempt
253
A Highnoon example
255
Two radically contrasting policy and jurisprudential approaches
268
Conspiracy
271

Professor Delaneys Comments
48
A Broader Constitutional Framework
51
Void for Vagueness Doctrine
54
Two Fundamental Principles Required for Culpability
59
B A voluntary act actus reus is also essential
64
Larcenytype Offenses
79
B Embezzlement
87
Beyond larceny by false pretenses
93
Modern theft consolidation statutes
106
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
B Beyond the highnoon examples
134
A short recapitulating problem
146
E Common exam errors
153
Felony Murder
155
B Limiting the scope of application of felony murder
159
Extreme reckless murder
169
H Other Issues and Common Exam Errors
176
K Common exam error
185
Accomplice Liability Complicity and Criminal Facilitation
189
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
Why the requirement of an overt act in some jurisdictions?
279
G Renunciation or withdrawal from conspiracy
286
RICO conspiracy
293
N Critical Comment
296
Rape
299
The commonlaw requirement of utmost resistance to force illustrated
302
Shifting the focus to the defendant
315
J Rape lynching and discrimination
325
Justification and Excuse
331
Good Samaritan or not?
349
E Defense of habitation and defense of prevention of felony
353
G Other twists
360
The General Defense of Justification Necessity and Duress
371
Political necessity
377
F Moving beyond the highnoon examples
383
Defenses of Mistake of Fact and Law
389
Common exam priorities and errors
404
Defense of Legal Insanity
405
Tightening the procedural standard
413
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
Index
441
Other Books by Professor Delaney
445
Copyright

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About the author (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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