Criminal Law (10th Edition) by Joel Samaha

By Joel Samaha

Transparent, concise, and leading edge, Joel Samaha's best-selling felony legislations, 10e is helping you follow legal law's enduring foundations and rules to interesting lawsuits and particular crimes. With a balanced combination of case excerpts and writer observation, Samaha courses you as you sharpen your serious considering and felony research abilities. You'll see the foundations, defenses, and components of crime at paintings as you move during the book--and you'll find out about the final rules of felony legal responsibility and its defenses, in addition to the weather of crimes opposed to people, estate, society, and the kingdom.

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Example text

Livingston’s goal was to rationalize into one integrated system: criminal law, criminal procedure, criminal evidence, and punishment. Livingston’s draft never became law. The second, David Dudley Field’s code, was less ambitious but more successful. Field was a successful New York lawyer who wanted to make criminal law more accessible, particularly to lawyers. According to Professors Paul Robinson and Markus Dubber (2004): Field’s codes were designed to simplify legal practice by sparing attorneys the tedium of having to sift through an ever rising mountain of common law.

S. criminal code. But this diversity shouldn’t obscure the broad outline that’s common to all criminal laws in the United States. They’re all based on the general principles of liability that we touched on earlier in this chapter and that you’ll learn more in depth about in Chapters 3 through 6. They also include the defenses of justification and excuse that you’ll learn about in Chapters 5 and 6. The definitions of the crimes you’ll learn about in Chapters 9 through 12 differ more, so there we’ll take account of the major differences.

Criminal code created by Congress. Sometimes, these elected bodies invite administrative agencies, whose members aren’t elected by the people, to participate in creating criminal law. Legislatures weren’t always the main source of criminal law making. Judges’ court opinions were the original source of criminal law, and it remained that way for several centuries. By the 1600s, judges had created and defined the only crimes known to our law. Called common law crimes, they included everything from disturbing the peace to murder.

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