Defining Federal Crimes

Defining Federal Crimes PDF Author: Daniel C. Richman
Publisher: Wolters Kluwer Law & Business
ISBN: 9781543804324
Category : Criminal law
Languages : en
Pages : 0

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Book Description
Defining Federal Crimes, Second Edition (available for free to students in e-book format) frames federal criminal law as a distinctive world created and shaped by the interplay between the three branches of the federal government. It provides an overview of basic doctrine while inviting students to explore the many difficult and unsettled questions that continue to perplex judges, prosecutors, defense attorneys, and policymakers. Particularly since students' basic Criminal Law courses draw on penal laws from any number of jurisdictions, this book will be their first exposure to an actual criminal law system, in which each law-shaping institution can react to the moves of the others. New to the Second Edition: Reorganization of the domestic Commerce Clause section and exploration of the Supreme Court's aborted engagement with the Treaty Power in Bond v. U.S. (Ch.2) Inclusion of the Court's deployment of the "rule of lenity" in Yates v. U.S. and reorganization of the mens rea section, including Elonis v. U.S. (Ch.3) Revisions to highlight the growing tension between the cases precluding mail fraud liability for deceit that "merely" causes the victim to enter into a transaction and those permitting liability an intangible property "right to control" theory (Ch.4) Considerable revision to the "under color of official right" extortion sections to accommodate McDonnell v. U.S.; a new case (Ocasio v. U.S.) exploring the interaction between "under color of official right" complicity and victim status in "fear of economic loss" extortion; a new case (U.S. v. Baroni--the "Bridgegate Case") offering an interesting use of the "misapplication" prong of section 18 U.S.C. 666 (Ch.6) New cases emerging from the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, including U.S. v. Miller (Ch.7) New case (Rosemond v. U.S.) in Aiding and Abetting discussion; a new section on Accessory after the Fact and Misprison of Felony liability, including U.S. v. Olson; substantial revision of Material Support of Terrorism section (Ch.8) Substantial updates to Ch.9, including coverage of the opioid crisis and enforcement responses to it; exploration of the Court's analysis of McFadden v. U.S.; discussion of Congress's use of its appropriations power to limit the federal prosecution of medicinal marijuana cases, including U.S. v. Kleinman; a new case (U.S. v. Campbell) about the Maritime Drug Law Enforcement Act; a new section on prior felony informations and their use for plea bargaining leverage, including U.S. v. Kupa; new discussion of the charging policies of the Attorneys General and of disparate judicial analyses of narcotics mandatory minimums Extended discussions of corporate liability to include recent judicial efforts to oversee deferred prosecution agreements (Ch.11) Reorganization of Ch.12, with more attention given to the clash between Chevron deference and the rule of lenity Professors and students will benefit from: Comprehensive overview of the many federal criminal offenses prosecutors use to charge political corruption and explores difficult questions associated with criminalizing aspects of the political process Framing of apparently diverse offenses like money laundering, RICO, and material support of terrorism as the complicity-broadening devices that make them intellectually interesting and practically potent Use of "Notes and Questions" to situate major cases in their proper political and historical contexts, tie together topics from different parts of the book that touch on similar themes, and explore lingering doctrinal ambiguities

Defining Federal Crimes

Defining Federal Crimes PDF Author: Daniel C. Richman
Publisher: Wolters Kluwer Law & Business
ISBN: 9781543804324
Category : Criminal law
Languages : en
Pages : 0

Get Book Here

Book Description
Defining Federal Crimes, Second Edition (available for free to students in e-book format) frames federal criminal law as a distinctive world created and shaped by the interplay between the three branches of the federal government. It provides an overview of basic doctrine while inviting students to explore the many difficult and unsettled questions that continue to perplex judges, prosecutors, defense attorneys, and policymakers. Particularly since students' basic Criminal Law courses draw on penal laws from any number of jurisdictions, this book will be their first exposure to an actual criminal law system, in which each law-shaping institution can react to the moves of the others. New to the Second Edition: Reorganization of the domestic Commerce Clause section and exploration of the Supreme Court's aborted engagement with the Treaty Power in Bond v. U.S. (Ch.2) Inclusion of the Court's deployment of the "rule of lenity" in Yates v. U.S. and reorganization of the mens rea section, including Elonis v. U.S. (Ch.3) Revisions to highlight the growing tension between the cases precluding mail fraud liability for deceit that "merely" causes the victim to enter into a transaction and those permitting liability an intangible property "right to control" theory (Ch.4) Considerable revision to the "under color of official right" extortion sections to accommodate McDonnell v. U.S.; a new case (Ocasio v. U.S.) exploring the interaction between "under color of official right" complicity and victim status in "fear of economic loss" extortion; a new case (U.S. v. Baroni--the "Bridgegate Case") offering an interesting use of the "misapplication" prong of section 18 U.S.C. 666 (Ch.6) New cases emerging from the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, including U.S. v. Miller (Ch.7) New case (Rosemond v. U.S.) in Aiding and Abetting discussion; a new section on Accessory after the Fact and Misprison of Felony liability, including U.S. v. Olson; substantial revision of Material Support of Terrorism section (Ch.8) Substantial updates to Ch.9, including coverage of the opioid crisis and enforcement responses to it; exploration of the Court's analysis of McFadden v. U.S.; discussion of Congress's use of its appropriations power to limit the federal prosecution of medicinal marijuana cases, including U.S. v. Kleinman; a new case (U.S. v. Campbell) about the Maritime Drug Law Enforcement Act; a new section on prior felony informations and their use for plea bargaining leverage, including U.S. v. Kupa; new discussion of the charging policies of the Attorneys General and of disparate judicial analyses of narcotics mandatory minimums Extended discussions of corporate liability to include recent judicial efforts to oversee deferred prosecution agreements (Ch.11) Reorganization of Ch.12, with more attention given to the clash between Chevron deference and the rule of lenity Professors and students will benefit from: Comprehensive overview of the many federal criminal offenses prosecutors use to charge political corruption and explores difficult questions associated with criminalizing aspects of the political process Framing of apparently diverse offenses like money laundering, RICO, and material support of terrorism as the complicity-broadening devices that make them intellectually interesting and practically potent Use of "Notes and Questions" to situate major cases in their proper political and historical contexts, tie together topics from different parts of the book that touch on similar themes, and explore lingering doctrinal ambiguities

United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 906

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Book Description


Guidelines Manual

Guidelines Manual PDF Author: United States Sentencing Commission
Publisher:
ISBN:
Category : Sentences (Criminal procedure)
Languages : en
Pages : 68

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Book Description


United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System PDF Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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Book Description


The Unlawful Society

The Unlawful Society PDF Author: Paul Battersby
Publisher: Springer
ISBN: 1137282967
Category : Social Science
Languages : en
Pages : 239

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Book Description
Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

Fear of Judging

Fear of Judging PDF Author: Kate Stith
Publisher: University of Chicago Press
ISBN: 9780226774862
Category : Law
Languages : en
Pages : 302

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Book Description
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.

The Collapse of American Criminal Justice

The Collapse of American Criminal Justice PDF Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Category : History
Languages : en
Pages : 425

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Book Description
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

American Criminal Justice

American Criminal Justice PDF Author: Frederick T. Davis
Publisher: Cambridge University Press
ISBN: 1108493203
Category : Law
Languages : en
Pages : 179

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Book Description
Provides a comprehensive, readable overview of how criminal justice actually works in the United States, and what makes US procedures distinctive and important.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.