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Criminal Law and its Processes: Cases and Materials, Eleventh Edition

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Authors
  • Sanford H. Kadish
  • Stephen J. Schulhofer
  • Rachel E. Barkow
Series / Aspen Casebook Series
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Book length
1440 pages
Publication Date
2022-02-10
Edition
Eleventh Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Now in its 11th edition, Criminal Law and Its Processes: Cases and Materials covers all the doctrinal material and key criminal justice policy questions an instructor may want to explore for a either a one-semester or year-long course in criminal law.

From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Eleventh Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control, but also analytic tools to understand and apply important criminal law doctrines. Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.

New to the Eleventh Edition:

  • Enhanced treatment of America’s long-overdue reckoning with over-criminalization, mass incarceration, and discriminatory law enforcement
  • Discussion of abolitionist critiques of American penal law and consideration of restorative justice as a possible alternative to traditional punishment
  • The chapter on rape makes more readily understandable the major split between states that still require proof of some kind of force and those that now make absence of consent sufficient. The material also contains more depth for discussion of the increasingly important question of what “consent” means, including several of the most recent cases and the new Model Penal Code provisions on rape approved by the ALI membership in June 2021.
  • In-depth treatment of racial profiling and police use of excessive force, and a broader discussion of structural pressures and biases in the context of exploring the expansion of excuses
  • Broader exploration of what society chooses to criminalize and prioritize for enforcement
  • Updated notes to incorporate contemporary cases and recent news touching on criminal law
  • Inclusion of additional preeminent cases in the field of criminal law, including:
  • Kahler v. Kansas as a principal case in the material on the insanity defense
  • Two new cases on the actus reus of conspiracy – the first in a drug distribution context and the second addressing Apple’s strategy for marketing ebooks on its iPad

 

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Table of Contents
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Preface
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About the authors
Sanford Kadish
University of California at Berkeley

Sanford Kadish joined the Boalt faculty in 1964 and served as dean from 1975 to 1982. Previously, he taught at the University of Utah and the University of Michigan and also practiced with a New York firm. Kadish has been a Guggenheim Fellow and visiting professor at Harvard, Columbia, Oxford, Cambridge, Kyoto-Doshisha University, the Freiburg Institute for Criminal Law, and the University of Melbourne. He has been president of both the American Association of University Professors and the Association of American Law Schools, as well as vice president of the American Academy of Arts and Sciences. He has received honorary degrees from the City University of New York and Cologne University.

Kadish was editor-in-chief of the Encyclopedia of Crime and Justice and his books include Discretion to Disobey; Criminal Law and Its Processes; and Blame and Punishment: Essays in Criminal Law. Recent publications include 'Fifty Years of Criminal Law: An Opinionated Review,' in the California Law Review (1999). In 1991, Kadish was awarded the Berkeley Citation. In 1999, he received the ABA's Annual Research Award and was elected to the Executive Council of the American Academy of Arts and Sciences, Western Division.

Stephen Schulhofer
New York University

Previously the Julius Kreeger Professor of Law and Director for Studies in Criminal Justice at the University of Chicago Law School, Stephen Schulhofer is one of the nation's most distinguished scholars of criminal justice. He has written more than fifty scholarly articles and six books, including the leading casebook in the field and highly regarded, widely cited work on a wide range of criminal justice topics. Schulhofer's most recent book, The Enemy Within: Intelligence Gathering, Law Enforcement and Civil Liberties in the Wake of September 11, written for The Century Foundation's Project on Homeland Security, has attracted wide attention as a careful and balanced critique of domestic measures being implemented as part of the 'war on terrorism.'

Schulhofer began his scholarly career researching and writing about punishment and sentencing and produced articles for the Pennsylvania Law Review that illustrated his ability to integrate a thorough understanding of legal issues with both empirical and philosophical literatures. In the 1980s, Schulhofer focused on his own empirical study of bench trials in Philadelphia to prove that criminal justice could be efficiently and fairly administered without resorting to plea bargaining, and published his analyses in the Harvard Law Review. He then turned his attention to the proposals for sentencing guideline reform and to the controversy surrounding the Miranda rules for police interrogation.

In the mid-90s, Schulhofer returned to police interrogation, conducting several empirical studies of the impact of Miranda on confession rates, and at the same time began his groundbreaking work on sexual abuse and other feminist concerns in the administration of criminal justice. Formerly, Schulhofer was the Ferdinand Wakefield Hubbell Professor of Law at the University of Pennsylvania. He completed his B.A. at Princeton and his J.D. at Harvard, both summa cum laude, and was the Developments and Supreme Court editor of the Harvard Law Review. He then clerked for two years for U.S. Supreme Court Justice Hugo Black. Before teaching, he also practiced law for three years with the firm Coudert Freres, in France.

Rachel Barkow
Professor
New York University

Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations.

Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law. After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd & Evans in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
Product Information
Edition
Eleventh Edition
Publication date
2022-02-10
Copyright Year
2022
Pages
1440
Connected eBook with Study Center + Hardcover
9781543810776
Connected eBook with Study Center (Digital Only)
9781543857122
Subject
Criminal Law
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