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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
BOOKMARK
Book length
1456 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
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
1456
Connected eBook with Study Center + Hardcover
9781543810776
Connected eBook with Study Center (Digital Only)
9781543857122
eBook + Study Center + Audiobook + Hardcover
9798894113579
eBook + Study Center + Audiobook
9798894114415
Subject
Criminal Law
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