Sign in or create a free account to get FREE SHIPPING and DISCOUNTS

Criminal Law and the American Penal System: Cases and Context, First Edition

Authors
  • Andrew Manuel Crespo
  • John Rappaport
Series / Aspen Casebook Series
Teaching Materials
NO
Description

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.

Teach Criminal Law in a way that centers the core challenges confronting the modern American penal system. This exciting new casebook by Andrew Crespo and John Rappaport encourages students to see how criminal law shapes prosecutorial and police power—and how it is both shaped by and reconstitutes hierarchies of race, class, and gender. 

The role of criminal law in shaping a just society is more vital—and more complex—than ever before. This groundbreaking casebook reimagines the traditional framework of how Criminal Law is taught in order to connect core doctrinal concepts to the deeper questions that actually drive American punishment: How does law shape the institutional power of key law enforcement actors—prosecutors and police officers? How is this law shaped by a set of overlapping and interacting social hierarchies, along dimensions of race, gender, and class? How, in turn, do criminal law and the penal system it empowers shape and reconstitute those social hierarchies?

This book tells the story of criminal law’s evolution from a legal framework that defined, cabined, and legitimated law enforcement power to one that has expanded that power in ways that are intimately interlaced with these sociological dynamics. The aims of the book are straightforward: to consider the role that criminal law might serve in a well-functioning and just society, to question how the legitimacy of criminal law might change in societies that are unjust or unequal, to chart the role that law and legal actors played in producing the American penal system’s current pathologies, and to invite students to imagine ways in which law and legal actors might go about addressing and redressing those systemic and institutional failings.

Law, legal analysis, and close reading of doctrinal texts anchor this book, much like they anchor many others. But unlike any other casebook, those conventional materials are situated in a fundamentally different conceptual framework, though one that will be familiar to scholars and practitioners in the field. The course this casebook supports is thus still very much a course about criminal law. But it is a course about the role that body of law has played in producing a penal system increasingly seen as flawed or unjust by large segments of society. The aim, in other words, is not to sever ties with the traditional topics of the criminal law course, but rather to create stronger ties between those topics and the realities of the penal system. As students will see, legal actors—lawyers—have been central players in the evolution of the penal system’s pathology. Likewise, students will see that tomorrow’s legal actors—they themselves—will likely play a significant role in identifying new pathways toward the system’s reform.


Professors and students will benefit from
  • A carefully curated selection of modern cases that, in combination with essential classics, teach students the common law foundations of the criminal law and modern statutory reforms
  • A reorganized presentation of the basic conceptual and doctrinal features of criminal law that highlights the linkages between those doctrines and the institutional practices they support
  • Thoroughly researched chapter and section introductions, notes, and questions that are clearly written by the authors to introduce concepts and integrate key insights from leading scholarship across fields.
  • Carefully collected empirical research, integrated seamlessly into notes that contextualize legal and policy debates and ground them in real-world factual foundations
  • Thoughtful integration of interdisciplinary materials that enrich doctrinal and institutional analyses with insights from history, philosophy, sociology, and economics
  • Analysis of the ways in which criminal law is shaped by, shapes, and reinforces underlying societal forces across a range of dimensions, including race, gender, and class
  • Examination of how criminal law shapes institutional power, affording discretion and decisionmaking authority to different sets of actors, with a focus on prosecutors and police officers
  • Investigation of the ramifications of criminal law’s expansion, with a focus on the attendant pathologies
  • An exploration of the ideas and interventions advanced by scholars, policymakers, activists, and organizers for addressing systemic failures of the penal system
Read More
Professor Materials
Please sign in or register to view Professor Materials. These materials are only available for validated professor accounts. If you are registering for the first time, validation may take up to 2 business days.
About the authors
Andrew Manuel Crespo
Morris Wasserstein Public Interest Professor of Law
Executive Faculty Director, Institute to End Mass Incarceration

Andrew Manuel Crespo is the Morris Wasserstein Public Interest Professor of Law at Harvard Law School, where he teaches criminal law and procedure and serves as the Executive Faculty Director of the Institute to End Mass Incarceration. Professor Crespo’s research and scholarly expertise center on the institutional design, legal frameworks, and power structures of the American penal system, and on the relationship between lawyers, organizers, and social movement actors in effecting transformational change. His scholarship has been honored by the Association of American Law Schools and profiled in The New York Times, with his leading articles appearing in the Harvard Law Review, the Columbia Law Review, and the Yale Law Journal. Together with John Rappaport, he is the author of Criminal Law and the American Penal System, an innovative forthcoming casebook that recasts the traditionally required criminal law course as a class about the role law and lawyers have played in building and sustaining American mass incarceration.

Nationally recognized for his expertise on a range of legal issues, Professor Crespo’s public commentary can be found in The New York Times, The Washington Post, The Boston Globe, the Journal of the American Medical Association, and online at Lawfare, Just Security, Take Care, and Inquest, where he is a founding editor and Co-Editor in Chief. A publicly engaged academic, he regularly shares legal analyses and commentary in print, on television, and on the radio, with appearances on CNN, NPR’s On Point and All Things Considered, and NBC’s Meet the Press.

Through his leadership of the Institute to End Mass Incarceration, Professor Crespo works to develop modes of legal practice that integrate lawyers effectively and responsibly into organizer-led anti-carceral campaigns and movements. Related to that work, he serves as Chair of the Board of Directors of the Leading Change Network, an international nonprofit dedicated to teaching community organizing and to supporting organizers working to build more just and democratic societies across the globe. Professor Crespo also serves on the Academic Advisory Board of the American Constitution Society, the Board of Trustees of the Harvard Law Review Association, the Standing Advisory Committee on the Rules of Criminal Procedure for the state of Massachusetts, and as an elected member of the American Law Institute. In 2021, at the appointment of President Biden, he served as a Commissioner on the Presidential Commission on the Supreme Court of the United States. Prior to beginning his academic career, Professor Crespo served as a Staff Attorney with the Public Defender Service for the District of Columbia, where he represented over one hundred adults and juveniles charged with serious felonies, ranging from armed robberies, to burglaries, to homicides. As a member of the Harvard Law School faculty he continues to be active in litigation, authoring merits stage and amicus briefs on various issues, often in close collaboration with his students. Professor Crespo graduated magna cum laude from Harvard Law School in 2008, where he served as president of the Harvard Law Review, the first Latino to hold that position. Following law school, Professor Crespo served for three years as a law clerk, initially to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit, then to Associate Justice Stephen Breyer of the U.S. Supreme Court, and finally to Associate Justice Elena Kagan during her inaugural term on the Court. Following his time as a public defender, Professor Crespo returned to Harvard as an assistant professor of law in 2015. In 2019, he became the first Latino promoted to a tenured position on the law school’s faculty.

John Rappaport
Professor of Law

John Rappaport teaches and writes about criminal law, criminal procedure, and the criminal justice system. Most of his current research concerns American law enforcement, with topics including collective bargaining, unionization, and the labor market for law enforcement officers.

John graduated magna cum laude from Harvard Law School in 2006. He clerked for Judges Stephen Reinhardt and Paul Watford of the US Court of Appeals for the Ninth Circuit, and Justice Ruth Bader Ginsburg of the US Supreme Court. He also practiced in the Capital Habeas Unit of the Los Angeles Federal Public Defender’s office and as a litigator at Munger, Tolles & Olson LLP. He studied mathematics as an undergraduate, earning his degree with distinction from Stanford University. Before joining the faculty, John taught at the Law School as a Bigelow Fellow and Lecturer in Law.

Product Information
Edition
First Edition
Publication date
2025-02-17
Copyright Year
2025
Pages
1184
Connected eBook with Study Center + Hardcover
9781543835106
Connected eBook with Study Center (Digital Only)
9798894101842
Subject
Criminal Law
Select Format Show Hide
Select Format Hide
Are you an educator?