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From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth 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. Instead of presenting the elements of various crimes in a disjointed fashion, 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.
- Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts.
- Notes updated to incorporate contemporary cases and recent news touching on criminal law.
- Inclusion of additional preeminent cases in the field of criminal law, including:
- Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity)
- Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability)
- Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense).
- Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context.
- Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la
The purchase of this Kindle edition does not entitle you to receive access to the online e-book, practice questions from your favorite study aids, and outline tool available through CasebookConnect.
—Times Literary Supplement
“If one of philosophy’s crucial tasks is to snap us out of complacency and re-frame the parameters of debate, then there is always scope for a roll call of practitioners who have particularly enjoyed inspiring the ‘moment when the gears shift.’…Geuss, who wears his expansive learning lightly, has interesting things to say about them all.”
“Exceptionally engaging…Geuss has a remarkable knack for putting even familiar thinkers in a new light.”
—Notre Dame Philosophical Reviews
Raymond Geuss explores the ideas of twelve philosophers who broke dramatically with prevailing wisdom, from Socrates and Plato in the ancient world to Nietzsche, Wittgenstein, and Adorno. The result is a striking account of some of the most innovative thinkers in Western history and an indirect manifesto for how to pursue philosophy today. Geuss cautions that philosophers’ attempts to break from convention do not necessarily make the world a better place. Montaigne’s ideas may have been benign, but the fate of those of Hobbes, Hegel, and Nietzsche has been more varied. Yet in the act of provoking people to think differently, philosophers remind us that we are not fated to live within the systems of thought we inherit.
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren’t subject to the same checks and balances that civil regulatory agencies are.
Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution.
Contributors: Cindy R. Alexander, Jennifer Arlen, Anthony S. Barkow, Rachel E. Barkow, Sara Sun Beale, Samuel W. Buell, Mark A. Cohen, Mariano-Florentino Cuellar, Richard A. Epstein, Brandon L. Garrett, Lisa Kern Griffin, and Vikramaditya Khanna