Drawing from author Stephanie A. Jirard's vast experience in both the courtroom and the classroom, this book gets students to think critically about real-world issues often overlooked in traditional texts, such as working with informants, determining if a defendant is intellectually disabled, using computer algorithms to determine an appropriate sentence, and figuring out the difference between criminal cyberbullying and legal freedom of expression. Written in an accessible and engaging tone, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system.
A Massachusetts native, Stephanie A. Jirard is a Professor of Criminal Justice at Shippensburg University in Pennsylvania. She received her A.B. in History from Cornell University, her J.D. from Boston College Law School, and her M.A. in Applied History at Shippensburg. She is a former Lieutenant in the United States Navy's Judge Advocate General (JAG) Corps, where she defended sailors and Marines at courts-martial across the state of Louisiana. At the Navy's personnel headquarters in Washington, D.C, Jirard provided legal counsel in family and child sexual abuse matters. After leaving the Navy, Jirard was a Trial Attorney at the United States Department of Justice, Civil Division, Torts Branch, defending the federal government across the country in environmental and human radiation experiment lawsuits. She also served as an Assistant United States Attorney and an Assistant Federal Public Defender, both in the District of Massachusetts. Jirard's last litigation post was serving as an Assistant State Public Defender in the Capital Litigation Unit in Columbia, Missouri, representing men in death-penalty cases. Jirard has published on race and politics, the Civil War's U.S. Colored Troops, missing women, cyberbullying, and sex scandals. This is her second textbook on Criminal Law and Procedure.
Preface Acknowledgments About the Author PART I. THE BASICS: HOW THE LAW WORKS CHAPTER 1. Introduction to the Law Learning Objectives Sources of Criminal Law How to Read Statutes and Case Briefs The Geography of Legal Cases The Actors in the Criminal Justice System Protecting Citizens and Criminal Justice Professionals Federalism and States' Rights Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 2. THE CRIMINAL TRIAL PROCESS Learning Objectives Pretrial Identification Procedures The Adversary System Trial How a Case Gets to the U.S. Supreme Court Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 3. CRIMINAL LAW BASICS Learning Objectives Mens Rea: The Guilty Mind Actus Reus: The Guilty Act Causation Parties to Crime Inchoate Crimes Summary Key Terms and Phrases Problem-Solving Exercises PART II. THE CRIMES: CRIMINAL LAW ELEMENTS CHAPTER 4. CRIMES AGAINST THE PERSON Learning Objectives Crimes Against the Person Sex Offenses Homicide Robbery Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 5. CRIMES AGAINST PROPERTY Learning Objectives Theft Crimes White-Collar Crime Burglary Arson Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 6. CRIMES AGAINST THE PUBLIC Learning Objectives Crimes Against the Public Crimes That Interfere With Government Services Computer Crimes Terrorism Treason Summary Key Terms and Phrases Problem-Solving Exercises PART III. THE PROCEDURE: THE BILL OF RIGHTS CHAPTER 7. THE FOURTH AMENDMENT AND WARRANTS Learning Objectives The Fourth Amendment Seizures of the Person The Warrant Requirement Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 8. EXCEPTIONS TO THE WARRANT REQUIREMENT Learning Objectives Warrantless Searches and Seizures The Exclusionary Rule and the Good Faith Exception Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 9. THE FIFTH AMENDMENT AND CONFESSIONS Learning Objectives The Evolution of Miranda Warnings Invoking the Rights Pursuant to Miranda When Miranda is Violated Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 10. THE SIXTH AMENDMENT: COUNSEL AND TRIAL RIGHTS Learning Objectives The Sixth Amendment as Due Process Protection Invoking the Right to Counsel The Criminal Case Summary Key Terms and Phrases Problem-Solving Exercises PART IV. THE PERSONAL: OFFENDER-SPECIFIC PUNISHMENT CHAPTER 11. THE FIRST AMENDMENT AND CRIMINAL LAW Learning Objectives Protected Speech Unprotected Speech Special First Amendment Issues Freedom of Association Freedom of Religion Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 12. DEFENSES Learning Objectives How Defenses Are Raised Competency Defenses Based on Excuse Defenses Based on Justification Summary Key Terms and Phrases Problem-Solving Exercises CHAPTER 13. SENTENCING AND APPEALS Learning Objectives Sentencing Process Types of Sentences The Death Penalty The Appellate Process Summary Key Terms and Phrases Problem-Solving Exercises Appendix A: The Constitution of the United States of America Appendix B: Selected Excerpts From the Model Penal Code Glossary Notes Case Index Subject Index