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| the substantive criminal law: Substantive Criminal Law: Sections 1.1 to 8.4 Wayne R. LaFave, 2003 |
| the substantive criminal law: Substantive Criminal Law Luis E. Chiesa, 2014 The strength of this casebook is the uniformity of each chapter's structure, which makes it easier to approach the chapter's topic systematically. Each chapter begins with several sections that discuss the applicable law, followed by a separate section that discusses the Model Penal Code's approach to the topic. This is then followed by a Comparative Perspectives section that encourages students to think about alternative ways of approaching the topic. The richness of the comparative materials used in the casebook is unmatched by its competitors, as many of the materials have been translated by the author. Finally, each chapter ends with a section titled Scholarly Debates that introduces the student to some of the philosophical discussions related to the topic. |
| the substantive criminal law: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| the substantive criminal law: Substantive Criminal Law: Sections 9.1 to 17.5 Wayne R. LaFave, 2003 |
| the substantive criminal law: Advanced Introduction to Substantive Criminal Law Stephen J. Morse, 2023-06-01 This Advanced Introduction to Substantive Criminal Law explores the doctrines, issues and controversies in the substantive field of criminal law. Chapters cover important theoretical and doctrinal topics, including the justifications for state blame and punishment, the foundations for criminalization, the prima facie case, affirmative defences of justification and excuse, and sentencing. Stephen J. Morse uses copious concrete examples drawn from cases, statutes and extended case studies, including the intricate grading of homicide, to enliven the discussion. |
| the substantive criminal law: Homicide in Criminal Law Alan Reed, Michael Bohlander, 2018-10-03 This volume presents a leading contribution to the substantive arena relating to homicide in the criminal law. In broad terms, the ambit of homicide standardisations in extant law is contestable and opaque. This book provides a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to homicide in the context of the criminal law. The debate in relation to homicide continues apace for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems’ approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion. |
| the substantive criminal law: Participation in Crime Professor Michael Bohlander, 2013-07-28 Following on from the earlier edited collection, Loss of Control and Diminished Responsibility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers. |
| the substantive criminal law: The Constitution of the Criminal Law R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo, Victor Tadros, 2013-01-31 The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them. |
| the substantive criminal law: Criminal Law Wayne R. LaFave, 2000 This book is an updated abridgement of LaFave and Scott's two volume, Substantive criminal law, in West's criminal practice series. |
| the substantive criminal law: International Law in Domestic Courts André Nollkaemper, 2018 The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law. |
| the substantive criminal law: Substantive Criminal Law Wayne R. LaFave, 2017 |
| the substantive criminal law: The Boundaries of the Criminal Law R.A. Duff, 2010-11-11 This is the first book of a series on criminalization - examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. The first volume studies the scope and boundaries of the criminal law - asking what principled limits might be placed on criminalizing behaviour. |
| the substantive criminal law: Modern Criminal Law Wayne R. LaFave, 1988 |
| the substantive criminal law: Criminal Law, Procedure, and Evidence Walter P. Signorelli, 2023-10-12 Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system. |
| the substantive criminal law: The Oxford Handbook of Criminal Law Markus D Dubber, Tatjana Hörnle, 2014-11-27 The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law. |
| the substantive criminal law: Criminal Law and Procedure Donald A. Dripps, Ronald N. Boyce, Rollin Morris Perkins, 2013 This casebook provides the most comprehensive treatment available, including the theoretical foundations, the common-law origins, the statutory structure, and the procedural context of modern criminal law. The book concentrates on doctrinal materials that can support both rigorous technical and sophisticated theoretical discussions. The purposes and limits of punishment are addressed through Supreme Court decisions, a focus on statutes throughout the substantive law sections enables training students in the legal art of statutory interpretation as well as exposing them to the hard moral and political problems of legislative choice, and the sentencing materials reprise the theory of punishment in the context of the practically most important stage of the modern process. The 12th edition carries forward the comprehensive approach of prior editions, empowering the teacher to design a course suited to the needs of the teacher's students and teacher's institution. New Supreme Court's decisions, changing the landscape of both substance and procedure, include Skilling v. United States, McDonald v. City of Chicago, Graham v. Florida, United States v. Jones, and Michigan v. Bryant. The material on self-defense has been comprehensively revised, both for the sake of clarity and to include discussion of so-called stand your ground laws. Statutes (e.g., the New York and California homicide statutes) and the caselaw (e.g., up-to-the-minute material on willful blindness) have been updated. We also now include a case about the admissibility of neuro-imaging evidence to support a diminished-capacity defense, thus acknowledging how modern brain science has begun to raise both practical evidentiary issues and a substantial challenge to important theoretical premises of the criminal law. |
| the substantive criminal law: Criminal Law Markus Dubber, Tatjana Hörnle, 2014-03 A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany.--Jacket. |
| the substantive criminal law: The Substantive Criminal Law Competence of the EU Petter Asp, 2012 |
| the substantive criminal law: Substantive and procedural aspects of international criminal law. 1. Commentary Gabrielle Kirk MacDonald, Olivia Q. Swaak-Goldman, 2000-03 Vol. II, Part 1. |
| the substantive criminal law: On the Principles of Criminal Law Caroline Frances Cornwallis, 1846 |
| the substantive criminal law: Comparative Concepts of Criminal Law Johannes Keiler, David Roef, 2019 This handbook ... fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control--Back cover. |
| the substantive criminal law: The Fundamental Concept of Crime in International Criminal Law Iryna Marchuk, 2013-07-29 This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions. |
| the substantive criminal law: The Criminal Justice System of the Netherlands Piet Hein P. H. M. C. Kempen, Piet Hein van Kempen, Sven Brinkhoff, Maartje Krabbe, 2019 The criminal justice system of the Netherlands offers an introduction to our fascinating legal system from a criminal law angle. It is recommended to students taking an introductory course on Dutch criminal law or on comparative criminal law and is also an excellent starting point for foreign researchers who wish to explore the Dutch criminal law system. |
| the substantive criminal law: Criminal Law Cynthia Lee, Angela P. Harris, 2009 This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant |
| the substantive criminal law: Experiencing Criminal Law Gabriel Jackson Chin, Wesley M. Oliver, 2015 This book combines substantive criminal law with exercises offering practical experience. Students are asked to draft indictments, jury instructions, motions, and to engage in plea bargaining. The basic elements of each crime are spelled out before difficult applications of those elements are presented. It takes a very modern approach to criminal law. The majority of the cases in the book were decided in the 21st century.-- |
| the substantive criminal law: A Pattern of Violence David Alan Sklansky, 2021-03-23 A law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice. |
| the substantive criminal law: Criminal Law and Precrime Richard Jochelson, James Gacek, Lauren Menzie, Kirsten Kramar, Mark Doerksen, 2017-07-06 In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as precrime—particularly the use of the law as a technology of surveillance and prevention since terror became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the war on terror: the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe. |
| the substantive criminal law: Deserved Criminal Sentences Andreas von Hirsch, 2017-02-09 This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally. |
| the substantive criminal law: The Nature of Criminal Law Daniel Katkin, Daniel Maier-Katkin, 1982 |
| the substantive criminal law: Act and Crime Michael S. Moore, 2010 In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability. |
| the substantive criminal law: Substantive Criminal Law Wayne R. LaFave, Austin Wakeman Scott, 1986 |
| the substantive criminal law: Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth Lucia Zedner, Julian V. Roberts, 2012-08-16 Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment. |
| the substantive criminal law: Sourcebook on Criminal Law Michael T. Molan, 2001 The second edition of the Criminal Law Sourcebook has been significantly expanded in order to provide law students with a comprehensive selection of key materials drawn from law reports,statutes, Law Commission Consultation Papers and Reports, and Home Office publications. The materials reflect the range of topics taught on the vast majority of undergraduate and CPE criminal law modules, and provide a platform from which the reader can embark upon a more critical evaluation of both theory and doctrine. Extensive extracts are included from a number of recent landmark rulings, including decisions by the House of Lords in B v DPP (defence of mistake), R v Smith (objective test for the defence of provocation), R v Hinks (whether the recipient of a gift can be a thief), and R v Powell and Daniels; R v English (scope of accessorial liability for murder), and the Court of Appeal's ruling in In Re A (conjoined twins). Recent statutory initiatives that have been incorporated include the Protection from Harassment Act 1997, the Criminal Justice (Terrorism and Conspiracy) Act 1998, and the Sexual Offences (Amendment) Act 2000. The impact of the Human Rights Act 1998, in so far as it relates to substantive criminal law, is also covered. Substantial extracts are provided from all relevant Law Commission and Home Office law reform publications. In addition to the draft Criminal Code Bill, materials have been selected dealing with reform of sexual offences, consent, conspiracy to defraud, deception offences, offences against the person, accessorial liability and involuntary manslaughter. |
| the substantive criminal law: Wharton's Criminal Law and Procedure Ronald Aberdeen Anderson, 1957 |
| the substantive criminal law: The Criminal Law of Ancient Rome Olivia F. Robinson, 2001-07-01 Although the Romans lived in a society very different from ours, they were like us in fearing crime and in hoping to control it by means of the law. Ordinary citizens wanted protection from muggers in the streets or thieves at the public baths. They demanded laws to punish officials who abused power or embezzled public monies. Even emperors, who feared plotters and wanted to repress subversive ideas and doctrines, looked to the law for protection. In the first book in English to focus on the substantive criminal law of ancient Rome, O. F. Robinson offers a lively study of an essential aspect of Roman life and identity. Robinson begins with a discussion of the framework within which the law operated and the nature of criminal responsibility. She looks at the criminal law of Rome as it was established in the late Republic under Sulla's system of standing jury-courts. Grouping offenses functionally into five chapters, she examines crimes committed for gain, crimes involving violence, sexual offenses, offenses against the state, and offenses against the due ordering of society. |
| the substantive criminal law: Virginia Criminal Law and Procedure John L. Costello, 1991 Virginia Criminal Law & Procedure, Second Edition is the definitive authority on criminal law in the Commonwealth of Virginia, offering comprehensive coverage of dozens of substantive crimes, plus the procedural, constitutional, & ethical issues involved in criminal practice. Author John L. Costello discusses problems encountered in pretrial, trial, & appellate practice offering valuable guidance at each stage. From arrest to appeal, Virginia Criminal Law & Procedure is the practice manual criminal lawyers in Virginia can't afford to be without. |
| the substantive criminal law: White Collar Crime Jerold H. Israel, Ellen S. Podgor, Paul D. Borman, Peter J. Henning, 2015 Hardbound - New, hardbound print book. |
| the substantive criminal law: Criminal Law Deskbook Patrick L. McCloskey, Ronald L. Schoenberg, 1984 |
| the substantive criminal law: Criminal Law Richard J. Bonnie, Anne M. Coughlin, John Calvin Jeffries, Peter W. Low, 2015 Hardbound - New, hardbound print book. |
| the substantive criminal law: Fourth Report , 1978 |
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SUBSTANTIVE | English meaning - Cambridge Dictionary
SUBSTANTIVE definition: 1. important, serious, or related to real facts: 2. important, serious, or related to real facts…. Learn more.
Substantive - Definition, Meaning & Synonyms - Vocabulary.com
When something is substantive, there is a lot of there there, be it meaning or volume of things. The word brings a serious tone. While it is often used to talk about problems and their …
SUBSTANTIVE definition and meaning | Collins English Dictionary
Substantive negotiations or issues deal with the most important and central aspects of a subject.
SUBSTANTIVE Definition & Meaning | Dictionary.com
belonging to the real nature or essential part of a thing; essential. real or actual. of considerable amount or quantity. substantive issues under discussion. Law. pertaining to the rules of right …
Substantive - definition of substantive by The Free Dictionary
1. having independent existence; independent. 2. belonging to the real nature or essential part of a thing; essential. 3. real or actual. 4. of considerable amount or quantity. 5. possessing …
substantive - Wiktionary, the free dictionary
Mar 11, 2025 · substantive (third-person singular simple present substantives, present participle substantiving, simple past and past participle substantived) (grammar, very rare) To make a …
What does SUBSTANTIVE mean? - Definitions.net
A substantive is an element in grammatical studies that typically refers to any word or group of words that function as a noun in a sentence, denoting a person, place, thing, or idea. Also, it …
SUBSTANTIVE Synonyms: 87 Similar and Opposite Words - Merriam-Webster
Synonyms for SUBSTANTIVE: substantial, significant, considerable, sizable, good, major, tremendous, huge; Antonyms of SUBSTANTIVE: insignificant, nominal, negligible, …
Substantive Definition & Meaning | Britannica Dictionary
SUBSTANTIVE meaning: 1 : important, real, or meaningful; 2 : supported by facts or logic
SUBSTANTIVE Definition & Meaning - Merriam-Webster
The meaning of SUBSTANTIVE is having substance : involving matters of major or practical importance to all concerned. How to use substantive …
SUBSTANTIVE | English meaning - Cambridge Diction…
SUBSTANTIVE definition: 1. important, serious, or related to real facts: 2. important, serious, or related to real …
Substantive - Definition, Meaning & Synonyms - Voca…
When something is substantive, there is a lot of there there, be it meaning or volume of things. The word brings a serious tone. While it is often used …
SUBSTANTIVE definition and meaning | Collins English Di…
Substantive negotiations or issues deal with the most important and central aspects of a subject.
SUBSTANTIVE Definition & Meaning | Dictionary.com
belonging to the real nature or essential part of a thing; essential. real or actual. of considerable amount or …
