Bibliography

1. The Nature, Purpose, and Function of Criminal Law

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 1–32. A good introduction to the nature of criminal law and to the common law and statutes.

George Fletcher, Rethinking Criminal Law (New York: Oxford University Press, 2000). A challenging discussion of the history and philosophy of criminal law.

Lawrence M. Friedman, Crime and Punishment in American History (New York: Basic Books, 1993). A history of criminal justice in the United States.

Hyman Gross, A Theory of Criminal Justice (New York: Oxford University Press, 1979). A highly sophisticated discussion of the philosophical basis of criminal law.

Jerome Hall, General Principles of Criminal Law, 2nd ed. (Indianapolis, IN: Bobbs-Merrill, 1960), pp. 1–359. A detailed discussion of the theory of criminal law and the basic elements of a crime.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 1–198. A comprehensive discussion of the characteristics, purpose, classification, and common law foundation of criminal law.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 1–46. A sophisticated analysis of the purpose, definition, and classification of criminal law and development of the common law.

2. Constitutional Limitations

Erwin Chemerinsky, Constitutional Law Principles and Policies, 2nd ed. (New York: Aspen, 2002), pp. 641–1137. A clear and well-researched discussion of various provisions of the Bill of Rights to the U.S. Constitution.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 33–62. An overview of various constitutional constraints on criminal legislation by a leading legal scholar.

Thomas I. Emerson, The System of Freedom of Expres­sion (New York: Vintage Books, 1970). A classic volume on the theory and law of the First Amendment.

Alexander Hamilton, “Federalist No. 51,” in A. Hamilton, J. Madison, & J. Jay, The Federalist Papers (New York: New American Library, 1961), pp. 320–325. James Madison confronts critics who advocate the inclusion of a Bill of Rights in the U.S. Constitution.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 97–113, 175–195. A sophisticated discussion of the constitutional constraints on criminal statutes.

Arnold Loewy, Criminal Law (St. Paul, MN: West Publishing, 2003), pp. 291–306. A concise discussion of vagueness, ex post facto laws, and other limitations.

Herbert Packer, The Limits of the Criminal Sanctions (Palo Alto, CA: Stanford University Press, 1968), pp. 149–248. A classic discussion on the challenge of striking the balance between individual rights and societal safety and security.

3. Punishment and Sentencing

American Law Institute, Model Penal Code: Sentencing (Philadelphia: American Law Institute, 2003). A discussion of the proposal to modify the indeterminate sentencing structure of the Model Penal Code to provide for sentencing guidelines. The report provides a good outline of state sentencing practices.

Lynn S. Branham, The Law and Policy of Sentencing and Corrections in a Nutshell, 8th ed. (St. Paul MN: West Publishing, 2010). A summary of the law of sentencing and corrections.

Nicholas N. Kittrie, Elyce H. Zenoff, and Vincent A. Eng, Senten­cing, Sanctions, and Corrections: Federal and State Law, Policy, and Practice, 2nd ed. (New York: Foundation Press, 2002). A collection of essays and materials that covers the entire range of issues in sentencing. A comprehensive bibliography is included.

Arnold Loewy, Criminal Law in a Nutshell, 4th ed. (St. Paul, MN: West Publishing, 2003), pp. 1–26. A short summary of punishment and sentencing.

Jeffrie G. Murphy, Punishment and Rehabilitation, 3rd ed. (Belmont, CA: Wadsworth, 1995). A collection of essays on the philosophy of punishment.

4. Actus Reus

American Law Institute, Model Penal Code and Com­men­ta­ries (Philadelphia: American Law Institute, 1985), § 2.01. A comprehensive discussion of the requirements of a criminal act.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), Chap. 9. An understandable and thorough discussion of actus reus with helpful citations to relevant journal articles.

Markus D. Dubber, Criminal Law: Model Penal Code (New York: Foundation Press, 2002), pp. 33–42. A volume that outlines the requirements of the Model Penal Code and also includes a critical commentary that provides insight into the policy choices that were made in drafting the Model Code provision on criminal acts.

Hyman Gross, A Theory of Criminal Justice (New York: Oxford University Press, 1979), Chap. 4. A sophisticated discussion of the philosophical issues involved in the concept of actus reus.

Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law (Chicago: University of Chicago Press, 1987), pp. 129–153. Challenging legal cases and hypothetical problems on omissions.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 206–224. A comprehensive discussion of criminal acts with citations to important cases.

Arnold H. Lowey, Criminal Law in a Nutshell, 4th ed. (St. Paul, MN: West Publishing, 2003), Chap. 9. A concise discussion of actus reus.

Paul H. Robinson, Would You Convict? Seventeen Cases That Challenged the Law (New York: New York University Press, 1999), pp. 78–84. A case raising issues involved in the imposition of a legal duty to assist another.

Richard G. Singer and John Q. La Fond, Criminal Law Examples and Explanations, 2nd ed. (New York: Aspen, 2001), Chap. 3. A straightforward discussion of criminal acts under the common law and Model Penal Code with review questions.

5. Mens Rea, Concurrence, Causation

American Law Institute, Model Penal Code and Commentaries, vol. 1, pt. 1 (Philadelphia: American Law Institute, 1985), pp. 225–266. A detailed examination of intent and causality with proposals for reforms.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 115–150, 179–200. A comprehensive and easily understood examination of intent, concurrence, and causation.

Hyman Gross, A Theory of Criminal Justice (New York: Oxford University Press, 1979), pp. 74–113, 232–254, 342–374. A difficult discussion of the theory of intent and causation for the sophisticated reader.

Jerome Hall, General Principles of Criminal Law, 2nd ed. (Indianapolis, IN: Bobbs-Merrill, 1960), pp. 70–105. A difficult and challenging discussion of intent.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 224–320. A detailed discussion with citations to relevant cases on intent, concurrence, and causation.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 760–906. A valuable discussion of the historical evolution of criminal intent and causation.

Richard G. Singer and John Q. La Fond, Criminal Law Examples and Explanations (New York: Aspen, 2001), pp. 45–78, 99–146. An accessible overview of intent and causality with questions to test your understanding.

6. Parties to Crime and Vicarious Liability

American Law Institute, Model Penal Code and Commentaries, vol. 1, pt. 1 (Philadelphia: American Law Institute, 1985), pp. 295–348. An influential discussion of the appropriate standard of the law of accomplice and corporate liability.

George P. Fletcher, Rethinking Criminal Law (New York: Oxford University Press, 2000), pp. 649–682. A review of some of the most difficult issues arising in accomplice liability.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 257–283, 614–650. A clear and comprehensive summary of the law of parties and of strict and vicarious liability.

Herbert L. Packer, The Limits of the Criminal Sanction (Palo Alto, CA: Stanford University Press, 1968), pp. 121–131. An interesting discussion of the decline in the traditional standards for judging criminal liability and the increasing reliance on strict and vicarious liability.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 718–769, 911–914. An outline of the history and development of the law of parties and of the criminal liability of corporations.

Richard G. Singer and John Q. La Fond, Criminal Law Examples and Explanations, 2nd ed. (New York: Aspen, 2001), pp. 99–119, 329–359. A good summary of the law of parties with accompanying review questions.

7. Attempt, Conspiracy, and Solicitation

American Law Institute, Model Penal Code and Commentaries, vol. 2, pt. 1 (Philadelphia: American Law Institute, 1985), pp. 293–475. A comprehensive discussion of the major issues in inchoate offenses and suggested reforms.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 373–458. A good introduction to the law of inchoate crimes.

George P. Fletcher, Rethinking Criminal Law (New York: Oxford University Press, 2000), pp. 239–328. An in-depth exploration of the philosophical issues in the law of attempt. Fletcher also provides a brief discussion of whether the crime of conspiracy is consistent with the philosophical requirements of Anglo American criminal law.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 524–650. A comprehensive discussion of the law of inchoate crimes.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 611–658, 680–714. A review of the historical development and background of inchoate crimes.

Richard G. Singer and John Q. La Fond, Criminal Law Examples and Explanations, 2nd ed. (New York: Aspen, 2001), pp. 131–197, 239–327. A clear and concise summary with a helpful introduction to the Model Penal Code. The authors also provide useful review questions.

8. Justifications

American Law Institute, Model Penal Code and Commentaries, vol. 1, pt. 1 (Philadelphia: American Law Institute, 1985), pp. 31–307. A detailed and technical discussion of self- defense, defense of others, and defense of property.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), chaps. 17–20. A clear discussion comparing justifications and excuses and discussing the law of self-defense, defense of others, and defense of property and habitation.

George P. Fletcher, A Crime of Self-Defense: Bernhard Goetz and the Law on Trial (New York: The Free Press, 1988). An analysis of the Bernhard Goetz case that explores the history and philosophical basis for self-defense.

Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law (Chicago: University of Chicago Press, 1987), pp. 8–81. A thought-provoking discussion of the philosophical bases of the necessity defense.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 477–523. A comprehensive explanation of justification defenses with useful citations to the leading cases and law review articles.

Arnold H. Loewy, Criminal Law in a Nutshell, 4th ed. (St. Paul, MN: West Publishing, 2003), chap. 6. A short and precise summary of justification defenses.

Herbert L. Packer, The Limits of the Criminal Sanction (Palo Alto, CA: Stanford University Press, 1968), pp. 113–121. A brief but insightful discussion of the reasons for justification defenses.

9. Excuses

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), Chap. 17. A clear and understandable summary of excuses.

George P. Fletcher, Rethinking Criminal Law (New York: Oxford University Press, 2000), pp. 798–855. A comprehensive survey of the approaches and the theoretical basis of excuses in various countries.

Abraham S. Goldstein, The Insanity Defense (New Haven, CT: Yale University Press, 1967). A leading law professor’s summary and evaluation of the insanity defense.

Hyman Gross, A Theory of Criminal Justice (New York: Oxford University Press, 1979), pp. 317–342. A good review of the literature calling for an abolition of excuses.

Norval Morris, Madness and the Criminal Law (Chicago: University of Chicago Press, 1984). One of the foremost criminal law scholars argues for the abolition of the insanity defense.

10. Homicide

American Law Institute, Model Penal Code and Commentaries, vol. 1, pt. 11 (Philadelphia: American Law Institute, 1980), pp. 4–107. A discussion and proposal for reform of the law of homicide.

Douglas Birsch and John H. Fielder (Eds.), The Ford Pinto Case: A Study in Applied Ethics, Business, and Technology (Albany: SUNY Press, 1994). A compilation of the documents involved in Ford Motor Company’s decision not to upgrade the defective design of the Pinto’s fuel system.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 499–544. A comprehensive and accessible review of the law of homicide.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 651–735. A detailed discussion of homicide with relevant citations.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 46–150. A comprehensive account of the evolution and contemporary standard for homicide.

11. Criminal Sexual Conduct, Assault and Battery, Kidnapping, and False Imprisonment

American Law Institute, Model Penal Code and Commentaries, vol. 1, pt. 2 (Philadelphia: American Law Institute, 1980), pp. 172–356. A comprehensive discussion of the conceptual development of and the legal and policy considerations underlying the crimes of rape, assault and battery, and kidnapping.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 569–598. A detailed account of the history and reform of rape laws.

Susan Estrich, Real Rape (Cambridge, MA: Harvard University Press, 1987). An influential analysis of rape law in the United States with a stress on the difficulties of prosecuting acquaintance rape.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 736–789. A comprehensive legal discussion of the laws of assault, battery, and rape with detailed citations.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 224–236. The best discussion of the history and law of kidnapping and false imprisonment.

12. Burglary, Trespass, Arson, and Mischief

American Law Institute, Model Penal Code and Commentaries, vol. 2, pt. 11 (Philadelphia: American Law Institute, 1980), pp. 3–94. A review of the laws of arson, criminal mischief, burglary, and trespass with proposed reforms.

John C. Klotter, Criminal Law, 7th ed. (New York: Lexis, 2004), pp. 175–214. A review of statutes on crimes against habitation and coverage of relevant federal laws.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 883–893. An understandable review of the law of burglary.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 247–288, 405–456. An analysis of the history and statutory provisions on arson, burglary, and malicious mischief.

13. Crimes Against Property

American Law Institute, Model Penal Code and Commentaries, vol. 2, pt. 2 (Philadelphia: American Law Institute, 1980), pp. 96–362. A comprehensive discussion of the history of common law property offenses and a description of various state statutes along with proposed reforms.

Joshua Dressler, Understanding Criminal Law, 3rd ed. (New York: Lexis, 2001), pp. 545–568. A clear discussion of larceny, embezzlement, false pretenses, and the consolidation of theft offenses.

Jerome Hall, Theft, Law, and Society, 2nd ed. (Indianapolis, IN: Bobbs-Merrill, 1952). The definitive analysis of the social and economic conditions in England that led to the development of various property offenses.

Wayne R. LaFave, Criminal Law, 3rd ed. (St. Paul, MN: West Publishing, 2000), pp. 789–885. A well-researched, in-depth discussion of property offenses with useful citations to the leading cases.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 292–452. A helpful overview of the historical development and common law of property offenses and a discussion of proposed reforms.

14. White-Collar Crime

American Law Institute, Model Penal Code and Commentaries, vol. 3, pt. 2 (Philadelphia: American Law Institute, 1980), pp. 309–523. A discussion of the common law background and various state statutes addressing offenses against public order and public decency.

Rollin M. Perkins and Ronald N. Boyce, Criminal Law, 3rd ed. (Mineola, NY: Foundation Press, 1982), pp. 453–498, 526–557. An introduction to the basic law of crimes against public order and morality.

15. Crimes Against Public Order and Morality

Bandon L. Garrett,  Too Big To Jail how Prosecutors Compromise With Corporations (New York: Belknap Press, 2014).

 Ellen S. Podgar and Jerold H. Israel, White Collar Crime in a Nutshell, 3rd ed. (St. Paul, MN: Thomson/West, 1997). A brief overview of the federal laws on white-collar crime.

Steven Rosoff, Henry Pontell, and Robert Tillman, Profit Without Honor: White-Collar Crime and the Looting of America, 5th ed. (Upper Saddle River, NJ: Prentice Hall, 2010). A good introduction to white-collar crime.

Neal Shover and John Paul Wright, Crimes of Privilege: Readings in White-Collar Crime (New York: Oxford University Press, 2000). An edited volume that provides a solid introduction to the academic literature on white-collar crime. Essays cover the characteristics of white-collar crime and of white-collar criminals, the motivation behind white-collar crime, and approaches to controlling white-collar crime.

J. Kelly Strader, Understanding White Collar Crime, 2nd ed. (New York: Lexis, 2006). A clear and comprehensive discussion of the laws and leading cases on white-collar crime.

16. Crimes Against the State

Michael Byers, War Law (London: Atlantic Books, 2005).A good introduction to those aspects of the international humanitarian law of war that are relevant to the “war on terror.”

Barton L. Ingraham, Political Crime in Europe: A Comparative Study of France, Germany, and England (Berkeley: University of California Press, 1979). A legal history of political crime in three European countries.

Nicholas N. Kittrie, Rebels With a Cause (Boulder, CO: Westview, 1999). A criminological analysis of political offenders and a discussion of the legal issues involved in prosecuting political offenders.

Nicholas N. Kittrie, The War Against Authority (Baltimore: Johns Hopkins University Press, 1995). A comprehensive legal history of political offenses in the United States.

Nicholas N. Kittrie and Eldon D. Wedlock, Jr., eds., The Tree of Liberty (Baltimore: Johns Hopkins University Press, 1986). A collection of historical documents on political crime in the United States.

Eric Lichtblau, Bush’s Law: The Remaking of American Justice (New York: Pantheon Books, 2008). An account by a New York Times reporter of his experiences in covering several significant legal issues presented by the “war on terror.”

Ronald C. Slye and Beth Van Schaack, International Criminal Law: The Essentials (New York: Aspen Publishers, 2009). An overview of international criminal law.

Steven T. Wax, Kafka Comes to America: Fighting for Justice in the War on Terror: A Public Defender’s Inside Account (New York: Other Press, 2008). A federal public defender’s personal account of representing defendants charged with violation of counterterrorism laws.

Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (New York: Penguin, 2008). A balanced discussion of the major questions that arise in the investigation and prosecution of terrorist crimes.