Brody Transition Guide
TRANSITION GUIDE
Criminal Law
SECOND EDITION
David C. Brody, JD, PhD and James R. Acker, JD, PhD
NEW TO THIS EDITION:
A majority of the material carried over from the First Edition to this Second Edition was revised to include updated and relevant information. Chapter Objectives, Key Terms, and Review Questions have been added to every chapter to foster a better understanding of concepts covered.
Chapter 1—Introduction to the Study of Criminal Law
Chapter 2—Constitutional Limits on the Definition and Punishment of Crimes
• New additions – “Constitutional Issues in Anti-Terrorism Laws” and illustrative Supreme Court cases:
Regarding discussions of “ex post facto” issues and principles:
- Stogner v. California (2003)
-Connecticut Dept. of Public Safety v. Doe (2003)
- Smith v. Doe (2003)
Regarding state's power to prosecute consensual homosexual sodomy consistent with Substantive Due Process principles:
- Lawrence v. Texas (2003)
With respect to proportionality of punishment and 8th Amendment limitations:
- Kennedy v. Louisiana (2008)
- Ewing v. California(2003)
Chapter 3—The General Elements of Crimes
• New discussion of Supreme Court decision in Rogers v. Tennessee (2001), involving judicial abrogation of "year and a day rule" and due process challenge to new rule's application in the case in which abrogation was announced.
Chapter 4—Justification Defenses
• New discussions on State v. Stewart (Kan. 1988), involving presentation of expert testimony on the "battered woman syndrome" in connection with claim of self defense.
• New case - Warrington v. State (Del. 2003) and discussion of "castle doctrine" involving use of force in defense of habitat.
Chapter 5—Excuse Defenses
• New discussion of Andrea Yates case in connection with insanity defense.
• New case - United States v. Wagner (7th Cir. 2003) in connection with federal insanity test.
• New discussion of Supreme Court decision in Clark v. Arizona (2006)min connection with states' authority to limit availability of insanity defense.
• New case - State v. Doran (Ohio 1983) connection with entrapment defense.
Chapter 6—Criminal Homicide
• New additions – “Malice and the Burden of Proof.” New and expanded information on Felony Murder including:
The Nature of the Underlying Felony
Killing During the Preparation of the Felony
Vicarious Liability: Killing by Cofelons
Note of the Death Penalty and Felony Murder
Killings Committed by Third Parties
Should the Felony Murder Rule be Abolished?
Chapter 7—Rape and Sexual Assault
• New discussion of Humphrey v. Wilson (Ga. 2007) in connection with statutory rape laws.
• New discussion of Kennedy v. Louisiana (2008), the U.S. Supreme Court decision invalidating capital punishment for crime of raping a child.
Chapter 8—Other Crimes against the Person
Chapter 9—Property Crimes and Crimes against Habitation
• New/expanded information on “Graded Burglary.”
Chapter 10—White Collar Crimes
Chapter 11—Liability for the Conduct of Another
• Added – “Sharing a Common Purpose.”
Chapter 12—InchoateCrimes
• Added – “The Agreement”, “Unilateral or Bilateral Agreements” and “The Overt Act.”
New to the Second Edition (From the Preface)
In preparing this second edition, we set out to strengthen the core feature of the book, the direct presentation of case law, while making pedagogical-based changes stemming from the feedback we received from our students and colleagues over the past eight years.
As an initial step in developing this second edition, we reviewed each case contained the first edition with an eye toward continued validity, mode of presentation, and over inclusion of unnecessary portions of opinions. Based on this review, a number of changes were made to the how specific topics covered in the first edition were presented in this second edition. In some instances, where more recent cases did a better job of explaining the point of law, or when the point of law in a case was directly or indirectly overruled, the case was replaced. In other instances, the judicial opinion was reedited to read better and remove unnecessary dicta or verbiage.
In addition to the changes involving presentation of the substantive law contained in the first edition, several new areas of law, not covered before, were included in this new edition. The most notable of these additions involves the inclusion of case law and text related to the “war on terrorism”. The second edition presents materials that illustrate important developments in the substantive criminal law as well as constitutional limitations stemming from the war on terrorism embarked on subsequent to the events of September 11, 2001.
Beyond materials related to homeland security issues, a number of areas were strengthened and updated. These items include updates due to recent precedent in the areas of assisted suicide prohibitions, anti-sodomy laws, and the constitutionality of implementing the death penalty for crimes not involving homicide. Additional materials were also added related to anti-stalking legislation, as well as the prosecution of cybercrimes.
Perhaps more than revising the substantive materials discussed above, preparing a second edition gave us the opportunity to add a number of pedagogical features not included in the first edition. New features which have been added in response to suggestions from students and faculty include the following items.
- In each chapter, bulleted chapter objectives are provided at beginning of individual chapters to help students and instructors focus on the main themes and points presented.
- To help students retain the definition of key terms, a glossary defining key terms contained in judicial opinions and supplemental text. Beyond defining terms contained in the text and judicial opinions, for ease of use and the glossary is indexed to the primary location in the text where each term is discussed.
- To assist students in developing their critical thinking skills and comprehension of the material, a number of review questions are presented at the end of each chapter.
- To facilitate the ability of interested students to dig deeper into areas of particular interest, a list of suggested readings appropriate for upper-division as well as graduate students is presented at the end of each chapter.
This new edition of the text was prepared to facilitate and encourage students and instructors to make use of the wealth of information available on the Internet. With this in mind we have developed a web site containing additional case materials, updated case law, links to unedited Supreme Court opinions and oral arguments, and links to current events related to the text.
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