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Criminal Law: Historical Ethical and Moral Foundations 3rd Edition By Charles P. Nemeth

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681
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27.22 MB
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The 3rd edition of Criminal Law: Historical, Ethical, and Moral Foundations by Charles P. Nemeth details the legal, moral, and historical underpinnings of criminal jurisprudence. Grounded heavily in the Model Penal Code, the text moves beyond standard penal codes to explore how spiritual, philosophical, and societal changes shape modern statutory laws. [1, 2]
The volume spans 11 specific chapters covering foundational concepts, primary criminal offenses, and legal defenses: [1, 2, 3]
Legal Foundations & Principles
  • The Foundation and Heritage of Criminal Law: The origin of criminal codes alongside moral, religious, spiritual, and humanistic influences. [1]
  • Definitions of Crime: How different categories of crime are classified and described within the modern criminal justice model. [1]
  • Actus Reus and Mens Rea: The two fundamental elements required for legal culpability—the criminal act/omission and the intent or state of mind of the actor. [1]
Crimes Against the Person
  • Crimes Against the Person (Homicide): Terminal conduct resulting in death, including murder, manslaughter, felony murder, and negligent homicide. [1]
  • Crimes Against the Person (Assault & Other Offenses): Non-terminal violent behavior including robbery, kidnapping, false imprisonment, assault, and hate crimes. [1]
  • Sexual Offenses Against the Person: Criminal behaviors such as sexual assault, rape, incest, child molestation, and necrophilia. [1]
Property, Habitation, & Public Morality
  • Crimes Against Property: Financial and material offenses including larceny, theft, bribery, forgery, and embezzlement. [1]
  • Crimes Against Habitation: Offenses directed specifically at physical dwellings or properties, such as burglary, trespassing, arson, and vandalism. [1]
  • Offenses Contrary to Public Morality: Controversial societal and ethical legal matters, including the ongoing debates surrounding prostitution, drug legalization, obscenity, and pornography. [1]
Inchoate Acts & Legal Defenses
  • Inchoate Offenses: Legal frameworks regarding incomplete criminal acts, such as attempts, solicitation, and criminal conspiracies.
  • Criminal Defenses: Affirmative and legal excuses to criminal prosecution, featuring legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. [1, 3]

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