Criminal Law (10th Edition) by Joel Samaha

By Joel Samaha

Transparent, concise, and leading edge, Joel Samaha's best-selling felony legislations, 10e is helping you follow felony law's enduring foundations and ideas to interesting proceedings and particular crimes. With a balanced combination of case excerpts and writer observation, Samaha courses you as you sharpen your serious considering and criminal research talents. You'll see the foundations, defenses, and parts of crime at paintings as you move throughout the book--and you'll know about the overall rules of legal legal responsibility and its defenses, in addition to the weather of crimes opposed to people, estate, society, and the nation.

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Retributionists, however, claim that retribution rests not only on long use but also on two firm philosophical foundations, namely culpability and justice. According to its proponents, retribution requires culpability. Only someone who intends to harm her victim deserves punishment; accidents don’t qualify. So people who load, aim, and fire 24 | CHAPTER 1 • Criminal Law and Criminal Punishment guns into their enemies’ chests deserve punishment; hunters who fire at what they think is a deer and hit their companions who they should know are in the line of fire, don’t.

27 Rehabilitation In his widely acclaimed book The Limits of the Criminal Sanction, Herbert Packer (1968) succinctly summarized the aims of rehabilitation: “The most immediately appealing justification for punishment is the claim that it may be used to prevent crimes by so changing the personality of the offender that he will conform to the dictates of law; in a word, by reforming him” (50). Rehabilitation borrows from the “medical model” of criminal law. ” The length of imprisonment depends on how long it takes to cure the patient.

California, a code jurisdiction, includes all of the common law felonies in its criminal code (West’s California Penal Code 1988, § 187(a)). The California Supreme Court relied on the common law to determine the meaning of its murder statute in Keeler v. Superior Court (1970). Robert Keeler’s wife Teresa was pregnant with another man’s child. Robert kicked the pregnant Teresa in the stomach, causing her to abort the fetus. The California court had to decide whether fetuses were included in the murder statute.

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