Criminal Law and Its Processes: Cases and Materials

by Sanford H. Kadish, Stephen J. Schulhofer, Rachel E. Barkow

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From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios.

Features:


Retains prior edition s principal cases and Notes and Questions approach to explain and probe fundamental concepts. Notes updated to incorporate contemporary cases and recent news touching on criminal law. Inclusion of additional preeminent cases in the field of criminal law, including:
Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity) Rosamondv. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability) Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense).
Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context. Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal law CasebookConnect features:

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Genres: Law, Textbooks, Nonfiction, Legal, School

1400 pages, Unbound

First published January 1, 1975

Reviews

[Rhodes · Rating 1 out of 5]

literally no explanation about what anything is followed by confusing opinions about the thing that wasn’t explained.

[Camryn · Rating 2 out of 5]

I read every page of this book and I WILL get credit for it

[mz · Rating 2 out of 5]

Although the voluminous notes and cases likely provide an apt view of the schizophrenic Anglo-American criminal law, I would have appreciated some better exposition of unifying themes.

[Ke · Rating 5 out of 5]

I found this book comprehensive and for the most part clear. The authors also selected interesting cases (e.g. bacon side-petty thief Hayes, page 693). Maybe my only quibble is that the authors seemed to be flogging their own research. It is understandable that they would include their work (you write what you know), but I found that the book's coverage of material weighed unusually on the authors' side. Maybe the authors could have included more work by their critics.

[Charles McGonigal · Rating 1 out of 5]

Terrible textbook. But at least the lead author got to excerpt himself a lot - that must have been nice.

[Michael I · Rating 1 out of 5]

This textbook doesn't even try to hide how biased it is against the criminal justice system.

"Politically conservative, affluent white males were likely to feel strongly that Harris was much more at fault than the police....In contrast, politically liberal and well-educated but less affluent individuals, especially African Americans and women were much more likely to believe that Harris and the police were about equally at fault".

The authors conveniently left out that people in the Northeast were less likely as well. I guess it doesn't fit the clean line between conservative, rich, white men (presumably the villains) and well-educated liberal women and minorities.

Also, if I have to read one more leading rhetorical question, I swear...

"Is Justice *** right to suggest that severe economic deprivation and structural racism do not undermine society's moral right to to inflict punishment. That environmental circumstances do not undermine the personal responsibility of people who commit certain (for example, nonviolent) crimes? That workable lines cannot be drawn?"

I love how wealthy city lawyers who live in penthouses and send their kids to private schools can lecture about how criminals are really just victims of society. It's easy to preach from the top of society...

[Logan · Rating 1 out of 5]

Extremely frustrating for a 1L student to follow, as the mind-blind authors skip over any substantive explanations and go right into the philosophy and academic commentary of the issues. This is awesome, except for the fact the only folks who care about philosophy and academic commentary of legal concepts are philosophers and and academia commentators. In this book, there may be more interrogative statements than declaratory. In outlining for class, I took 30,000 words of notes for the exam based on the book. I deleted the document because it was so useless for a Criminal Law exam.

But at least I know about what Kadish thinks about Benthem's argument of the Utilitarian view of retribution punishment. Who cares. What is a Burglary? I still don't know.

[Danny · Rating 4 out of 5]

First case: In re Winship 08/26/22

Final case: People v. Goetz 11/18/22

[SK]

Dostoevsky did it better.

[emily]

yeah I’m counting this bc I literally had to read every single page

[Josie Wu · Rating 3 out of 5]

policy reviews seemed a little one-sided

[ash]

DONE WITH CRIM 🙏🏻

[Bella DeFeo]

mama im in love with a criminal (luigi mangione)

[Kendall · Rating 2 out of 5]

RIP my fun tbr

[Arianna Laufer · Rating 5 out of 5]

enjoyed crim, this book was great tbh - nothing but good comments for it all around

[Edward · Rating 4 out of 5]

I read portions of this book for professor Bonventre's Criminal Law class at Albany Law school.

The book was a pleasure to read and gives a thorough account of the criminal process. The instruction I received focused mostly on the theories behind the criminal process. It was presented in a manner that made criminal law look very grey as opposed to the black and white structure of guilty or not guilty which was a very interesting thing.

[sambo · Rating 3 out of 5]

i learned that as an immigrant from a foreign land, if i ever commit a specific intent crime, i can raise a cultural defense to negate the requisite mens rea.

[Mathew]

so many good things

[Meredith · Rating 3 out of 5]

People do the most unusual things. And then, sometimes, they go to prison for doing so.

[Sara · Rating 1 out of 5]

Actually one of the better law books because it's not just case law, but it talks about legal theories and different schools of thought along with the progression of the law.

[Hannah · Rating 2 out of 5]

We didn't use the book much in class.

[Sarah · Rating 3 out of 5]

Interesting cases, but very dense and thin-paged (bad match for highlighters!).

[Kate · Rating 3 out of 5]

Murder and manslaughter and rape, oh my!

[Elizabeth Pyjov · Rating 5 out of 5]

I would seriously read portions of this for pleasure - the philosophy of it is so good.

[Annie · Rating 3 out of 5]

Pretty good casebook. For, you know, a casebook.