Crimes and Punishment: Cases, Materials, and Readings in Criminal Law

by Martin R. Gardner, Richard G. Singer

This unique casebook examines the underlying principles of criminal law - punishment, actus reus , and mens rea . It reflects the authors' viewpoint that the purpose of criminal law is to reflect the moral standards of our society and to punish those who, with culpability and awareness, violate these moral norms. Not a study of particular crimes per se, the materials do focus on several crimes whose characteristics illuminate these basic foundations and principles of criminal law.
The law of homicide is examined to exemplify the problem of grading offenses for purposes of imposing punishment, sometimes the ultimate penalty of death for certain homicides. The crime of rape is investigated for essentially two Finally, the materials present several inchoate crimes in order to explore the role of harm within the criminal law and to provide a vehicle for studying differentiated mens rea elements for various actus reus elements of a given offense.
The book concludes with a look at accomplice liability and an examination of theories of defense. The defense doctrines present a final opportunity to consider the actus reus and mens rea principles as they relate to the issue of appropriate employment of the punitive sanction.

Hardcover

First published February 28, 1993

About the author

Martin R. Gardner was a distinguished professor of law who taught for 42 years at the University of Nebraska, specializing in family law, juvenile law, and criminal procedure. A graduate of the University of Utah, he also held teaching positions at Indiana University and the University of Alabama and was a law fellow at Harvard. He authored numerous scholarly articles and books, including the widely used Understanding Juvenile Law. A lover of classical music, devoted teacher, and lifelong member of the LDS Church, Gardner was known for his deep commitment to students, family, and community. He also proudly served in the Utah and Nebraska National Guard bands.