Download Criminal Law (11th Edition) by Thomas J. Gardner, Terry M. Anderson PDF

By Thomas J. Gardner, Terry M. Anderson

Equipping you with a pragmatic figuring out of criminal issues, Gardner and Anderson's felony legislations, 11e gives you accomplished assurance of the main elements of great legal legislations in a remarkably reader-friendly presentation. Its extra narrative, descriptive procedure exposes readers to the language of the legislations with out overwhelming them. an established marketplace chief, the e-book bargains entire assurance of the problems and rules using American legal justice this present day.

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Extra info for Criminal Law (11th Edition)

Sample text

The standards set by moral laws are generally higher than those set by criminal laws. Moral law attempts to perfect personal character, whereas criminal law, in general, is aimed at misbehavior that falls substantially below the norms of the community. Criminal conduct is ordinarily unjustifiable and inexcusable. Criminal law alone cannot bring all conduct into conformity with the standards expected by the community. Society uses many sanctions besides criminal law to encourage people to behave properly.

The Latin maxim nulla poena sine lege (“no punishment without law”) long ago established this principle. S. ”9 In American jurisprudence the principle of legality has two main tenets: one, it prohibits retroactive definition of criminal behavior by judicial decision, and two, it requires statutory definitions of crimes to be sufficiently clear and precise so as to enable reasonable people to understand what conduct is prohibited. By the end of the nineteenth century, it was generally accepted in this country that courts lacked the power to “create” crimes that had not previously existed under statute or common law (see later in this chapter).

S. ” The term police power refers to the broad legislative power of a state to pass laws that promote the public health, safety, and welfare. In the 1949 case of Kovacs v. S. Supreme Court stated: The police power of a state extends beyond health, morals and safety, and comprehends the duty, within constitutional limitations, to protect the well-being and tranquility of a community. 4 In the 1974 case of Village of Belle Terre v. S. Supreme Court sustained a zoning ordinance restricting land use to single-family dwellings, stating: The police power is not confined to elimination of filth, stench, and unhealthy places.

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