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Criminal Law
12th
edition
Joel Samaha
Horace T. Morse Distinguished Teaching Professor
University of Minnesota
Australia • Brazil • Mexico • Singapore • United Kingdom • United States
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For My Students
About the Author

Professor Joel Samaha teaches Criminal Law and Criminal Procedure and,
until 2014, Introduction to Criminal Justice at the University of Minnesota. He
is both a lawyer and a historian whose primary interest is crime control in a
constitutional democracy. He received his BA, JD, and PhD from Northwestern
University. Professor Samaha also studied under the late Sir Geoffrey Elton
at Cambridge University, England. He was named the College of Liberal Arts
Distinguished Teacher in 1974. In 2007, he was awarded the title of University
of Minnesota Distinguished Teaching Professor and inducted into the Academy
of Distinguished Teachers.
Professor Samaha was admitted to the Illinois Bar in 1962, where he practiced
law briefly in Chicago. He taught at UCLA before going to the University of
Minnesota in 1971. He has taught both television and radio courses in crimi-
nal justice and co-taught a National Endowment for the Humanities seminar
in legal and constitutional history. At the University of Minnesota, he served
as chair of the Department of Criminal Justice Studies from 1974 to 1978.
In addition to Law and Order in Historical Perspective (1974), an analysis
of law enforcement in pre-industrial English society, Professor Samaha has
transcribed and written a scholarly introduction to a set of local criminal jus-
tice records from the reign of Elizabeth I. He has also written several articles
on the history of criminal justice, published in the Historical Journal, Ameri-
can Journal of Legal History, Minnesota Law Review, William Mitchell Law
Review, and Journal of Social History. In addition to Criminal Law, he has
written two other textbooks, Criminal Procedure, now in its ninth edition,
and Criminal Justice, now in its seventh edition.
Brief Contents
Chapter 1 Criminal Law and Punishment in U.S. Society: An Overview 2
Chapter 2 Constitutional Limits on Criminal Law 38
Chapter 3 The Criminal Act: The First Principle of Criminal Liability 94
Chapter 4 The General Principles of Criminal Liability: Mens Rea,

Concurrence, Ignorance, and Mistake 124
Chapter 5 Defenses to Criminal Liability I: Justifications 162
Chapter 6 Defenses to Criminal Liability II: Excuses 204
Chapter 7 Parties to Crime and Vicarious Liability 242
Chapter 8 Inchoate Crimes 270
Chapter 9 Crimes Against Persons I: Murder and Manslaughter 320
Chapter 10 Crimes Against Persons II: Sex Offenses, Bodily Injury,

and Personal Restraint 380
Chapter 11 Crimes Against Property 430
Chapter 12 Crimes Against Public Order and Morals 484
Chapter 13 Crimes Against the State 518
Glossary 544
Bibliography 554
Case Index 564
Index 568
iv
Contents
About the Author iii chapter 2

Preface x Constitutional Limits on Criminal Law 38
The Principle of Legality 40
The Ban on Ex Post Facto Laws 41
chapter 1
The Void-for-Vagueness Doctrine 42
Criminal Law and Punishment in U.S. Society: The Aims of the Void-for-Vagueness Doctrine 43
Defining Vagueness 44
An Overview 2
Case: State v. Metzger (1982) 45
Criminal Law in U.S. Society 5 The Rule of Lenity 46
The Core Felonies 7 Proving Guilt in Criminal Cases 47
“All the rest” of U.S. Criminal Law: Proving Criminal Conduct 47
The “Police Power” 8 Proof in Justification and Excuse Defenses 48
History of the Police Power 8 The Bill of Rights and The Criminal Law 49
Police Power and Public Morals 9 Right to “Freedom of Speech” 49
Crimes and Noncriminal Legal Wrongs 10 Case: Commonwealth v. William P. Johnson and
Commonwealth v. Gail M. Johnson (2014) 50
Classifying Crimes 12 Right to “Bear Arms” 54
Sources of Criminal Law 12 Case: Woollard v. Gallagher (2013) 57
State Criminal Codes 13 The Right to Privacy 61
The Model Penal Code (MPC) 14 Case: Lawrence v. Texas (2003) 62
Municipal Ordinances 15 The Constitution and Criminal Punishment 65
The U.S. Criminal Code 16 Barbaric Punishments 65
Administrative Agency Crimes 17 Disproportionate Punishments 67
The Death Penalty: “Death Is Different” 68
Informal Discretionary Law Making 17
Case: Kennedy v. Louisiana (2008) 68
Criminal Law in the U.S. Federal System 19 The Death Penalty for Mentally Retarded Murderers 72
Criminal Punishment in U.S. Society 20 The Death Penalty for Juvenile Murderers 73
The Era of Mass Imprisonment, 1970s–Present 20 Life without Parole for Juveniles 75
Defining “Criminal Punishment” 21 Case: State v. Ninham (2011) 76
Prison Sentences 78
Theories of Criminal Punishment 22
Retribution 22 Case: Ewing v. California (2003) 80
Prevention 24 The Right to Trial By Jury and Criminal
Deterrence 25 Sentencing 83
Incapacitation 26 Case: Gall v. U.S. (2007) 86
Rehabilitation 26
Empirical Evaluation of Criminal Law Theories 28
chapter 3
The Text-Case Method 28
The Parts of the Case Excerpts 30 The Criminal Act: The First Principle of
Briefing the Case Excerpts 31 Criminal Liability 94
Case: Carol Anne Bond (Defendant/Petitioner) v. United The Elements of Criminal Liability 96
States (2014) 32 The Criminal Act (Actus Reus): The First Principle
Finding Cases 35 of Liability 98
v
vi contents
The “Voluntary” Act Requirement 99 Proving Defenses 164

Case: State v. Burrell (1992) 100 Self-Defense 165
Sleep Driving 101
Elements of Self-Defense 166
Case: State v. Newman (2013) 102 Nonaggressor 166
Epileptic Seizures 106
Case: State v. Batie (2015) 166
Case: People v. Levy (2011) 106 Necessity, Proportionality, and Reasonable Belief 168
Status, Actus Reus, and the Constitution 110 Case: U.S. v. Haynes (1998) 169
Omissions as Criminal Acts 112 Case: People v. Goetz (1986) 171
Case: Commonwealth v. Pestinikas (1992) 114 Retreat 176
Possession as a Criminal Act 118 Domestic Violence 177
Case: Williams v. State (2013) 119 Cohabitant Rule 177
Battered Women Who Kill Their Abusers 177
chapter 4 Case: State v. Stewart (1988) 179
Defense of Others 186
The General Principles of Criminal Liability:
Defense of Home and Property 186
Mens Rea, Concurrence, Ignorance, and
New “Castle Laws” 187
Mistake 124 “Right to Defend” or “License to Kill”? 188
Why the Spread of Castle Laws Now? 188
Mens Rea 126
Cases Under New Castle Laws 189
The Complexity of Mens Rea 128 Jacqueline Galas 190
Proving “State of Mind” 129 Robert Lee Smiley, Jr. 190
Criminal Intent 129 Sarbrinder Pannu 190
General and Specific Intent 131 Unidentified Gas Mart Clerk 191
Case: State v. Fleck (2012) 131 “Choice of Evils” 192

The Model Penal Code (MPC) Levels of Culpability 133 Case: Toops v. State (1994) 194
Purposely 135
Consent 197
Case: State v. Stark (1992) 135
Case: State v. Shelley (1997) 198
Knowingly 137
Case: State v. Jantzi (1982) 138
Recklessly 139 chapter 6
Negligently 140
Case: Koppersmith v. State (1999) 140 Defenses to Criminal Liability II:
Liability Without Fault (Strict Liability) 142 Excuses 204
Case: State v. Loge (2000) 143
The Insanity Defense 206
Concurrence 146 History of the Insanity Defense 207
Causation 146 The Insanity Defense: Myths and Reality 209
Factual Cause 147 Proving Insanity 210
Legal (“Proximate”) Cause 147 Tests of Insanity 212
Case: State v. Bauer (2014) 148 The Right–Wrong Test (McNaughtan Rule) 212
Failure of Proof “Defenses”: Ignorance and Case: Myers III v. State (2015) 213
Mistake 151 The Irresistible Impulse Test 219
The Product of Mental Illness Test (Durham Rule) 220
Ignorance of Law 152
The Substantial Capacity Test (Model Penal Code Test) 220
Mistake of Fact 152
A General Ignorance or Mistake “Defense” 152 The Defense of Diminished Capacity 221
Case: State v. Jacobson (2005) 154 The Excuse of Age 222
Morality and Ignorance of the Law: Case: State v. K.R.L. (1992) 224
Empirical Findings 156 The Defense of Duress 226
The Problem with the Duress Defense 227
chapter 5 The Elements of Duress 227
Defenses to Criminal Liability I: The Defense of Intoxication 228
Justifications 162 The Defense of Entrapment 229
contents vii
Subjective Entrapment Test 230 Voluntary Abandonment 294

Case: Oliver v. State (1985) 231 Case: Le Barron v. State (1966) 296
Objective Entrapment Test 233 Conspiracy 298
Syndrome Defenses 233 Conspiracy Actus Reus 298
Premenstrual Syndrome (PMS) 234 The Agreement 299
Post-Traumatic Stress Disorder (PTSD) 234 The Overt Act 299
Case: State v. Belew (2014) 236 Conspiracy Mens Rea 299
Parties to Conspiracy 300
The Criminal Objective of the Conspiracy 301
chapter 7 Large-Scale Conspiracies 301
Parties to Crime and Vicarious Case: Griffin v. Gipson (2015) 302
Liability 242 The Racketeer Influenced and Corrupt Organizations
Act (RICO) 307
Parties to Crime 244 Prosecuting Organized Crime 308
Participation Before and During the Commission Prosecuting White Collar Crime 309
of a Crime 245 Prosecuting Government Corruption 309
Accomplice Actus Reus 246 Punishing RICO Offenders 310
Case: State v. Ulvinen (1981) 247 Case: Alexander v. U.S. (1993) 310
Accomplice Mens Rea 250 Solicitation 312
Participation after the Commission of a Crime 251 Solicitation Actus Reus 312
Case: State v. Chism (1983) 252 Solicitation Mens Rea 314
Vicarious Liability 255 Case: State v. Schleifer (1923) 314
Corporate Liability 255 Solicitation Criminal Objective 317
History 255
Respondeat Superior (“Let the Master Answer”) 257
Case: State v. Zeta Chi Fraternity (1997) 259
chapter 9
Individual Vicarious Liability 262 Crimes against Persons I:
Case: City of Waukesha v. Boehnen (2015) 262 Murder and Manslaughter 320
Case: State v. Akers (1979) 265
Criminal Homicide in Context 322
chapter 8 The Meaning of “Person” or “Human Being” 324
When Does Life Begin? 324
Inchoate Crimes 270 When Does Life End? 328
Attempt 272 Murder 329
Attempt Law History 273 History of Murder Law 329
Case: Dabney v. State (2004) 274 Elements of Murder 331
The Rationales for Criminal Attempt Law 277 Murder Actus Reus 332
Murder Mens Rea 332
The Elements of Criminal Attempt Law 278
Attempt Mens Rea 278 Kinds and Degrees of Murder 333
Case: State v. King (2015) 279 First-Degree Murder 334
Attempt Actus Reus 281 Death Penalty and First-Degree Murder 334
All But the Last Act Test 283 First-Degree Murder Mens Rea 335
“Dangerous Proximity to Success” Test 283 Proving “Intent to Kill”: The Deadly Weapon Doctrine 337
“Indispensable Element” Test 283
Case: State v. Snowden (1957) 338
“Unequivocality” Test 284
First-Degree Murder Actus Reus 341
“Probable Desistance” Test 284
The Model Penal Code (MPC) “Substantial Steps” Case: Duest v. State (1985) 341
Test 285 Second-Degree Murder 343
Case: George Lee Mims, Sr. v. U.S. (1967) 286 Case: People v. Thomas (1978) 344
Defenses to Attempt Liability 288 Depraved Heart Murder 346
Legal Impossibility 288 Felony Murder 346
Case: State v. Damms (1960) 290 Corporation Murder 349
viii contents
Case: People v. O’Neil (1990) 350 Rape Mens Rea 403

Statutory Rape 404
Manslaughter 353
Criminal Sexual Contact 404
Voluntary Manslaughter 355
Case: State v. Triestman (2010) 405
Adequate Provocation 356
“Sudden Heat of Passion” with No “Cooling-Off” Bodily Injury and Threats of Bodily Injury Crimes 407
Period 357 Battery 407
Causation 358 Assault 408
Provocation by Words 358 Domestic Violence Crimes 410
Provocation by Intimates 359
Case: Hamilton v. Cameron (1997) 411
Provocation by Nonviolent Homosexual
Advance (NHA) 359 Stalking 415
Case: Commonwealth v. Schnopps (1983) 360 Antistalking Statutes 415
“Gay Panic” 363 Stalking Actus Reus 416
The Emotion–Act Distinction 363 Stalking Mens Rea 416
Case: Commonwealth v. Carr (1990) 364 Stalking Bad Result 417
Cyberstalking 417
Involuntary Manslaughter 365
Criminal Negligence Manslaughter 367 Case: State v. Hoying (2005) 417
Case: State v. Mays (2000) 368 Personal Restraint Crimes 421
Unlawful Act Manslaughter 370 Kidnapping 422
Doctor-Assisted Suicide 371 Kidnapping Actus Reus 423
Kinds of Euthanasia 372 Case: People v. Allen (1997) 423
Kidnapping Mens Rea 425
Arguments against Doctor-Assisted Suicide 373
Grading Kidnapping Seriousness 425
The Intrinsically Immoral and Wrong Argument 373
The “Slippery Slope” Argument 373 False Imprisonment 426
Arguments in Favor of Doctor-Assisted Suicide 373
Doctor-Assisted Suicide and the Criminal Law 376
chapter 11
Public Opinion and Doctor-Assisted Suicide 376
Crimes Against Property 430
chapter 10 History of Criminally Taking Other People’s
Crimes Against Persons II: Sex Offenses, Property 433
Bodily Injury, and Personal Restraint 380 Larceny and Theft 434
Case: People v. Lai Lee (2009) 435
Sex Offenses 382 White-Collar Crime 438
The New Criminal Sexual Conduct Regime 384 Federal Mail Fraud 438
The Law 384 Case: U.S. v. Maze (1974) 439
Proof beyond a Reasonable Doubt 385 Ponzi Schemes 442
Proof by Words and Nonverbal Civil Liability 445
Communication 386 Robbery 445
The Culture 386 Robbery Actus Reus (Criminal Act) 446
Criminal Sexual Conduct Statutes 387 Case: State v. Rolon (2012) 447
Definition and Grading 388 Robbery Mens Rea (Intent) 451
Nonconsent, Force, and Resistance 389 The Degrees of Robbery 451
Corroboration 389 Receiving Stolen Property 452
Victim’s Sexual History 389 Receiving Stolen Property Actus Reus 452
Marital Exception 389 Receiving Stolen Property Mens Rea 452
The Elements of Modern Rape Law 390 Case: Sonnier v. State (1992) 453
Rape Actus Reus: The Force and Resistance Rule 391
Damaging and Destroying Other People’s Property 455
Case: Commonwealth v. Berkowitz (1992) 393
Extrinsic Force 393
Arson 455
Does “No” Always Mean “No”? 396 Arson Actus Reus: Burning 456
The Kahan Berkowitz Experiment 397 Arson Mens Rea 457
Intrinsic Force 399 The Degrees of Arson 457
Case: State in the Interest of S.M.I. (2012) 400 Criminal Mischief 458
The Threat of Force 402 Criminal Mischief Actus Reus 458
contents ix
Criminal Mischief Mens Rea 458 History of Victimless Crimes 503

Case: Commonwealth v. Mitchell (1994) 459 Prostitution 504
Invading Other People’s Property: Burglary and The History of Prostitution Laws 504
The Double Standard Today 505
Criminal Trespass 461
Court Remedies for the Double Standard 506
Burglary 461
Local Government Programs Targeting “Johns” 506
Burglary Actus Reus 462
Car Forfeiture 506
Circumstance Elements 463 Driver’s License Revocation 507
Case: Jewell v. State (1996) 463 Publishing Names in Various Media 507
Burglary Mens Rea 464
Minor Offnses: Public Order or Cash Cows? 508
The Degrees of Burglary 465
Case: U.S. Department of Justice v. Civil Rights Division
Criminal Trespass 466
The Elements of Criminal Trespass 466
(2015) 510
The Degrees of Criminal Trespass 466
Identity Theft 467 chapter 13
Case: Flores-Figueroa v. U.S. (2009) 469 Crimes Against the State 518
Cybercrimes 471
Intellectual Property Crimes 472 Treason 520
Case: U.S. v. Ancheta (2006) 473 Treason Laws and the American Revolution 520
The Dark Net 475 Treason Law since the Adoption of the U.S.
Case: U.S. v. Ulbricht (2015) 476 Constitution 522
Sedition, Sabotage, and Espionage 523
chapter 12 Sedition 523
Sabotage 524
Crimes Against Public Order and Espionage 527
Morals 484 The History of the Espionage Act 527
The Espionage Act Today 529
Disorderly Conduct 487 Antiterrorist Crimes 531
History of Disorderly Conduct 487 “Material Support and Resources” to “Terrorists” and
“Quality of Life” Crimes 489 Terrorist Organizations 532
Vagrancy and Loitering 490 Holder v. Humanitarian Law Project (2010) 534
Vagrancy 490 Social Media and “Material Support and Resources” 535
Loitering 491 Case: U.S. v. Asher Abid Khan 535
Panhandling 492
Gang Activity 494
Criminal Law Responses to Gang Activity 494 Glossary 544
Case: City of Chicago v. Morales (1999) 495 Bibliography 554
Civil Law Responses to Gang Activity 499
Review of Empirical Research on Gangs and Gang Case Index 564
Activity 499
Index 568
Case: City of Saint Paul v. East Side Boys and Selby Siders
(2009) 500
Violent Video Games 501
“Victimless Crimes” 502
Preface
C riminal Law was my favorite class as a first-year law student at Northwestern Uni-
versity Law School in 1958. I’ve loved it ever since, a love that has only grown
from teaching it at least once a year at the University of Minnesota since 1971. I hope
my love of the subject comes through in Criminal Law, which I’ve just finished for the
twelfth time. It’s a great source of satisfaction that my modest innovation to the study
of criminal law—the text-casebook—has endured and flourished. Criminal Law, the
text-casebook, brings together the description, analysis, and critique of general prin-
ciples with excerpts of cases edited for nonlawyers.
Like its predecessors, Criminal Law, Twelfth Edition, stresses both the general prin-
ciples that apply to all of criminal law and the specific elements of particular crimes
that prosecutors have to prove beyond a reasonable doubt. Learning the principles of
criminal law isn’t just a good mental exercise, although it does stimulate students to
use their minds. Understanding the general principles is an indispensable prerequisite
for understanding the elements of specific crimes. The general principles have lasted for
centuries. The definitions of the elements of specific crimes, on the other hand, differ
from state to state and over time because they have to meet the varied and changing
needs of new times and different places.
That the principles have stood the test of time testifies to their strength as a frame-
work for explaining the elements of crimes defined in the fifty states and in the U.S.
criminal code. But there’s more to their importance than durability; it’s also practical to
know and understand them. The general principles are the bases both of the elements
that prosecutors have to prove beyond a reasonable doubt to convict defendants and of
the defenses that justify or excuse defendants’ criminal conduct.
So Criminal Law, Twelfth Edition, rests on a solid foundation. But it can’t stand
still, any more than the subject of criminal law can remain frozen in time. The more
I teach and write about criminal law, the more I learn and rethink what I’ve already
learned; the more “good” cases I find that I didn’t know were there; and the more I’m
able to include cases that weren’t decided and reported when the previous edition went
to press.
Of course, it’s my obligation to incorporate into the twelfth edition these now-
decided and reported cases, and this new learning, rethinking, and discovery. But ob-
ligation doesn’t describe the pleasure that preparing now twelve editions of Criminal
Law brings me. It’s thrilling to find cases that illustrate a principle in terms students can
understand and that stimulate them to think critically about subjects worth thinking
about. It’s that thrill that drives me to make each edition better than the last. I hope
it will make my students—and you—more intelligent consumers of the law and social
reality of criminal law in the U.S. constitutional democracy.
Organization/Approach
The chapters in the text organize the criminal law into a traditional scheme that is
widely accepted and can embrace, with minor adjustments, the criminal law of any
state and/or the federal government. The logic of the arrangement is first to cover the
general part of the criminal law—namely, principles and doctrines common to all or
most crimes—and then the special part of criminal law—namely, the application of the
x general principles to the elements of specific crimes.
preface xi
Chapters 1 through 8 cover the general part of criminal law: the sources and pur-
poses of criminal law and criminal punishment; the constitutional limits on the criminal
law; the general principles of criminal liability; the defenses of justification and excuse;
parties to crime; and incomplete crimes.
Chapters 9 through 13 cover the special part of the criminal law: the major crimes
against persons; crimes against homes and property; crimes against public order and
morals; and crimes against the state.
Criminal Law has always followed the three-step analysis of criminal liability
(criminal conduct, justification, and excuse). Criminal Law brings this analysis into
sharp focus in two ways. First, the chapter sequence: Chapters 3 and 4 cover the general
principles of criminal conduct (criminal act, criminal intent, concurrence, and causa-
tion). Chapter 5 covers the defenses of justification, the second step in the analysis of
criminal liability. Chapter 6 covers the defenses of excuse, the third step. So the chapter
sequence mirrors precisely the three-step analysis of criminal liability.
Criminal Law also sharpens the focus on the three-step analysis by means of the
two kinds of Elements of Crime art. First are criminal conduct crime boxes, consisting
of a voluntary criminal act triggered by criminal intent. Second are bad result crimes,
consisting of a voluntary criminal act, criminal intent, and causing a criminal harm.
The design of these boxes is consistent throughout the book. The elements boxes
go right to the core of the three-step analysis of criminal liability, making it easier for
students to master the essence of criminal law: applying general principles to specific
individual crimes.
ELEMENTS OF MATERIAL SUPPORT TO TERRORISTS
Actus Reus Mens Rea Circumstance Criminal Conduct

(Voluntary Act) 1. Purposely or Provide aid to Material support to
1. Provide material 2. Knowingly individual terrorist terrorists
support or
resource or
2. Conceal or
disguise the
nature, location,
source, or
ownership
Changes to the Twelfth Edition

Criminal Law, Twelfth Edition, includes new case excerpts; an increased selection of
relevant legal and social science research; a rich collection of examples to illustrate main
points; new chapter-opening vignettes to enhance student relevancy; and numerous
new “You Decide” to give students an opportunity to prepare for on-the-job challenges.
For the first time, we have included the “Criminal Law in Focus” feature to high-
light current topics of interest in criminal law, such as relevant excerpts from the U.S.
Criminal Code, a comparison of the insanity defense myths and reality, and the Oregon
Death with Dignity Act. We have also included a running glossary to define terms as
each chapter progresses—a tool we think students will find invaluable.
Additionally, the Twelfth Edition includes entirely new sections, including some
on such high-profile topics as the ban on carrying concealed guns in churches, man-
datory life without parole for juveniles, the duty to intervene in criminal omissions,
physician-assisted suicide, “homegrown” (U.S. born and/or longtime resident non–U.S.
born) terrorists, and more.
xii preface
Throughout the book are also new charts and tables, and all retained graphics are
updated to reflect the most recent information available. Here are the highlights of the
changes in each chapter.
Chapter 1, Criminal Law and Punishment in U.S. Society: An Overview

New
• Vignette “Did he ‘intend’ to cause bodily harm?”
• Introduction “Overcriminalization and mass incarceration” Two hot button issues
that affect two aspects of CL12, namely criminal law and punishment
• Figure “Arrests 2013”
• Text Link the general discussion of the breadth and depth of criminal law and
punishment to specific chapters in the book.
• Subsections
—— “Informal Discretionary Law Making” In practice, police, prosecutors, and
judges are a source of law making in the vast number of minor crimes, such as
drug offenses and disorderly conduct covered in Chapters 2 and 12.
—— “The Era of Mass Imprisonment, 1970s–Present” Develops the point that U.S.
has 5% of world population and 25% of prisoners.
—— “Empirical Evaluation of Criminal Law Theories” Contains the latest empiri-
cal research on retributionists and deterrence theories.
• You Decide “Was the ‘law making’ of the police and prosecutor ethical?”
• Case Excerpt Carole Anne Bond v. United States (2014) “Was the arsenic a
‘chemical weapon?’”
Revised
• Table “Selected Crimes and Arrest Statistics, 2013”
Chapter 2, Constitutional Limits on Criminal Law

New
• Vignette “Violation of Doctors’ Right to Free Speech?”
• You Decide “Did the longer sentence violate the ban on ex post facto laws?”
• Subsections
—— “The Rule of Lenity”
—— “Proving Guilt in Criminal Cases”
• Case
—— Commonwealth v. William P. Johnson and Commonwealth v. Gail M. Johnson
(2014) “Is cyberharassment free speech?”
—— Woollard v. Gallagher (2013) “Does the ‘good and substantial reason’ require-
ment violate the Second Amendment?”
Revised
• Subsection
—— “Right to ‘Bear Arms’”
—— “Prison Sentences”
Chapter 3, The Criminal Act: The First Principle of Criminal Liability

New
• Vignette “Did They Have a ‘Legal’ Duty to Act?”
• Section “Sleep Driving”
preface xiii
• Case Excerpts
—— State v. Newman (2013) “Did ‘sleep driving’ nullify the voluntary act require-
ment?”
—— People v. Levy (2011) “Did his conduct ‘include a voluntary act’?”
—— Williams v. State (2013) “Did she possess cannabis with the intent to sell, man-
ufacture, or deliver it?”
• You Decide
—— “Is ‘sleep sex’ a voluntary act?”
—— “Did he kill during ‘insulin shock’?”
Chapter 4, The General Principles of Criminal Liability: Mens Rea,

Concurrence, Ignorance, and Mistake
New
• Section “Failure of Proof ‘Defenses’: Ignorance and Mistake”
• Subsections
—— “Ignorance of Law”
—— “Mistake of Fact”
—— “A General Ignorance of Mistake ‘Defense’”
—— “Morality and Ignorance of the Law: Empirical Findings”
• Case Excerpts
—— State v. Fleck (2012) “Did he intend to inflict bodily harm?”
—— State v. Bauer (2014) “Did he cause the gunshot wounds?”
—— State v. Jacobson (2005) “Did he qualify for a failure of proof defense?”
• Criminal Law in Focus
—— “Definitions of the Three Kinds of Criminal Liability”
—— “MPC Levels of Culpability”
—— “Ignorance or Mistake: Model Penal Code, Section 2.04”
• You Decide
—— “Which court’s decision established the most ethical public policy regarding
the control of HIV?”
—— “Who’s entitled to the mistake of law defense?”
Revised
• “Mens Rea” Major rewrite includes:
—— Major Subsection Rewrites
■■ “Criminal Intent”
■■ “General and Specific Intent”
Chapter 5, Defenses to Criminal Liability I: Justifications

New
• Vignette Battered woman defense
• Subsections
—— “Cohabitant Rule” Exception to Retreat Rule
—— “Battered Women Who Kill Their Abusers” Major expansion of the battered
woman syndrome and the defense that grew out of it. Also statistics on domestic
partner violence
• Case Excerpt State v. Batie (2015) “Did she start the fight with her husband?”
xiv preface

—— “Reasonableness and the Battered Woman: Donna Lee Bechtel v. Oklahoma”
—— “Alabama Criminal Code Consent Law”
• You Decide
—— “Do the new castle laws protect the right to defend or provide a license to
kill?”
—— “Was burglary the lesser evil?”
—— “Can she consent to being assaulted?”
—— “Can he consent to being shot?”
Revised
• Sections
—— “Proving Defenses” Rewritten to clarify differences between perfect and imper-
fect defenses and how to prove them.
—— “Choice of Evils” Rewritten to clarify and improve the elements and history of
the “general defense of necessity.”
• Case Excerpt State v. Stewart (1988) Major addition to dissent to expand on bat-
tered woman defense evidence.
Chapter 6, Defenses to Criminal Liability II: Excuses

New
• Vignette Myers III v. State
• Case Excerpts
—— Myers III v. State (2015) “Was he guilty but mentally ill?”
—— State v. Belew (2014) “Were his ‘hidden wounds’ an excuse for shooting police
officers?”
—— “The Insanity Defense: Popular Myths and Empirical Reality”
—— “Competence and Sanity: Critical Differences”
—— “Juveniles Tried as Adults”
—— “Duress Statutes in Three States”
• Figure “Percent of Afghanistan/Iraq War Vets Suffering from PTSD, Depression,
and Traumatic Brain Injuries (TBI)”
• You Decide
—— “Is it ethical policy to try an eight-year-old for murder?”
Revised
• Sections
—— “The Insanity Defense” Revision to update and focus on the myth (fakers get
away with murder) and reality (defendants hardly ever plead insanity, and of
those practically none succeed).
—— “The Defense of Entrapment” Update history to include modern totalitarian
government, including Moammar Ghadafi and Kim Jong-un.
—— “Syndrome Defenses” Substantial new material, including empirical findings
on PTS effects on defense as it applies to the “hidden wounds” of returning
Afghanistan and Iraq War veterans.
preface xv
Chapter 7, Parties to Crime and Vicarious Liability

New
• Vignette “Was She an Accomplice?”
• Criminal Law in Focus “Common Law Parties to Crime”
• Case Excerpts City of Waukesha v. Boehnen (2015) “Was the owner criminally
liable for selling liquor to minors?”
• You Decide “Is it wise public policy to make parents guilty for their children’s
crimes?”
Chapter 8, Inchoate Crimes

New
• Vignette State v. Damms
—— “The Line between ‘Preparation’ and ‘Attempt’”
—— “1. Did They Get ‘Very Near’ to Robbing the Clerk?” and “2.
Was It ‘Preparation’ or ‘All But the Last Act’?”
—— “Why Prosecute Organized Crime under RICO?”
• Case Excerpts
—— Dabney v. State (2004) “Did he attempt to commit burglary?”
—— State v. King (2015) “Did he intend to kill?”
—— Griffin v. Gipson (2015) “Did he conspire to commit murder?”
• You Decide “Should both women be treated equally?”
Chapter 9, Crimes Against Persons I: Murder and Manslaughter

New
• Section “Kinds and Degrees of Murder”
• Vignette State v. Snowden
—— “Stages of Fetal Development in Feticide Statutes”
—— “Proving ‘Premeditation’ and ‘Deliberation’”
—— “Inherently Dangerous to Life in the Abstract Felonies”
—— “Four ‘Adequate’ Provocations”
—— “Provocation Jury Instruction”
—— “Model Penal Code Homicide Sections”
—— “Oregon Death with Dignity Act”
• Figure “Violent Crimes, 2013”
• You Decide
—— “Is partial birth abortion murder?”
—— “Was beating him to death with a baseball bat atrocious first-degree murder?”
—— “Murder or manslaughter?”
—— “Should doctor-assisted suicide be considered murder?”
Chapter 10, Crimes Against Persons II: Sex Offenses, Bodily Injury,
and Personal Restraint
New
• Vignette “Did he commit a felony sex offense?”
xvi preface
• Section
—— “Does ‘No’ Always Mean ‘No’?”
—— “The Kahan Berkowitz Experiment”
• Case Excerpt
—— State in the Interest of S.M.I. (2012) “Did he force her to have sexual inter-
course?”
—— State v. Triestman (2010) “Did he commit criminal sexual contact?”
• You Decide
—— “Is criminal law the best response to promote ethical domestic violence public
policy?”
—— “Should cyberbullying be a crime?”
• Table
—— “Perceived Offender Characteristics in Rape and Sexual Assault Victimizations
Against Females Ages 18–24 (by post-secondary enrollment status of victim),
1995–2013”
—— “Rape or Sexual Assault Victimizations Against Females Ages 18 to 24
(reported and not reported to police and reasons for not reporting, by post-
secondary enrollment status), 1995–2013”
• Revised
• Major Section Rewrite “Criminal Sexual Conduct Statutes” Added new material
on grass roots movement that swept the country and produced a revolution in rape
law, especially date rape
Chapter 11, Crimes Against Property

New
• Vignette “Was it theft?”
• Subsection “The Dark Net” Focuses on “…a part of the Internet most people
have never gone to because it’s an encrypted, hidden underworld that’s home to
pornography, black markets, trolls, criminals and extremists.”
• Case Excerpt
—— People v. Lai Lee (2009) “Was it purse snatching or shoplifting?”
—— State v. Rolon (2012) “Did he rob or steal from the victim?”
—— Flores-Figueroa v. U.S. (2009) “Did he ‘knowingly’ use someone else’s
identification cards?”
—— U.S. v. Ulbricht (2015) “Is he a libertarian hero or calculating drug lord?”
—— “Madoff Forfeiture Order”
—— “‘Purse Snatching’ vs. ‘Robbery’”
—— “MPC Criminal Mischief Provision”
—— “Grading Burglary”
—— “Aggravated Identity Theft”
—— “The Silk Road in Operation”
• Figure “Total Losses, 2012”
• Table “National Estimates of Intentionally Set Fires and Losses in Residential
Buildings”
preface xvii
Revised
• Major Section Revision “Cybercrimes”
Chapter 12, Crimes Against Public Order and Morals

New
• Section “Minor Offenses: Public Order or Cash Cows?” An investigation of
whether police practices promote public order or only generate income for city
governments. The section homes in on the Ferguson MO PD and the US DOJ’s
reports: one clearing Officer Darren Wilson of shooting Michael Brown and the
other condemning the FPD’s use of minor city offenses (jaywalking) to pay for the
city government’s operation.
• Case Excerpt U.S. Department of Justice v. Civil Rights Division (2015) “Investi-
gation of the Ferguson Police Department”
—— “Model Penal Code Elements of Special Disorderly Conduct Sections”
—— “Many Conservatives Are Blowing It on the DOJ Ferguson Report”
Revised
• Major Section Revisions
—— “Violent Video Games” Especially empirical research on the scientific link be-
tween violent video games and criminal behavior.
—— “Prostitution” Reduce coverage of the history of prostitution, and of the “dou-
ble standard” for johns and sex workers.
• Figure “Total Prostitution Arrests, 2013”
Chapter 13, Crimes Against the State

New
• Vignette Social media and cybercrime
• Case Excerpt U.S. v. Asher Abid Khan (2015)
—— “Selected Provisions and Definitions of Terrorism in the United States Code”
—— “U.S. Criminal Code ‘Material Support and Resources’ Provisions”
• You Decide
—— “Did they commit sabotage?”
—— “Which should be banned as ‘material support and resources’ to terrorists?”
Revised
• Major Section Revision “‘Material Support and Resources’ to ‘Terrorists’ and
Terrorist Organizations”
• Section
—— “The History of the Espionage Act” Streamlined, including other rarely pros-
ecuted crimes against the state.
—— “The Espionage Act Today” Updated to include espionage cases and punish-
ments up to 2015.
xviii preface
Supplements
Resources for Instructors
• MindTap Criminal Justice MindTap from Cengage Learning represents a new
approach to a highly personalized, online learning platform. A fully online learn-
ing solution, MindTap combines all of a student’s learning tools—readings, mul-
timedia, activities, and assessments—into a singular Learning Path that guides
the student through the curriculum. Instructors personalize the experience by
customizing the presentation of these learning tools for their students, allowing
instructors to seamlessly introduce their own content into the Learning Path via
“apps” that integrate into the MindTap platform. Additionally, MindTap pro-
vides interoperability with major Learning Management Systems (LMS) via sup-
port for open industry standards and fosters partnerships with third-party edu-
cational application providers to provide a highly collaborative, engaging, and
personalized learning experience.
• Online Instructor’s Resource Manual The instructor’s manual, which has been
updated and revised by Valerie Bell of Loras College to the Twelfth Edition, in-
cludes learning objectives, key terms, a detailed chapter outline, a chapter sum-
mary, discussion topics, student activities, and media tools. The learning objectives
are correlated with the discussion topics, student activities, and media tools.
• Online Test Bank Each chapter’s test bank contains questions in multiple-choice,
true/false, completion, and essay formats, with a full answer key. The test bank is
coded to the learning objectives that appear in the main text and includes the page
numbers in the main text where the answers can be found. Finally, each question in
the test bank has been carefully reviewed by experienced criminal justice instruc-
tors for quality, accuracy, and content coverage so instructors can be sure they are
working with an assessment and grading resource of the highest caliber.
• Cengage Learning Testing Powered by Cognero This assessment software is a
flexible, online system that allows you to import, edit, and manipulate test bank
content from the Criminal Law test bank or elsewhere, including your own favor-
ite test questions; create multiple test versions in an instant; and deliver tests from
your LMS, your classroom, or wherever you want.
• PowerPoint® Lectures Helping you make your lectures more engaging while effec-
tively reaching your visually oriented students, these handy Microsoft PowerPoint®
slides outline the chapters of the main text in a classroom-ready presentation. The
PowerPoint® slides are updated to reflect the content and organization of the new
edition of the text and feature some additional examples and real-world cases for
application and discussion. The PowerPoint® slides were updated for the current
edition by Valerie Bell of Loras College.
Resources for Students

• MindTap Criminal Justice MindTap from Cengage Learning represents a
new approach to a highly personalized, online learning platform. A fully online
learning solution, MindTap combines all of a student’s learning tools—readings,
multimedia, activities, and assessments—into a singular Learning Path that
guides the student through the curriculum. Instructors personalize the experi-
ence by customizing the presentation of these learning tools for their students,
allowing instructors to seamlessly introduce their own content into the Learning
Path via “apps” that integrate into the MindTap platform. Additionally, MindTap
preface xix
provides interoperability with major Learning Management Systems (LMS) via

support for open industry standards and fosters partnerships with third-party
educational application providers to provide a highly collaborative, engaging,
and personalized learning experience.
Acknowledgements
Criminal Law, Twelfth Edition (like the other eleven), didn’t get to you by my efforts
alone; I had a lot of help. I’m grateful for all those who have provided feedback over
the years. Many thanks also to Senior Product Manager Carolyn Henderson Meier and
Associate Content Developer Julia White; they and others at Cengage Learning have
helped me at every stage of the book.
Additionally, I would like to thank the following reviewers of the Eleventh Edition
for providing invaluable feedback and direction for this revision:
• Seth A. Dupuis, Springfield Technical • Andrew Kozal, Northwest State
Community College Community College
• Keith E. Johnson, Mansfield • Emily Renzelli, West Virginia
University of Pennsylvania University
• Daniel Hebert, Springfield Technical
Community College
Derek Volke. For five years Derek has enriched my life. First as my student. Sec-
ond as my TA in all three courses that I’ve taught at the University of Minnesota—
Introduction to Criminal Justice, Criminal Law, and Criminal Procedure. Third, he’s
been indispensable assistant in preparing Criminal Law, Twelfth Edition. The Learning
Objectives, Marginal Key Terms, and the Chapter Summaries are utterly and invaluably
his. I can’t count the number of times throughout the manuscript where he added com-
ments like “I think students might understand this better if you worded it this way….”
“I think this should be a key term; otherwise students might miss its significance.” “I’m
glad you changed this; I think it’ll be easier for students to understand now.” I accepted
all of Derek’s suggestions. The result—Criminal Law, Twelfth Edition, for the first time
was written with the active participation of a student who used it as a student, and
dealt with students’ problems understanding it, when he was a TA. This isn’t to say we
“dumbed down” and “spoon-fed” students. We just made a serious effort to write dif-
ficult matter in clear, straightforward prose.
What would I do without Doug and Steve? Doug takes me there and gets me here
and everywhere, day in and day out, days that now have stretched to 17 years. And
my old and dearest friend Steve, who from the days when he watched over our Irish
Wolfhounds in the 1970s, to now decades later when he keeps “Frankie” the Standard
Poodle, “Kitty” the OSH, me, and a lot more around here in order. And both Steve and
Doug do it all while putting up with what my beloved mentor at Cambridge, the late
Sir Geoffrey Elton, called my “mercurial temperament.” Only those who really know
me can understand how I can try the patience of Job! Friends and associates like these
have given Criminal Law, Twelfth Edition, whatever success it enjoys. As for its faults,
I own them all.
Joel Samaha
Minneapolis
Learning Objectives
1 To know the dual nature
of the social reality of U.S.
criminal law and understand
5 To define and understand
what behavior deserves
criminal punishment and to
how it reflects both our understand the social conse-
criminal law and punishment quences of the era of mass
imaginations. imprisonment.
2 To understand the differ-

ences between criminal
and noncriminal sanctions,
6 To know and understand
that the main theories of
criminal punishment center
and to know the purposes on either retribution or pre-
of each. vention and to appreciate
the large, complex body of
3 To understand the various
ways to classify crimes
and appreciate the legal and
empirical research support-
ing each.
social ramifications of these
labels. 7 To understand the text-
case method and how to
apply it to the study of crimi-
4 To identify, describe, and
understand the main
sources of criminal law.
nal law.
1 Criminal Law and
Punishment in U.S. Society
An Overview
Chapter Outline
CRIMINAL LAW IN U.S. SOCIETY CRIMINAL PUNISHMENT
The Core Felonies IN U.S. SOCIETY
“All the rest” of U.S. Criminal Law: The Era of Mass Imprisonment,
The “Police Power” 1970s–Present
History of the Police Power Defining “Criminal Punishment”
Police Power and Public Morals Theories of Criminal Punishment
CRIMES AND NONCRIMINAL Retribution
Prevention
LEGAL WRONGS
Deterrence
CLASSIFYING CRIMES Incapacitation
Rehabilitation
SOURCES OF CRIMINAL LAW
Empirical Evaluation of Criminal Law
State Criminal Codes
Theories
The Model Penal Code (MPC)
Municipal Ordinances THE TEXT-CASE METHOD
The U.S. Criminal Code The Parts of the Case Excerpts
Administrative Agency Crimes Briefing the Case Excerpts
Informal Discretionary Law Making Finding Cases
CRIMINAL LAW IN THE U.S.
FEDERAL SYSTEM
Did he “intend” to cause bodily harm?

A man knew he was HIV positive. Despite doctors’ instructions about safe sex and
the need to tell his partners before having sex with them, he had sex numerous
times with three different women without telling them. Most of the time, he used
no protection, but, on a few occasions, he withdrew before ejaculating. He gave
one of the women an anti-AIDS drug “to slow down the AIDS.” None of the women
contracted HIV.
LO1
“E very known organized society has, and probably must have, some system by
which it punishes those who violate its most important prohibitions” (Robinson
2008, 1). This book explores, and invites you to think critically about, the answers to the
two questions implied in Professor Robinson’s quote:
1. What behavior deserves criminal punishment?
2. What’s the appropriate punishment for criminal behavior?
4 CHAPTER 1 • CRIMINAL LAW AND PUNISHMENT IN U.S. SOCIETY
To introduce you to some possible answers, read the brief summaries presented from
real cases that we examine deeper in the remaining chapters. After you read each summary,
assign the case to one of the five following categories:
1. Crime
2. Noncriminal wrong (tort)
3. Regulation
4. License
5. Lawful
These categories move across a spectrum of interference with the liberty, privacy, and
property interests of individuals. These are precious rights in a free and democratic society.
But, so is our need to feel safe and secure, and the need to protect us from others (and
maybe even ourselves) who take or threaten to take them away from us. So, ask yourself,
“How much does the behavior in the story threaten your need to feel safe and secure?” And,
“Is it worth the loss your liberty, privacy, and property that all but option 5 will cost you?”
Don’t worry about whether you know enough about criminal law to decide which category
the story belongs in. In fact, try to ignore what you already know; just choose the category
you feel best fits the case:
1. Crime. If you put the case into this category, then grade it as very serious, serious,
or minor. The idea here is to stamp it with both the amount of disgrace (stigma) you
believe a convicted “criminal” should suffer and roughly the kind and amount of punish-
ment you believe the person deserves.
2. Noncriminal Wrong. This is a legal wrong that justifies suing someone and getting money,
usually for some personal injury. In other words, name a price that the wrongdoer has to
pay to another individual, but don’t stamp it “criminal” (Coffee 1992, 1876–77).
3. Regulation. Use government action—for example, a heavy cigarette tax to discourage
smoking—to discourage the behavior (Harcourt 2005, 11–12). In other words, make the
price high, but don’t stamp it with the stigma of “crime.”
4. License. Charge a price for it—for example, a driver’s license fee for the privilege to
drive—but don’t try to encourage or discourage it. Make the price affordable, and
attach no stigma to it.
5. Lawful. Let individual conscience and/or social disapproval condemn it, but create no
legal consequences. (You should also choose this option if you believe society should
encourage the behavior. A few students occasionally do.)
The Cases
Here are brief highlights from some of the cases you’ll encounter in the remaining
chapters.
1. A young man beat a stranger on the street with a baseball bat for “kicks.” The victim
died. (Commonwealth v. Golston 1977, “Atrocious Murder” in Chapter 9, p. 343)
2. A wife cheated on her husband for months. He begged his wife not to leave him. She
replied, “No, I’m going to court, and you’re going to have to give me all the furni-
ture. You’re going to have to get the hell out of here; you won’t have nothing.” Then,
pointing to her crotch, she added, “You’ll never touch this again, because I’ve got
something bigger and better for it.” Breaking into tears, he begged some more, “Why
don’t you try to save the marriage? I have nothing more to live for.” “Never,” she
replied. “I’m never coming back to you.” He “cracked,” ran into the next room, got a
CRIMINAL LAW IN U.S. SOCIETY 5
gun, and shot her to death. (Commonwealth v. Schnopps 1983, Chapter 9, “Voluntary
Manslaughter,” p. 360)
3. Two robbers met a drunk man in a bar, displaying a wad of money. When the man asked
them for a ride, they agreed, drove him out into the country, robbed him, forced him out
of the car without his glasses, and drove off. A college student, driving at a reasonable
speed, didn’t see the man standing in the middle of the road waving him down, couldn’t
stop, and struck and killed him. (People v. Kibbe 1974, Chapter 4, “Proximate Cause,” p. 147)
4. A police officer followed James Newman’s car and observed him making a left-hand
turn without signaling or stopping, running a red light, and driving down the middle
of a street, straddling the two traffic lanes. The officer activated his overhead lights
to initiate a traffic stop and, in response, Newman pulled into a parking lot. Dr. Joshua
Ramseyer, a certified neurologist and sleep medicine specialist, was prepared to tes-
tify that Newman was “sleep driving.” He emphasized that activities performed while
“sleep driving” are unconscious acts. He further noted that sleepwalking resulting in
“sleep driving,” while uncommon in the general population, is a well-established phe-
nomenon. (State v. Newman 2013, 302 P.3d 435, Chapter 3, p. 102)
5. A neighbor told an eight-year-old boy and his friend to come out from behind a building
and not to play there because it was dangerous. The boy answered belligerently, “In a
minute.” Losing patience, the neighbor said, “No, not in a minute; get out of there now!”
A few days later, he broke into her house, pulled a goldfish out of its bowl, chopped it
into little pieces with a steak knife, and smeared it all over the counter. Then he went
into the bathroom, plugged in a curling iron, and clamped it onto a towel. (State v. K.R.L.
1992, Chapter 6, “The Excuse of Age,” p. 224)
6. A young man lived in a ground-level apartment with a large window opening onto the
building parking lot. At eight o’clock one morning, he stood naked in front of the win-
dow eating his cereal in full view of those getting in and out of their cars. (State v.
Metzger 1982, Chapter 2, “Defining Vagueness,” p. 45)
7. A man knew he was HIV positive. Despite doctors’ instructions about safe sex and the
need to tell his partners before having sex with them, he had sex numerous times with
three different women without telling them. Most of the time, he used no protection,
but, on a few occasions, he withdrew before ejaculating. He gave one of the women an
anti-AIDS drug, “to slow down the AIDS.” None of the women contracted the HIV virus.
(State v. Stark 1992, Chapter 4, “MPC Mental Attitudes: Purpose,” p. 135)
8. A woman met a very drunk man in a bar. He got into her car, and she drove him to her
house. He asked her for a spoon, which she knew he wanted to use to take drugs. She
got it for him and waited in the living room while he went into the bathroom to “shoot
up.” He came back into the living room and collapsed; she went back to the bar. The
next morning she found him “purple, with flies flying around him.” Thinking he was
dead, she told her daughter to call the police and left for work. He was dead. (People v.
Oliver 1989, Chapter 3, “Omissions as Acts,” p. 116) ■
Criminal Law in U.S. Society

“Nothing is certain,” Ben Franklin said, “but death and taxes.” Had he lived during
our time, Franklin might have added a few other certainties—and almost assuredly
among them would have been the concept of “crime.” By this, I am not referring to the
rate of violence and unlawful deprivations of property or privacy in the United States,
which ebbs and flows from year to year and decade to decade, often coinciding with
dips in the economy or spikes in the number of young males in the general population.
Instead, it is the troubling phenomenon of continually adding new crimes or more
severe punishments to the penal code, criminalizing, recriminalizing, and overcrimi-

nalizing all forms of conduct, much of it innocuous, to the point of erasing the line
between tolerable and unacceptable behavior.
—Erik Luna (2004, 1)
social reality of U.S. Professor Luna is referring to the social reality of U.S. criminal law, namely that there are
criminal law the dual two criminal laws. This dual nature of criminal law is the organizing theme and organiza-
nature of U.S. criminal
tion of your book. There’s a small group of core offenses and a huge number of crimes we
law divided into two cat-
egories: a small number call “all the rest” (Professor Stuntz [2001] calls them “everything else” (512).)
of serious, core offenses Notice the number of arrests Table 1.1 keyed to the chapters in which they appear.
and a large number of Also, look at the revealing distribution of violent, property, and drug offense arrests
lesser crimes, or “every-
thing else”
depicted in Figure 1.1. They’re the latest numbers available when your book went to press.
Table 1.1 and Figure 1.1 tell you a lot about criminal law in U.S. society. They
criminal law imagina- reflect what we call the criminal law imagination in United States society. What do
tion the contributions of I mean by “criminal law imagination?” Conduct that reflects our “moral desires—
law, history, philosophy,
visions of a moral order, yearnings for the comportment of others and ourselves,” and
the social sciences, and
sometimes biology to which “we seek to impose . . . on the world” (Harcourt 2005, 10 emphasis added). (I
explain the moral desires borrowed and tailored the term sociological imagination coined by the American soci-
we wish to impose on the ologist C. Wright Mills in 1959 to describe the type of insight offered by the discipline
world of sociology, namely to explain the nature of sociology and its relevance in daily life.)
Table 1.1 Selected Crimes and Arrest Statistics, 2013

Selected Crimes Arrests
Murder and nonnegligent manslaughter (Chapters 3, 4, 7, 8, 9) 10,231
Arson (Chapter 11) 10,509
Rape (Chapter 10) 16,863
Sex offenses (except rape and prostitution; e.g., offenses against chastity/morals)
(Chapter 12) 57,925
Forgery and counterfeiting (Chapter 11) 60,969
Motor vehicle theft 64,566
Stolen property (buying, receiving, possessing) 92,691
Robbery (Chapter 11) 94,406
Weapons (illegal carrying, possessing, etc.) (Chapters 2, 3, 5, 6) 137,779
Fraud (Chapter 11) 143,528
Vandalism (Chapter 11) 201,168
Burglary (Chapter 11) 252,629
Liquor laws 354,872
Aggravated assault (attacks with intent to murder or inflict serious injury, usually with a
weapon) (Chapters 6, 8) 358,860
Drunkenness 443,527
Disorderly conduct (disturb public peace, scandalize community, shock public sense of
morality) (Chapter 12) 467,993
Driving under the influence (Chapters 2, 3) 1,166,824
Larceny-theft (Chapter 11) 1,231,580
Drug abuse violations (use, possess, sell, grow, manufacture, make narcotic drugs)
(Chapters 2, 3, 12) 1,501,043
All other arrests 6,009,807
Total Arrests (selected + all other arrests) 11,302,102
Source: FBI Uniform Crime Report 2013 (Sept.), Table 29.
Arrests 2013 ◂ Figure 1.1

480,360
Violent
1,559,284
Property
1,501,043
Drugs
Source: FBI Uniform Crime Report 2013 (Sept.), Table 29.
The Core Felonies LO1

The core offenses comprise the most serious crimes in two general categories:
•• Felonies against persons, which are murder, manslaughter, rape, kidnapping, and felonies against per-
robbery sons the core offenses
of murder, manslaughter,
•• Felonies against property, which include all forms of felony theft, robbery, arson, rape, kidnapping, and
and burglary (Chapter 11). robbery
You’ve almost certainly heard of these ancient crimes. These are the “Index” felonies against prop-
crimes that the FBI tracks in its annual Uniform Crime Reports (UCR). Most people erty the core offenses of
believe they’re morally wrong and that those who commit them deserve criminal pun- felonious theft, robbery,
arson, and burglary
ishment. You probably agree. Analyzing the elements of these crimes and their punish-
ment fill up most law school criminal law casebooks, law school criminal law courses,
criminal law scholarship—and the book you’re reading (Stuntz 2001, 512). All states
and the federal government have criminal codes that both define in detail the elements
the prosecution has to prove beyond a reasonable doubt to convict defendants, and
prescribe hard punishment (a year or more in prison) for committing them. (We get to hard punishment a sen-
the punishment later.) tence of a year or more
in prison
Notice several other points about the social reality of the handful of core felonies
in U.S. criminal law:
1. There are far fewer core offenses and far fewer people committing them (see Table
1.1 and Figure 1.1) than in the rest of the criminal law.
2. Core offenses are ancient.
3. Most have remained remarkably stable in definition. Their elements are pretty
much what they were when the judges created them and Blackstone (1769) wrote
about them. (But see sex offenses and domestic violence in Chapter 10.)
4. The short list of them has not grown much since Blackstone’s day either. (Motor
Vehicle Theft is the only core offense in the FBI Index that was not one of the
ancient felonies.)
The core offenses clearly fit within what Professor Bernard Harcourt (2005) calls
our “carceral imagination.” The word carceral refers to jail and prison. We call it the
punishment imagina- punishment imagination, crimes that fit within the criminal law imagination and that
tion crimes that fit within the law should punish by locking up people. Now, let’s turn to “all the rest” of the
the criminal law imagina-
tion and that the law
offenses that make up our criminal law.
should punish by locking
people up
LO1 “All the rest” of U.S. Criminal Law: The “Police Power”
Most “everything else” offenses derive from what’s known as the government’s police
police power all fed- power. Police power includes what you immediately imagined—uniformed police offi-
eral, state, and local cers enforcing the criminal law. However, it extends much further to encompass all
governments’ executive,
federal, state, and local governments’ executive, legislative, and judiciary’s acts to carry
legislative, and judiciary’s
power, including uni- out the “broad public policies regarding public safety, public economy, public property,
formed police officers, to public morals, and public health” (Novak 1996, 49). It also arguably comprises all of
carry out and enforce the the responsibilities of government listed in the Preamble to the U.S. Constitution:
criminal law
•• Form a more perfect union
•• Establish justice
•• Insure domestic tranquility
•• Provide for the common defense
•• Promote the general welfare
•• Secure the blessings of liberty to ourselves and our posterity
LO1 History of the Police Power

Sir William Blackstone (1769), in his Commentaries on the Laws of England (most
educated eighteenth-century Americans read it), claimed that the king, as the “father of
his people” (Blackstone, 169), held the police power. Under the head “public police and
economy,” here’s how Blackstone defined the police power:
By the public police . . . I mean the due regulation and domestic order of the king-
dom: whereby the individuals of the state like the members of a well-governed
family, are bound to conform their general behavior to the rules of propriety, good
neighborhood, and good manners: and to be decent, industrious in their respective
stations. (162)
During the spring of 1777, a few years after Blackstone’s Commentaries appeared
in print, the members of the Continental Congress (the body that coordinated the colo-
nial resistance against Great Britain) were gathering in Philadelphia. They realized their
cause was in grave danger. The war was going badly: New York had fallen to the British
army. The Hessians and British Redcoats were about to cut off New England. And, the
British army was planning to crush the rebellion utterly by taking Philadelphia.
The Revolutionary War generation fought for liberty. However, after the war, they
quickly came to fear that their revolution had “unleashed widespread licentiousness,
vice, and crime.” They reacted to this fear in two ways. On the positive side, they called
on private citizens to “invest liberty in virtue.” Voluntary organizations “spread the
gospel of Christian goodness and good citizenship.” Second, they set aside their liberal
ideas—individual autonomy, consent, and law—and
called on local and state governments to limit or deny liberty to those individuals who
appeared to endanger public peace. Legislatures, judges, and other officials responding
by exercising the state’s police power to detain, prosecute, and punish wrongdoers.
(Kann 2008, 74; emphasis added)
In short, people fought and died to be free from King George III and his detested
exercise of police power during the American Revolution, only to replace it with their
own officials’ exercise of the same police power. Historian William Novak (1996) has
convincingly documented a “powerful government tradition devoted in theory and
practice to the vision of a well-regulated society” in the century after the Revolution.
He has also established that criminal law was a “key technology in morals and cultural
policing” to maintain that regulation (150).
Police Power and Public Morals LO1

“No subject can more closely affect the interest of man considered as an individual, or
in a more common and enlarged view, as a member of society, than those laws he may
be subject to, and none more certainly than those that concern his liberty and life.” So
wrote Jacob Wheeler (1854, 1) in 1854, in the Preface to his history of criminal cases in
the Courts of Justice of New York City. Wheeler took a decidedly sociological approach
in the cases he collected. He promised his readers that he would focus on the “thousands
and tens of thousands of complicated and important relations that grow out of property,
liberty, and life” (6). Here’s how he tied these social relations to morals crimes:
Man is not only a social, but a reasonable being, not only rational, but moral, and,
therefore, accountable. It is in this state we find him, and it is in this state that he is
subject to those regulations mankind has adopted for their government, and that we
shall attempt to deal with in the work before us.
It is here where those salutary principles of criminal law operate with effect,
admonishing, restraining, and punishing the foolish, the rash, and the wicked: bind-
ing the parts of society together in one bond of equal justice. (Wheeler 1854, 6; also
quoted in Novak 1996, 150)
With this background, I believe you’ve got a good idea of how broad and deep our
criminal law imagination is. Broad and deep as it is, our criminal law has its limits, as
you learn in:
1. Chapter 2, the constitutional limits imposed by the protections of free speech, the
right to possess and use guns; and due process rights to life, liberty, and property
2. Chapter 3, the principle of criminal liability voluntary act requirement
3. Chapter 4, the criminal intent requirement
4. Chapter 5, the justification defenses, such as self-defense and defense home
5. Chapter 6, the excuse defenses, such as insanity and age
6. Chapter 7, the limits imposed on criminal liability for others’ behavior (accom-
plice) and relationships (vicarious liability)
7. Chapter 8, limits on uncompleted crimes—attempt, solicitation, and conspiracy
8. Chapters 10–12, limits imposed by definitions of crimes against persons, property,
and public order and morals
9. Chapter 13, the limits to crimes of international and domestic terrorism, and to
immigration crimes
I hope these—and all the other chapters—will help you to understand the criminal
law and the social reality of the U.S. criminal law imagination. But, I hope our journey
through the criminal law will encourage you also to adopt Criminal Law’s critical
approach. If you do, you can formulate your own criminal law imagination, namely
how broad and deep it should be, as well as what it is.
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"That speech is impromptu, I presume," she said addressing the boy. "I would
like you to repeat the one you gave us last week."
So, Dick, nothing loath, came out again, and this time acquitted himself with
honor.
Miss Wheeler was on her way home when she heard her name called, and
presently, Richard overtook her.
"Didn't you like my piece?" asked looking shyly in her face.
"No, I don't think I did."
"Then I never shall speak another without showing it to you."
"Thank you for the promise, Richard, I am entirely satisfied now."
CHAPTER IV.
DICK IN TROUBLE.
MANY of the children in Annesley were in the habit of going to school barefoot
through the warm weather. Dick had often urged his mother to let him go
without shoes. This she had decidedly refused.
The second week in September was extremely warm. One day Richard was
going home from school with a companion, when the boy said:
"I wouldn't wear shoes this hot day, for any thing, it's so much cooler without
them."
"I'd like to try it," answered Dick.
"Why don't you, then?"

"Perhaps I shall this afternoon."
He intended at the time to make one more plea with his mother; but when the
hour came she was busy with household duties; and there was a grave
expression on her face which did not look very hopeful. He went out the back
door to be by himself.
"I have a good mind to try it," he began. "Mother hasn't said any thing about it
this great while, so I shouldn't be disobeying. I'll hide my shoes here and put
them on before she knows it."
"If you are not disobeying, why do you hide them?" asked conscience.
Dick knew he was doing wrong; and he did not deceive himself by any more
arguing. "Mother don't know how hot my feet are with shoes and stockings,"
he said to himself, "or she wouldn't make me wear them."
After he had gone, the door bell rang; and Mrs. Stuart answered it. It was a
beggar who wanted food and old clothes. When she had supplied his wants to
the best of her ability, she saw him take something from beneath the front
steps, and hide it under his coat.
"Mother! mother!" cried little Lyman, rushing into the house. "Man has got
Dick's shoes."
"Are you sure Dick did not wear shoes to school?"
"I saw him take 'em off under the steps."
Oh, Dick! Could you have seen your mother's face then, not angry; but, so
sad, so grieved that you had disobeyed her, you would have been sorry I am
sure!
Mrs. Stuart sat down with a sigh to a basket full of mending. She was not fond
of mending, and now the holes to be patched were many and large. She felt
discouraged but not at the work. She did not even think of that. She was
grieving for her boy, who had disobeyed her and displeased his heavenly
Father.
"I did hope he was a Christian child," she said half aloud. "I thought he had
begun to remember that he was not his own—that he was bought with a price,
—that he had pledged himself to obey Christ's commands. What if he had
deceived himself?"
Tears rolled down her cheeks and fell on her work. At last she reflected that he
was only a child, liable to fall into temptation. "I will wait and see whether he
confesses," she said. "If he does, I will freely forgive him, and I will pray God
to forgive him."
Her husband looked into the room and was surprised to see instead of her
usual bright smile, a clouded face.
"What is it?" he asked.
She told him What had occurred and her own fears about her boy.
"Dick is trying to be like his Master," was his encouraging reply. "I am sure of
that; but like all the rest of us, he sometimes yields to the temptations of the
arch deceiver. I feel sure his conscience will not let him rest till he has
confessed, both to God and to his mother."
"I hope not, husband."
In a few minutes a wagon drove up to the door, and one of their neighbors, a
young farmer, sprang to the ground.
"Why there's Dick!" exclaimed Mrs. Stuart growing very pale. "I hope nothing
has happened."
Mr. Pond took the boy in his arms and brought him into the kitchen.
"I was going by the school house," he explained, "while the children were out
at recess. There was a scream and presently the teacher found that Dick had
stepped with his bare feet on some glass. She tried to stop the bleeding and
then asked me to bring him home.
"You'd better let me carry him up stairs. He's a pretty good armful."
All this time Dick had avoided his mother's eye; and did not speak a word.
Only when his father took off the handkerchief bound around his foot, and
pressed the place with his finger the tears ran down his pale cheeks.
"Does it hurt you, dear?" asked his mother.
He bowed his head.
"Was it a large piece of glass, Dick?"

"No, sir, it was window glass. We were playing catch and I stepped on it."
Dick sobbed so much his father could scarcely understand.
"I'm afraid there is glass in his foot now," urged the gentleman. "If so we must
have the doctor here, with his forceps."
Dick gasped. "I don't think there's any in it," he sobbed.
"I'll do it up," said Mrs. Stuart. "If he is no better in the morning, we will have
the Doctor examine it."
CHAPTER V.
DICK'S PUNISHMENT.
ALL this time not a word had been said about his disobedience. When he
cried, his mother stooped over the bed and kissed him. Presently she left the
room to get some bandages, and as soon as he was alone his tears burst
forth afresh.
"Oh how sorry I am I was so naughty!" he said to himself. "How good mother
is. I do love her dearly. I'm glad I meant to tell her before I got hurt."
"Will you please shut the door, mother," he said still sobbing. "I want to tell you
something."
She came and stood by his side, putting her hand on his damp forehead.
"I disobeyed you, mother," he began. "I went without my shoes. I didn't feel
happy because I knew how wicked it was to do it when you'd forbidden me.
Will you forgive me, mother?"
"Yes, my dear; with all my heart. But you know there is another whom you
have offended; One whose commands you have promised to obey."
"I know it, mother. I thought of it in school; and I couldn't study, so I lost my
place in my class. I thought of it, and prayed in my seat that God would forgive
me, and help me to be good. It was then, before I was hurt, that I resolved to
tell you. I hid my shoes under the front steps, and I meant to put them on
again before you saw me, my stockings are in my pocket."
"I knew it all before you came home, my dear. A beggar came here and when
he went away he carried off your new shoes; but I scarcely thought of that; so
pained was I that my son should disobey me and displease Cod."
"Oh mother! Mother! I never will do so again. I mean I'll try not to. You knew
best when you said it was dangerous to go barefoot. My foot does ache,
mother. Do you think it will have to be cut?"
"I hope not."
The night following, neither Dick nor his mother slept one moment. As soon as
it was light Mr. Stuart started off on horseback for the Doctor, who lived a mile
away.
When the physician came, he loosened the bandage, and found the whole
ball of the foot inflamed. He said there were small pieces of glass in it, and
that getting them out would be a bad business.
"Dick is a brave boy," said his mother. "I'm sure he'll try to be quiet."
"If you will hold my hand, mother, I'll try not to move."
"You may scream as loud as you please," said the Doctor laughing, "if you'll
keep your foot still."
But Dick did not even groan. He shut his teeth firmly together growing paler
and paler every minute, until with a gasp, he lost his consciousness.
Mrs. Stuart felt his hand loosen its grasp on hers; and motioned her husband
to run for the camphor bottle.
"Never mind," said the Doctor, "I've almost done. Let him be a minute. These
little pieces must be got out or they'll make mischief."
Richard looked so much like death, that his mother could not let him be. She
chafed his hands, and kissed his pale cheeks, murmuring words of love; while
the faithful physician probed and pressed about the wound until he was quite
sure he had removed all the glass.
Then he laid a towel under the foot to catch the blood when it began to flow,
and threw a handful of water in the face of the fainting boy, which soon
brought back the color to his cheeks.
"All right now, my brave fellow;" he said. "The glass is all out. Now, Mrs.
Stuart, if you will give me four spoonsful of real cream, I'll make an ointment."
He poured some liquid from a bottle and gave the mixture a good stir, making
a thick, nice salve. This he spread over the soft linen the mother had provided,
and bound around the foot.
"You will have to give up farming for a week or two," said the Doctor laughing.
"Perfect rest and daily applications of the ointment are all that will be
necessary. Next time, Dick, I advise you to wear shoes."
It was a weary time for the poor fellow on many accounts. He worried secretly
about the work and about his lessons. He sent to school every day by Eddy to
find out who was at the head of the spelling and grammar classes; but he
confessed to himself that his punishment was a just one.
After a long conversation with his mother on the subject, he covered his thee
and thanked his kind Father in heaven for the chastisement which he could
now see was sent in love to remind him of the truth of the words, "The way of
transgressors is hard."
"You did just so, mother, when baby kept running to the stove, and you were
afraid he would be burned up if he did not learn; so you let him burn his
fingers a little mite. Oh, how he cried, and hid his face in your neck! But he
knew he mustn't touch the stove again. Don't you remember how he would go
toward it and then look at you and say so cunning, 'No! No! Berty burn!' And
then he'd blow as you did on his poor fingers."
"Perhaps, mamma, God knew that if I went to school barefoot and came back
without hurting me I should go on growing more and more disobedient, and so
he let me hurt myself to save me a worse hurt as you did Berty."
"Yes, Dick, that is the right view to take of it. That is what St. Paul meant when
he said: 'Now no chastening is for the present joyous, but grievous;
nevertheless afterward it yieldeth the peaceable fruits of righteousness to
them that are exercised thereby.'"
CHAPTER VI.
DICK'S ADVENTURE.
THANKSGIVING week and thanksgiving vacation came at last, but to the

great disappointment of Richard, the ground was covered with snow. It was
fortunate that he had already gathered one wagon load of evergreen at the
time he learned to wind the wreaths at Mr. McIntosh's. This would give him
employment for the vacation; and perhaps the snow would melt away before
Christmas.
It was more of a job than he had imagined to wind the evergreen into wreaths.
Though he worked with all his might, he only finished three the first evening.
Mrs. Stuart's mending prevented her helping him at this time; but she sat near
and watched his progress. After he had retired, she took the basket of
selected pieces, and finished the handsomest one yet made, in fifteen
minutes.
"Let me help you plan your work," she said the next morning, after her wreath
had been greatly admired.
"Eddy and perhaps Lyman, too, can help you pick over your evergreen during
the day. Put the pieces ready to wind in a pile by themselves. This evening we
will have a bee, and make up as many wreaths as we can."
"I shall only make a hundred in all, mother," exclaimed the boy clapping his
hands with delight. "Mr. McIntosh has a hundred and fifty for his large church;
and Mr. Jones told me they couldn't afford to decorate a great deal. About
forty dollars, he said they would pay. Do you think I have enough to make a
hundred, mother?"
"We can tell better to-night, my dear."
"It wont be so much work to wind the other for looping up, mother. It doesn't
have to be done thick like the wreaths. Mr. Jones said I might bring what I
could afford for forty dollars."
"So he thought you would forget the decorations before November, did he?"
"Yes, mother, and he shook hands with me as though he had always known
me. I thanked him ever so much for his kindness."
Christmas came this year on Thursday. On the Monday previous Dick plead
for leave to take his wreaths to the city, and engage the amount he wished to
buy. The snow had lain on the ground nearly a month, and there had been no
opportunity to gather more evergreen. A cold sleet had been driving against
the windows all the morning and his parents could not consent to his riding so
far in an open sleigh.
Poor Dick could think and talk of nothing but his decorations. He had obtained
permission of Miss Wheeler to be absent from school on necessary business,
on condition that he made up his lessons. This he had done for Monday; and
it was a terrible disappointment not to be able to go. The morning was half
past before he recollected that he might go to school to day and in the
evening learn the lessons his class would recite on Tuesday.
The next morning was clear but very cold.
"I hate to have the child out all day in such weather," remarked Mrs. Stuart to
her husband.
"He wont mind it, his blood runs briskly," answered his father with a smile.
So Dick started off, his hands and ears well protected, after receiving many
cautions to be careful of his driving in the city, and to put the horse under
cover as soon as possible.
Old Charley having eaten an extra feed of oats, felt pretty lively. He knew as
well as any body that something unusual had taken him out of his warm
stable, and turned to watch the last arrangements of his young master with a
satisfied neigh.
"Good bye! Good bye! I hope you'll have great success," cried one and
another shouting after him, as with a merry laugh Dick drove out of the yard.
"I don't think he'll make any thing by his speculation," remarked his father. "But
it will be a good lesson for him."
About four o'clock Eddy and Lyman stationed themselves by the front window
to watch for their brother's return. Early in the afternoon, the weather had
grown cloudy again, and now the fine sleet had begun to fall.
"Bring Dick's Sunday jacket and shoes, and put them near the fire," said his
mother. "He will be wet through."
After waiting supper an hour beyond the usual time they reluctantly took their
seats at the table, wondering every moment why he did not come.
In the centre of the table there was a great dish of hasty pudding of which the
absent boy was particularly fond. Mrs. Stuart took out a portion into a bowl,
and set it into the top of the teakettle. By the time the dishes were cleared
away, she had become really anxious.
It was now seven, a cold disagreeable night, where could the child be? Two or
three times the mother went to the door, thinking she heard a cry of distress.
"We had better have prayers," urged Mr. Stuart. "Baby's eyes are growing
very heavy."
Eddy brought the Bible and singing books; but the reading had not
commenced when the sound of some one pushing open the barn door startled
them.
"There's Dick?" cried Eddy.
"No, dear! We should have heard the bells."
Mr. Stuart, however, took the lantern down from its appropriate shelf, lighted it
and prepared to assist his son.
"I've got home, father," called out Richard in a cheerful voice.
"Are you very wet? We have been quite anxious about you. How? Why?
Where did you borrow this buffalo robe?"
Dick laughed merrily. "I'll tell you all about it, sir, when we go into the house."
"You'd better go in alone. I'll unharness, and put the horse up. The feed is all
ready in his crib."
"Old Charley has done splendidly. He's been well fed too. I saw to it myself,
and stood by till he had eaten his oats clean. Mr. Pond told me the tricks of the
stable men. Now I'll run in with some of my bundles."
Once, twice, he ran with a load to the back kitchen seeing no one. Then
perceiving that his father was ready, he said:
"Will you please carry the buffalo in? I must give it to the owner all safe." Then
he took the last bundle from the sleigh, and followed his father to the sitting-
room.
"'Tis Dick, mother! I hear his voice;" and out rushed the whole group to meet
and welcome him.
Dick walked in, his head erect, his eyes twinkling with fun, while about his
mouth was a peculiarly mysterious smile which his mother understood very
well.
He presented rather a strange appearance. On his head was a cap of fur with
ear pieces fastened under the chin. Over this his common cap was tied with a
scarf. His hands were protected by a pair of fur gloves with deep gauntlets.
He took these last off, and tossed them upon the table with an air of
unconcern; then untied his scarf, and did the same with his cap.
"You must have come into a fortune somehow," said his father smiling. "I was
never the owner of a pair of gloves like these. Are they yours, Dick?"
CHAPTER VII.
DICK'S STORY.
RICHARD drew a chair up to the fire and sat down.
"I'll tell you all about it," he began.
"Not till you've had some supper," urged Mrs. Stuart.

"I'm not a bit hungry. Old Charley trotted off well, I tell you. Just as I was going
over the car bridge, three miles this side of the city, a gentleman hailed me."
"Can you give me a ride, my boy?" he asked.
"I looked at him sharp for a minute, and when I saw that he was a true
gentleman, I said—
"'Yes sir, I'm pretty full; but if you wont mind your feet being crowded, I can
take you as well as not.'"
"He told me he had been waiting for an omnibus; and he wanted very much to
catch the train from the city to Providence."
"He asked me my name and a great many questions; and I liked him so well I
told him all about the chance I'd got to decorate St. Stevens' church."
"By and by he took out his pocketbook full of bills and currency, and offered
me fifty cents."
"'Thank you, sir. I don't want any pay. I can take you to the depot if you'll show
me the way.'"
ANYBODY WILL TELL YOU WHERE GOV. BLAKE LIVES.
"He urged me a good deal and tried to press the money into my hand, but I
kept saying:"
"'No, sir, I thank you just the same; I'd rather not take it.'"
"After this he seemed pleasanter than before. He told me he lived in

Providence; and then I said, 'My mother has a cousin there. He is Professor in
the college; and I hear that he is very rich. His name is Mr. Grath.'"
"'Ah! Is he your cousin? I know him very well. I was at a dinner party at his
house last week. Perhaps you'll go to Providence some time. If you do, you
must call on me; my name is Blake. Any body will tell you where Governor
Blake lives.'"
"That is really an adventure, Dick," said his mother.
"Yes, and I mean to call. He reminded me of it again, when he got out; and he
shook hands as hearty as could be, and wished me great success."
"When I went to the place where Mr. Jones told me to carry the evergreen,—
the vestry back of the church, I found ever so many people there, ladies and
boys. As soon as they saw me with some wreaths on my neck and on my
arms, they cried out:"
"'Oh! here is our young hero We are all ready for you. You're just in time.'"
"The boys helped me bring the wreaths from the sleigh. They said they were
beautiful,—the handsomest they'd ever had.
"'I have only ten yards of wound evergreen here.' I said. 'I want to know how
much you need; and I'll have it here in a few minutes.'"
"I saw some on my way, and found how much I could buy it for. So when they
told me, I drove Charley right back, and bought it with the money father lent
me. Just as I was going in, I heard one lady say:"
"'I knew he'd be sure to bring it in season. Father told me about his coming to
the store one of the hottest days in August.'"
"I carried in all they wanted; and they thanked me over and over for being in
season. If I'd gone yesterday, mother, the vestry would have been locked up."
"I put up Charley then, and gave the man his blanket to cover him; and I didn't
leave till I'd seen his rack full of hay."
"I staid in the stable-office a little while to warm myself; and I wanted to count
how much I had made. It was twenty dollars, besides twenty which I gave for
the evergreen I bought. There's your money, father, all in new bills; and here's
a buffalo robe for your Christmas present."
"Will you please come to the kitchen, mother, for yours."
"I heard you say you wanted a new hod, and so I bought you one, and some
knives for the table. There's half a dozen, good steel too."
"My dear boy," said his mother. "I didn't expect any thing. You should have
bought for yourself."
Dick undid a bundle and distributed a tooth-brush to each member of the

family, except baby. For him he had a sugar horse.
"I bought the cap and gloves for myself," Dick went on, "and those fowls are
for all of us."
He pointed to the table where lay two turkeys weighing nine pounds each, and
a pair of chickens.
"Wonders will never cease," said his mother, laughing heartily. "You don't
mean that you bought all these things for twenty dollars."
"Please come in where it's warm; and I'll tell you all about it."
"I meant all the time to buy a turkey for Christmas dinner, and I went to the
market to see how much it would cost. There were crowds and crowds of
them; but they were very high. As I came out I saw a man getting into a pung.
He was grumbling awfully. I went up to him and found he'd got turkeys and
chickens; but they were not very fat and he couldn't sell them.
"'How much do you ask?' I said."
"'Just what I can get,' he answered real cross. 'I'm twenty miles from home
and the rain is coming on heavy.'"
"I picked out the best two turkeys and two chickens which I could find; and I
said—"
"'I'll give you a dollar and a half for those.'"
"'Clear out!'" he screamed. "'I'll carry 'em home first.'"
"So I cleared out and went to the other end of the market. In half an hour I
came back. 'Haven't you gone yet?' I asked laughing."
"'Come,' says he, 'I can't wait here. I'll sell dirt cheap.'"
"So I said again, 'I'll give you a dollar and a half for those I've picked out.'"
"'I aren't quite a fool yet,' he answered growling. 'I 'spose you think I haven't
cut my eye teeth.'"
"I went back into the market out of the rain; but I didn't look for a turkey. I knew
the man would let me have 'em if I waited long enough. When I went back
again I saw him standing in his pung waiting for me.
"'Boy! boy!' he shouted, 'Here! This way a minute.'"
"I didn't hurry much."
"'I shall freeze and so will my horse,' he said growling again."
"'You may have the lot for a dollar and a half.'"
"'I've concluded not to give so much now,' I told him. 'I'll pay you a dollar for
'em.'"
He waited a minute. It was growing real dark and then he snatched 'em out of
the pung.
"'There take 'em,' says he. 'It's just giving 'em away.'"
"I took out the dollar and gave it to him and thanked him, and took the blanket
off his horse, and tucked it round his knees so that he might be warm.
"'Which way are you going, youngster?' he asked."
"'I'm going twelve miles to Annesley. I've got a horse in the stable on Blossom
street.'"
"'Jump in, then,' says he; 'and I'll carry the stuff there. I go right past the
stable.'"
"We only rode a little way; but I got him to laughing, and he said he wished I'd
ride all the way home with him. He added 'if you are only twelve, you've got
your eye teeth cut, no mistake; I've allus heard that ministers had smart
chaps.' He shook hands real hearty when I left him.'"
Mr. Stuart threw back his head and laughed heartily.
"I forgot to tell you," said Dick, "that when I carried my bill to Mr. Jones, he
was just going to dinner, and he made me go with him. He lives a little way
from the State House and his parlors were fixed up big. Now I'll eat some
hasty pudding and go to bed."
CHAPTER VIII.
DICK TAMING THE HORSE.
"I AM disappointed," said Mr. Stuart coming into the house one warm day the
following spring. "Mr. Fuller has sold his oxen, and can't plough my land this
year."
"Let me plough the garden, father," exclaimed Dick. "I'm sure old Charley and
I can do it."
"You," repeated the minister smiling. "I think that would be an odd sight."
"May I try, father? It wont do any hurt for me to try."
A few days later Mr. Stuart was returning from a call on a sick parishioner,
when he saw a number of men standing near the wall which separated his
garden from the main road. Wondering what had called the people together,
he hurried toward them.
Standing in the midst of the ploughed ground was Dick talking to old Charley,
who it seemed had been inclined to be refractory, and who had been dealt
with after the Rarey fashion.
This method of taming refractory horses was much talked of at the time, and
though Dick had never seen it actually put in force, he had seen and studied
the illustrations in a popular pictorial.
Accordingly when Charley was fastened to the plough; and when after being
politely requested to move along, he did not budge an inch, but only looked
around at his young master with disdain, Richard thought it a good opportunity
to show him that he must submit.
When Mr. Stuart came in sight, he had been thrown to his knees twice by the
wonder working strap, and now seemed quite subdued.
After patting his head and speaking a few encouraging words, Dick once more
fastened the chains to his harness, and the old fellow walked off as steadily as
one could desire; the spectators meanwhile shouting and clapping their
hands.
"A smart chap, your son is, Parson," remarked one stout farmer laughing.
"'Twas as good as a show to see him manage the dumb creature."
"I'm afraid Dick will get hurt some of these days," said his father, "he is so
fearless."
Having proved conclusively that he could plough the garden, Dick plead with
his father to allow him to hire another horse and plough the field for corn and
potatoes.
"The very idea is absurd, Richard, very few men can drive a pair of horses,
and plough at the same time."
"You thought I couldn't plough with one horse," urged the boy glancing archly
in his father's face. "I wish you'd let me try. I saw how Mr. Kingsbury managed.
He put the reins round his neck. Charley goes as steady as an old sheep; and
if I can hire Mr. Fuller's one day I aren't afraid to try."
"Well," was the reluctant reply.
"I wish father'd sell Old Charley and get a better horse," Dick went on, when
the gentleman had left the room. "He's such an awkward looking creature. He
never goes out of the gate head first unless he goes backward."
"That is because he likes to see what is going on behind him," suggested his
mother laughing.
"Charley is a good creature," added Mr. Stuart returning. "He has served well
in his day and generation. I couldn't get another that would stand as he does.
Why he'd stand at the gate of one of my parishioners all day if I wished it."
"But we want a horse to go, father, and not to stand. Charley stops short when
we come to a hill. I'm curing him of it, though."
Dick went the same evening to engage Mr. Fuller's horse, and the next
morning his mother heard him going softly down the stairs a few minutes after
four.
At half past five a gentleman, just arrived from New York by the express train,
was hurrying to his home a short distance beyond the minister's house, when
he saw a novel sight.
He waited until the horses had reached the wall close to the road, watching
with a pleased curiosity the ingenuity of the child who was working them.
"How do you do, Richard?" he asked. "It seems to me you have a new method
of ploughing. You do not work on the ten hour system, I see."
Dick tossed back his curls. He wanted to wipe the perspiration from his face,
but his hands were too dirty. "I like farming," he said with a merry laugh; "but I
never knew before why farmers wiped their faces on their shirt sleeves,"
suiting the action to the words. "Father thought it was absurd for me to try," he
went on; "I want to show him I can plough with a span and without a driver
too."
Richard pulled the rein as it hung about his neck and the horses started on the
next furrow. Though he had no idea at the time that the gentleman watching
him had any thing more than mere curiosity, yet subsequent events proved
that this morning's work had a great effect on his future life.
CHAPTER IX.
DICK AND THE DEACON.
THE next winter the teacher of the advanced school did not prove satisfactory.
Mrs. Stuart urged that Dick ought to be sent to an Academy, where he could
attend to the higher branches. Her husband agreed with her; but where was
the money to come from to pay his expenses?
"It does seem best," the minister said one evening when they had together
asked God to lead them in the path of duty; "and if it is best the means will be
provided."
"I can wear my cloak another winter," said the mother, cheerfully. "That will
save ten dollars towards it."
Mr. Stuart rose and walked the room, his hands joined behind him as was his
habit when meditating. At last he said:
"By a little extra effort, I can finish a series of articles for our religious paper.
One of the Editors pressed me for them when I was in the city."
"Dick is such a good boy and has done so much for us I want to give him an
education. That is all I expect to give my children."
In consequence of these plans, Richard was sent to an Academy in a

neighboring state where he remained a year. He boarded in the family of a
deacon, who had a large farm, but whose health did not permit him to work
upon it. He was often in the habit of hiring the young men connected with the
Academy to pick apples; husk corn, or do other chores not interfering with
their lessons.
The Deacon was very strict in his religious opinions. At home Richard had
always been in the habit of joining with the family in singing a hymn at
morning and evening devotions, and on Sabbath evening each one selected
his or her favorite hymn and tune, which were sung in turn. Richard had a very
fine treble voice, which had been carefully trained. He greatly missed the
singing at prayers, and suggested to his roommate that they should sing on
Sunday night in their chamber.
They commenced with the hymn:

"Jesus lover of my soul."
And then proceeded to another:
"Salvation, oh the joyful sound."
When they were interrupted by a loud voice at the foot of the stairs.
"Boys, boys! What are you doing up there?"
"We're singing the praises of God," answered Richard opening the door.
"Well, you must stop. I can't have any such noise in my house. It's Sunday;
and I'm not used to it."
After this unusual strictness, Richard looked of course for a corresponding

uprightness of character. Brought up as he had been, and with his eyes wide
open to what passed around him he noticed some traits which in his opinion
were not exactly consistent. For instance, in the fall when the immense
orchard was stripped of its apples, the boy observed that there was one
basket kept for measuring those to sell and another to send to the store when
there was any thing to be bought.
Soon alter the corn was gathered into immense heaps and carried into the
barn floor.
"Would you like the job of husking, Richard?" the deacon asked.
"Yes, sir. How much will you give a bushel?"
"The usual price is three cents."
"I'll do it, sir. I'll begin now. I have ten minutes before school."
"Score the number of bushels on the barn door," added the deacon.
Catching up the small basket, Dick ran to the barn, and filled it half full of ears.
When he came home he went to finish the bushel before dinner. It was only by
improving his odd minutes that he could do the work without neglecting his
lessons. He smiled when he saw that the small basket had been taken away
and a large one substituted.
He filled it and said nothing. Then he went on husking as fast as he could,

waiting for the dinner bell, throwing the ears into a pile. He did the same after
school at night,—until he had accumulated a good many bushels. Then with, a
curious smile, which his mother would have well understood, he walked into
the kitchen where the Deacon sat tipped back in his chair, talking with a
neighbor, and asked:
"Have you done with that bushel basket, sir? I want it to carry away my corn."
"Why don't you use the one I put there?" inquired the Deacon, his face
growing red. "It's exactly the size of the other."
"Yes, sir, but 'tisn't half so handy to carry; besides it doesn't fill up near so
quick. You say, sir, they're exactly alike in measure; so I suppose you'd just as
lief I'd use one as the other."
Richard looked straight into the Deacon's eye; but there was a comical smile
playing around his mouth which told the other that his trick had been
discovered. He hemmed a little, before he answered:
"Certainly! certainly!" and then turned the subject at once. So Richard husked
two hundred bushels: of corn, and made, as nearly as he could calculate,
about two dollars by a change of baskets.
While in New Hampshire Dick sung regularly with the choir, as he had done at
home. He also took a class in Sunday school, though he would have preferred
being a pupil. But as there was a want of competent teachers he reluctantly
consented, if his mates would join him to act as teacher, though it soon
became by his management a class for mutual instruction. The preparation for
this exercise, aided as it was by books from the Pastor's library, freely offered
for the benefit of the young men, was perhaps his favorite employment of the
week. First he read the passage with some commentary; then he looked out in
the Bible atlas, any place mentioned and found whatever he could in relation
to it; and last of all, he examined Robinson's researches in the holy land in
search of any thing in connection with the subject.
From the very first evening of his arrival, he had maintained the habit of secret
devotion in his room; a habit which his chum though not a professor of religion
always respected. Soon after his connection with the school, he invited the
boys to form a meeting for social worship.

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Chapter 2 Constitutional Limits on Criminal Law 38

Chapter 3 The Criminal Act: The First Principle of Criminal Liability 94

Chapter 4 The General Principles of Criminal Liability: Mens Rea,

Chapter 5 Defenses to Criminal Liability I: Justifications 162

Chapter 6 Defenses to Criminal Liability II: Excuses 204

Chapter 7 Parties to Crime and Vicarious Liability 242

Chapter 8 Inchoate Crimes 270

Chapter 9 Crimes Against Persons I: Murder and Manslaughter 320

Chapter 10 Crimes Against Persons II: Sex Offenses, Bodily Injury,

Chapter 11 Crimes Against Property 430

Chapter 12 Crimes Against Public Order and Morals 484

Chapter 13 Crimes Against the State 518

About the Author iii chapter 2

The “Voluntary” Act Requirement 99 Proving Defenses 164

Case: State v. Fleck (2012) 131 “Choice of Evils” 192

Subjective Entrapment Test 230 Voluntary Abandonment 294

Case: People v. O’Neil (1990) 350 Rape Mens Rea 403

Criminal Mischief Mens Rea 458 History of Victimless Crimes 503

ELEMENTS OF MATERIAL SUPPORT TO TERRORISTS

Actus Reus Mens Rea Circumstance Criminal Conduct

Changes to the Twelfth Edition

Chapter 1, Criminal Law and Punishment in U.S. Society: An Overview

Chapter 2, Constitutional Limits on Criminal Law

Chapter 3, The Criminal Act: The First Principle of Criminal Liability

Chapter 4, The General Principles of Criminal Liability: Mens Rea,

■■ “General and Specific Intent”

Chapter 5, Defenses to Criminal Liability I: Justifications

• Criminal Law in Focus

Chapter 6, Defenses to Criminal Liability II: Excuses

Chapter 7, Parties to Crime and Vicarious Liability

Chapter 8, Inchoate Crimes

Chapter 9, Crimes Against Persons I: Murder and Manslaughter

Chapter 11, Crimes Against Property

Chapter 12, Crimes Against Public Order and Morals

Chapter 13, Crimes Against the State

Resources for Students

provides interoperability with major Learning Management Systems (LMS) via

2 To understand the differ-

Did he “intend” to cause bodily harm?

Criminal Law in U.S. Society

severe punishments to the penal code, criminalizing, recriminalizing, and overcrimi-

Table 1.1 Selected Crimes and Arrest Statistics, 2013

Source: FBI Uniform Crime Report 2013 (Sept.), Table 29.

Arrests 2013 ◂ Figure 1.1

Source: FBI Uniform Crime Report 2013 (Sept.), Table 29.

The Core Felonies LO1

Chapter 4 The General Principles of Criminal Liability: Mens Rea,

Chapter 10 Crimes Against Persons II: Sex Offenses, Bodily Injury,