Abstract

http://ssrn.com/abstract=1735436
 


 



[A Brief Comparative Summary of the Criminal Law of The] United States


Paul H. Robinson


University of Pennsylvania Law School

January 5, 2011

THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Jon Heller & Markus D. Dubber, eds., Stanford University Press, 2011
U of Penn Law School, Public Law Research Paper No. 11-02

Abstract:     
This chapter provides a very brief summary of the central features of American criminal law. Section II describes its source and current form, which is almost exclusively statutory, embodied in the criminal codes of each of the fifty American states and (to a lesser extent) the federal criminal code. Section III sketches the typical process by which a case moves through an American criminal justice system, from the report of a crime through trial and appellate review. Section IV summarizes the most basic objective and culpability requirements necessary to establish liability for an offense and the doctrines that sometimes impute those elements when they do not in fact exist. Section V describes the general defenses that may bar liability, even if the offense elements are satisfied or imputed. Finally, section VI describes the general organization of a typical American criminal code's definition of offenses and gives highlights concerning a few of the most common offenses.

Number of Pages in PDF File: 31

Keywords: Criminal Law & Procedure, Structure of American Criminal Law, Criminal Code Reform, Model Penal Code, Central Features of Modern American Criminal Codes, Principle of Legality, American Criminal Justice Process, Criminal Liability Requirements, Offense Requirements, Doctrines Of Imputation, Inchoate

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Date posted: January 6, 2011  

Suggested Citation

Robinson, Paul H., [A Brief Comparative Summary of the Criminal Law of The] United States (January 5, 2011). THE HANDBOOK OF COMPARATIVE CRIMINAL LAW, Kevin Jon Heller & Markus D. Dubber, eds., Stanford University Press, 2011; U of Penn Law School, Public Law Research Paper No. 11-02. Available at SSRN: http://ssrn.com/abstract=1735436

Contact Information

Paul H. Robinson (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
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