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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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 Criminal Law, Twelfth Edition © 2017, 2015 Cengage Learning
Joel Samaha
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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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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 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

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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

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 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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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 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

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 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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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”

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 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?”

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xiv preface

• Criminal Law in Focus

—— “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?”
• Criminal Law in Focus
—— “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.

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 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
• Criminal Law in Focus
—— “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
• Criminal Law in Focus
—— “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?”

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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?”
• Criminal Law in Focus
—— “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”

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 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”
• Criminal Law in Focus
—— “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)
• Criminal Law in Focus
—— “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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 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?

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
 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

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6 CHAPTER 1 • CRIMINAL LAW AND PUNISHMENT IN U.S. SOCIETY

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.

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 CRIMINAL LAW IN U.S. SOCIETY 7

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

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8 CHAPTER 1 • CRIMINAL LAW AND PUNISHMENT IN U.S. SOCIETY

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)

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 CRIMINAL LAW IN U.S. SOCIETY 9

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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Other documents randomly have
different content
 ‘make another Survival check every time the tracks become
dificult to follon, such as when other tracks crass them or when the
terrain or prevailing ‘circumstances change. ‘You move at haif normal
speed while tracking. You can choose to move ‘your normal speed
instead, but you take a ~5 penalty on Survival checks made to
follow tracks. ‘SURFACE oc REA GE PALTe Seate sd? | Firm ground
20 Soft Ground: Any surface (fresh snow, thick ash, wet mud] that
holds cleat impressions of footprints, Firm Ground: Any outdoor
surface (lawns, feds, woods) or exceptionally soft or dirty indoor
surface (dusty floors, thick carpets) that can capture footprints of a
creature's passage. Hard Grounds Any surface that doesn’t hold
footprints at al (bare rock, concrete, metal deck plates).
CIRCUMSTANCE om om the trail was made 41 Fresh snow cover
since the tral was made 45 Huge or bigger 10 Medium +0 ~~~
Specials You can take 10 when making a Survival check. You can t
20 If there ls no danger or penalty for falure, but it takes twenty
times as Jong as normal to do so. Swim (STR) ‘Armor Check Penalty
Using this ski, a land-based creature can swim, dive, navigate
underwater ‘obstacles, and 50 on. ‘Swim: A successful Swim check
allows you to swim one-quarter your speed as a move action or one-
half your speed as a full-round action. Roll ‘once per round. Ifyou
fail, you make no progress through the water. If ou fall by 5 or more,
you go underwater and must hold your breath (see the Endurance
still, page 66) until you reach the surface by succeeding on, ‘Swim
check. ‘The DC for the Swim check depends on the situation: Retry:
A new check i allowed the round after a check s failed, ‘Special: You
can take 10 when making @ Swim check, but you can't 2. TREAT
INJURY (Wis) Use tis skill to keep @ badly wounded friend from
dying, to hea! the in ‘or to treat a diseased or poisoned character.
First Aid (requires a medpac):As a full-round action, you can adm)
first ald to an unconscious or wounded creature. if you succeed on w
DC Treat Injury check, the cresture regains @ numberof hit points
equal to ‘character level +1 for every point by which your check
result exceeds OC. Using a medical kit rants a +2 equipment bonus
on your sil ch the sill cheek succeeds, the tended creature cannot
benefit from addit first ad for 24 hours ‘You can administer first aid
on yourself, but you take @ ~5 penalty. your Treat Injury check.
‘Long-Term Care: if you tend toa creature for 8 consecutive hows,
creature regains hit points equal to its character level in adgltion to
recovered from natural healing (see Natural Healing, page 148).A
can only benefit from long-term care once ina 24-hour period. You
ca fone creature at time if untrained, or up to six simultaneously if
You can't give long-term care to yourself. Perform Surgery (Trained
Only: requires a surgery kit): You ca form surgery to heal damage to
3 wounded creature, remove a p condition, or install a cybernetic
prosthesis (see page 137), Any of ‘operations requires 1 hour of
uninterrupted work, at the end of which § you must make a Treat
Injury check, Ifyou fll your check, the surgery ‘not yield any benefit
(but any resources used ae stil lst). In adition fail your check by 5 or
more, the creature takes damage equal to its threshold. If this
damage reduces the creature to.O hit points, it dies! Hit Points, page
146). Heal Damage: You can make a DC 20 Treat Injury check to
surgery on a wounded creature. healing an amount of damage
equal’ ‘creature's Constitution bonus (minimum 1) x the creature's
level. If the check the creature instead takes damage equal to its
damage If the creature was already at 0 hit points, it dies unless it
can spend Point to save itself (se page 93) You can perform surgery
on yourself ww —_—_—_,
 D « putyou take #5 penalty on your stil check. Performing
surgery to age But iso removes any persistent conditions afflicting
the target. Ia cybernetic Prosthesis: You must nave the Cybernetic
Surgery ] ae 83) to instal 3 cybernetic prosthesis on 2 living being At
the Fae nea 2 20Treat uy cece tre checked, re erness sistas propery
the check a, the prosthesis ot Install Pry Installed; however. You can
try again after another uninterrupted hour Mpxea-5 penalty on your
sll check Resurgery Yu can Install a cybernetic prosthesis on yours,
bu Revivify (Trained Only; requires a medical kit): As 2 full-round
action, you can revive a creature that has just died. You must reach
the dead creature round ofits death to revive it, and you must
succeed on a DC 25 Treat Injury check. Using a medpac grants & +2
equipment bonus on the skill If the check succeeds, the creature is
unconscious instead of dead. If the check fails, you are unable to
revive the creature. Treat Disease (Trained Only; requires 2 medical
kit): Treating a diseased character requires B hours, At the end of
that time, make a Treat Injury check inst the disease’s OC (see
Disease, page 254). If the check succeeds, the patient is cured and
no longer suffers any ill effects (including persistent conditions
caused by the disease). You can treat one creature at @ time if
‘ously Treat Polson (Trained Only; requires medical kit): As a full-
round action, you can ed character, Make a Treat Injury check; if the
result equals or exceeds the poison's DC (see Poison, page 258), you
cessfully detoxify the character's system and the patient up to six
simult trained ¢ poison in fo longer suffers any ill effects (including
persistent conditions caused by Treat Radiation (Trained Only;
requires a medical kit): Treating an diated character requires @
hours, At the end of that time, make a Treat Injury check against the
radiation’s OC (see Radiation, page 258), I the check succeeds, the
patient is cured and eat rent conditions caused by the radiation).
You can treat one creat Special king a Treat Injury check, but you
Use COMPUTER (INT) Use this sk ess secured files and defeat
security systems. ‘Access Information (requires computer attitude of
indifferent or better): Getting information through he appropriate
network (such as the Hol computer requires you to connect ) and
locate the files you seek, Connecting to a network (a full-round heck
if you use a computer that's already finked to it. However, e nection
to. network using a remote computer requires a DC 10 Use
Computer check, You can also get informa: connecting toa ‘work if
you use a computer whose memory formation a computer's tains
that information; the GM decides what Finding information on a
single topic requires a set amount of time (see ‘end of this time, you
must make a Use Computer check. The he check DC are determined
by the type of information ocating general information about a
senator is easier or's date of birth}, which inding private information
[such as the senator's private comm
 ATTITUDETHE COMPUTER... Unfriendly as an unauthorized
user and blocks yout access to its programs and information. Treats
you as an authorized user and grants you access to any programs
and non-secret information (as long as ths doesnot conflict with
previous commands). You may add any equipment bonus provided
by the computer to your Use Computer checks. channel code), which
is easier than uncovering secret information (such as the senator's
cred stick code). INFORMATION Dc ‘TIME REQUIRED General = 15 A
minute (10 rounds) sae 20 10 minutes Seeret* 30 1 day (8 hours) *
Secret information con only be accessed on a computer that is
helpful toward you. Astrogate (Trained Only): You can plot @ safe
course through hyperspace. Doing so usually requires 1 minute, at
the end of which time you must succeed on a Use Computer check.
Various factors influence the DC of the check (see Astrogation, page
237), Disable or Erase Program (Trained Only; requires computer
attitude of helpful): You can disable or erase a program on a
computer that is helpful toward you (See Table 4-5: Computer
Attitude Steps). Disabling or erasing @ program takes 10 minutes
and requires a DC 15 Use Computer check. Improve Access (Trained
Only): As a fll-round action. you can make a Use Computer check to
adjust the attitude of a computer in order to gain access to its
programs and information. You must be able to communicate with
the computer either through a direct interface (such asa keypad) or
by connecting toit through an appropriate network (uch as the
HoloNet). Apply 1 modifier on the check based on the computer's
current attitude toward ‘you: hostile -10, unfriendly -5, indifferent ~2
friendly +0 (see Table 4-5: Computer Attitude Steps). f the check
equals or exceeds the computer's Wi Defense, the computer's
atitude shifts one step in your favor. If you fal, the computer's
attitude does not change. Ifyou fil by 5 or more, the computer's
becomes one step worse (for example, indifferent to unfriendly) and
‘computer notifies the computer's administrator of the access
attempt, ‘A hostile computer can be dangerous. If @ computer
becomes or if you fail any Use Computer check made to improve
access ta computer, it traces your exact location and notifies the
nearest 5 personnel. In addition, f you fall by 5 or more when
attempting to im access to 2 hostile computer, it isolates your
connection and rejects further attempts you make to access it for 24
hours. Issue Routine Command (requires computer attitude of
friendly better): As a standard action, you can issue a routine
command to a puter. Examples include turning a computer on or off,
viewing and edi documents or recordings in its memory, printing a
hard copy of a docul or image ona flimsiplast sheet, opening ar
closing doors that the com controls, and the like. Issuing routine
commands doesn't normally require a Use Cor check. However, if
another character issues a contradictory com the computer follows
the command of the character toward whol has a better attitude (For
example, it follows a command from toward whom it is helpful aver
someone toward whom itis frienc the computer has the same
attitude toward both characters, make opposed Use Computer check
against the competing character. If succeed, your command takes
effect. If you fail, the opposing ch ‘command takes effect.
Reprogram Droid (Trained Only; requires tool kit): You can check to
reprogram a droid to obey & new master, copy data stored ‘memory
banks, change its trained skis, erase memories selectively, OF its
memory entirely (resetting the dfoid to its Factory preset status), for
any of these actions is equal to the droid's Will Defense. Repro 4
droid takes 10 minutes.
 take 10 on Use Computer checks. You can take 20 on 3
‘except when attempting to improve access. 's friendly or helpful
toward you, you gain an equipfall Use Computer checks made with
that computer equal to nus. ie Force (CHa) ce Sensitivity feat ; he
Force to help you recover from injuries. gain special ‘other
remarkable acts. You must have the Force Sensi 85) to be trained in
this sil. Power (Trained Only): You make a Use the Force check
power (see Force Powers, page 95), This use of the ski [Trained
Only): As 2full-round action, you can enter a with a DC 10 Use the
Force check. In this state, you remain jyour surroundings. Each hour
you remain inthe trance, you ‘of hit points equal to your character
level, You can emerge ce 5a swift action If you remain in a Force
trance for & con“you emerge from the trance fully rested [as though
you'd or water (see the Endurance skill, page 66) Object (Trained
Only): As a move action, you can use the cally lift and move a
relatively light object within your hing up to § kg a distance of 6
squares in any direction. AS a you can use the abject asa projectile
weapon, but the DC 1S: Iryour Use the Force check beats the
target's Reflex Defense, and deals 146 points of bludgeoning
damage. Feelings: As a fullround action, you can make a DC he
Foree check to determine whether a particular action will OF
Unfavorable results to you in the immediate future ‘0 ess). For
example, you can make the check to determine nga dark side
artifact wil have immediate unforeseen The answer does not take
into account the long-term Gf a contemplated action. Using the
above example, 3 Would not portend a future encounter with
vengeful 0 by the destruction of the dark side artifact. (The GM ithe
immediate consequences of the action, based on what the
circumstances.) SE (Trained Only): You automatically sense
disturbances jn tion that js strong in the dark side of the Force ean
be 8 range of 1 kilometer. A relative, companion, or close friend 'OF
great pain can be sensed out to 2 range of 10,000 light Mee, such as
the destruction of an entire populated “THE ABILITY TO DESTROY A
PLANET 'S INSIGNIFICANT NEXT TO THE POWER OF THE FORCE."
—DARTH VADER planet or the distress of @ whole order of allies,
can be sensed anywhere in the same galaxy. As a fulleround action,
you can make a OC 15 Use the Force check to determine the
distance and general direction to the location of the disturbance. As
a full-round action, you can use this ability to actively sense other
Force-users out toa range of 100 kilometers. if you succeed on a DC
15 Use the Force check, you know how many Force-users are within
range, their approximate distance and direction from you, and
whether you've met them before or not. Another Force-user within
range can try to conceal her pres= tence from you by making an
opposed Use the Force check. if she equals or ‘exceeds your Use the
Force check, you don't sense her presence at all ‘Sense
Surroundings: As a swift action, you can make a DC 15 Use the
Force check to ignore the effects of cover and concealment when
making Perception checks to detect or observe targets, Increase the
DC by 5 if this ability is used against targets with total cover,
Telepathy: As a standard action, you can establish @ telepathic link
with 2 distant creature. Through the link, you can exchange
emotions or a single thought, such as “Gol”, “Help!, or "Danger!" The
target must have an Intelligence of 2 or higher, and the distance
between you and the target ‘etermines the DC (see below). Against
an unviling target, you must make 8 Use the Force check against the
target's Will Defense; if the check fails, you cannot establish a
telepathic link or attempt to telepathically contact the target for 24
hours unless the target hecomes a wiling one. TELEPATHY
DISTANCE oc ‘Same planet — = ae: Same system 20 ——— 3
Different region/quadrant of the galaxy 0 ‘Special: You can't make
Use the Force checks unless you have the Force Sensitivity feat (see
page 85). Use the Force isa class skill for any character with the
Force Sensitivity feat ‘You can take 10 on 2 Use the Force check, but
you can't take 20.
 2 special feature that either gives your character a new
capability ‘one he or she already fas. Unlike skills and talents, your
choice restricted by your class, Any character can take any feat as
quistes are met. IRING FEATS ats you feel best represent your
character’ interests and character gets one teat when the character
is ereated (at rd, 6th, 9th, 12th, 15th, and YBth level, characters
gain another ie 3-1: Experience and Level-Dependent Benefits, page
37), For characters, feats are gained according to total character
level, widual cass levels, Rabitionally, classes get bonus feats chosen
from special Fists (see the ‘lass descriptions in Chapter 3: Heroic
Classes), Humans also get @ bonus {eat at Ist level, chosen from
any feat the character qualifies for, PREREQUISITES ‘Some feats
have prerequisites. A character must have the listed ability seore,
feat trained stl, or base attack bonus inorder to select or use that
feat J haracter can gina feat at the same level at which he oF she
gains the prerequnute(s) ‘A prerequisite that contains a numerical
value is a minimum; any value Nigher than the ane given also meets
the prerequisite, For instance, the pre~ requestor the Cleave feat
are Strength 1, Power Atack." Any character with a Strength score of
13 or higher and the Power Attack feat meets the prerequisites. You
can't use a feat if you've lost a prerequisite. For example, WF your
Strength drops below 13 for any reason, you can't use the Power
Attack feat until your Strength returns to 13 or higher. FEAT
DESCRIPTIONS Here isthe format for feat descriptions. Peat Name A
description of what the feat does or represents in plain language,
with ‘no game mechanics. Prerequisite(s): A minimum ability score,
another feat or fats, a mini‘mum base attack bonus, a specia skill
requirement, and/or a minimum Keel ‘ma clays that a character must
have to acquire this feat. This entry isabsent ‘4 Feat hay no
prerequisite. Benefit: What the feat enables you (the character) to
do. [Normat: What a character who does not have this feat is limited
to or restricted from doing. If not having the feat causes no
particular drawback, this entry ts absent.
 FEAT ‘Armor Prficiency (heavy) ‘Armor Proficieney (medium)
Burst Fire Charging Fire Combat Reflexes Crush Deadeve Double
Attack Dual Weapon Mastery i ‘Dual Weapon Mastery i Extra Rage
Far Shot Force Sensitivity Great Cleave Improved Defenses Improved
Damage Threshold PREREQUISITES ‘Armot Proficiency (ight), Armor
Proficiency (medium) ‘Armor Prefiiency (ight) ‘St 13, Weapon
Proficency (heavy weapors), proficient with Base attack bonus +4
Pin base attack bonus +! Point Blank Shot, Precise Shot, base attack
bonus +4 ‘Base attack bonus +6, proficient with weapon Dex 13,
base attack bonus +1 ‘ex 17, base attack bonus +11, Dual Weapon
‘Mastery | Dual Weapon Mastery I Rage specs tat Point Blank Shot
Non-droid Str 13, Power Attack, Cleave, base attack bonus +4 No
penaity on attacks and no armor check penalty while wearing light,
medium, of heavy armor. ‘No penalty on attacks and no armor check
penalty while wearing light or medium armor. Take a § penalty on an
autofie attack to gain +2 dice damage, Make ranged attack at the
end of a charge, at 2-2 penalty. Gain adctiona attacks of opporturity
Deal unarmes or caw domage toa pinned opponent 1 you aim, ceal
extra damage. Make extra attack during ful attach, 5 penalty to all
attacks Take a 5 penalty on attacks when attacking with two
weapons or both ends ofa double weapon. “Take no penalty on
attacks when attacking with two weapons oF both ends af 2 ceuble
wea Rage one acitional time per day. Ra tes for shorts, medium-,
and long-ranged attacks ae reduced. "You can mate Use the Force
checks and gin acess to Fore talents, (No limit to cleave attacks exch
round. Gain +1 bonus to all defenses. Damage threshold increases
by 5.
 ‘Martial Arts |, Martial Arts base attack bonus +6 ength 13.
‘Base attack bonus +1 Ste13 Point Blank Shot Str 13, base attack
bonus +), proficient with weapon Dex 13 Point Blank Shot, Precise
Shot, base attack bonus +4 “Trained in Treat injury Base attack
bonus «8, Double Attack (chosen jon), proficient with chosen
weapon ‘Trained in Plot Praticincy with weapon ‘Dex 13, Int 13,
Melee Defense, base attack bonus +4 Trade attack bonus for
‘Increase damage from urarmed attacks by one die step; gain +1
dodge bonus to Reflex Defense. Increase damage from unarmed
sttacks by one die step; “+1 dodge bonus to Reflex Defense. ‘Spend
two swift actions to deal extra damage in mele. ‘Grappled opponent
is pinned for 1 round, can't move, land loses its Dexterity bonus to
Reflex Defense. ‘on melee attacks lup to your base attack bonus), No
=5 penalty for shooting into mele. ‘Tate a -2 penalty on a ranges
attack rl to deal +1 de of damage. Move before and after mating an
attack. Gain +5 competence bonus on skill checks with ane trained
You ignore soft cover when making a ranges attack, You can perform
surgery in 10 minutes instead of 1 hour. Gain +1 hit point per
character level. Make second extra attack during ful attack, aditional-
5 penalty to all attacks Negate one attack per round agains the
vehicle you're pllting. ‘+1 bonus on attack rots with selected ‘Mate
one melee attack against exch opponent within reach,
 Special: Additonal facts about the feat that may be helpful
when you decide whether to acquire the feat ACROBATIC STRIKE
Your dexterous maneuvers and skilled acrobatics allow you to sip
past & foe's defenses and deliver an accurate strike against him.
Prerequisite: Trained nthe Acrobatics ski. Benefit: If you suecee¢ in
tumbling to avid an attack of opportunity (see the Acrobatics stil,
page 62), you gain a +5 bonus on the next attack that you mate
against that foe as long as the attack occurs before the end of your
current tum. ARMOR PROFICIENCY (HEAVY) ‘You are proficient with
heavy armor (see Table 8-7: Armor) and can wear it without
impediment. Prerequisites: Armor Proficiency (ight), Armor
Proficiency (medium). Benefit: When you wear heavy armor, you
take no armor check penalty ‘onattack rll or sil checks, Additionally,
you benefit from all ofthe armors special equipment bonuses (if
any). Normal: A character who wears heavy armor with which she is
not proficient takes a ~10 armor check penalty on attack rolls 2s
well as skill ‘checks made using the following skill: Acrobatics, Climb,
Endurance, Intietive, Jump, Stealth, and Swim. Additionally the
character gains none of the armor's special equipment bonuses.
ARMOR PROFICIENCY (LIGHT) You are proficient with light armor
(see Table 8-7: Armor) and can wear it without impediment. Benefit:
When you wear light armor, you take no armor check penalty on
attack rolls or skill checks. Additionally, ou benefit from all of the
armor’s special equipment bonuses (if any), ‘Normal: A character
who wears heavy armor with which she is not proficient takes a -2
armor check penalty on attack ros as well as sil checks ‘made using
the following skills: Acrobatics, Climb, Endurance. initiative, Jump,
Stealth and Swim, Additionally, the character gains none ofthe
armor’s special equipment bonuses. ARMOR PROFICIENCY
(MEDIUM) You are proficient with medium armor (see Table 8-7:
Armor) and can wet it without impediment. Prerequisite: Armar
Proficiency (light). Benefit: When you wear medium armor, you take
no armor check penalty ‘on attack ols or skill checks. Aditionally, you
benefit from all of the rmor's special equipment bonuses (if any),
Normal: & character who wears medium armor with which she jg
proficient tates 2 ~5 armor check penalty on attack rolls as well as
‘checks made using the following skis: Acrobatics, Clim, Endurance,
tive, Jump, Steslth, and Swim. Additionally the character gains none
of armors special equipment bonuses. BANTHA RUSH You ean shove
your opponents sround the battlefield to gain a ta advantage.
Prerequisite: Strength 13, base attack bonus +1 Benefit: After
making a successful melee attack agsinst an opponent to one size
category larger than you, you can choose to move that op 1 square
in any direction a a free action. You can’t bantha rush an oppo that’s
being grabbed or grappled, and you can’t bantha rush your oppo
into a solid object or another creature's Fighting space. BURST FIRE
When using @ rangeé weapon in autofire mode, you can fire 8 short
ata single foe. Prerequisites: Strength 13, Weapon Proficiency
(heavy weapons), ficient with weapon. Benefit: When using a
ranged weapon with sutoire capability ina ‘mode, you may fire 8
short burst as a single attack against a single t You take a -5 penalty
on the attack roll but deal +2 dice of damage, ‘example, a weapon
that deals 3610 points of damage deals Sd10 pol damage instead,
The effects of this feat do not stack with the extra damage provide!
the Deadeye or Rapid Shot feat. Special: Fring @ burst expends five
shots and can only be done if weapon has at least five shots
remaining, ‘Normal: Autofire uses ten shots, targets @ 2-square-by-
2-square ‘and can't be aimed ata specific target. Without this feat, If
you a utofire attack at a specific target, it simply counts as a normal
attack all the extra shots are wasted, CAREFUL SHOT ‘You are
particulary skilled at aiming your attacks. t Blank Shot, base attack
bonus +2. tack (see Aim on page you gain 2 +1 bonus on your
attack roll, CHARGING FIRE You are able to make ranged attacks
while charging. Prerequisite: Base attack bonus «4, Benefit: When
you charge, you may make a ranged attack inst melee attack at the
end of your movement. Unlike @ normal c
 ‘pot help overcome your target, so you gain na bonus.on
Normal: A character without the Combat Reflexes feat can make
only As with 2 normal charge, you stil take a -2 penaity to your one
attack of opportunity per round and can't make attacks of
opporturity while flat-footed. (See Attacks of Opportunity, page 155,
for more can make a single melee attack with 2 +2 bonus on your
information.) end ofa charge. COORDINATED ATTACK You are skilled
at coordinating your attacks with your allies. through with a powerful
melee attack. Prerequisite: Base attack bonus +2. Strength 13,
Power Attack Benefit: You are automatically sucessful when using
the aid another frifyou deal an opponent enough damage
toreduceitshitpointsto action to ald an alls attack or suppress an
enemy as long as the target is Tinmediate extra melee attack
against anather oppanent within adjacent to you or within point
blank range. t You cannot adjust 1 square before making this extra
attack. The Normal: You must make an attack roll ag g2in the
benefits ofthe ad another action. st a Reflex Defense of 10t0 crus
‘You can deal damage to a creature that you've grappled. nd quickly
and repeatedly Prerequisites: Pin, base attack bonus +1, ts who let
their guard Benefit f you successfully pin an ‘opponent with a
grapple attack (see When opponents the Pin feat, page 87), you can
immees open, you may diately deal iudgeoning damage her of
additional to It equal to your unarmed ‘opportunity equal to fF
damage or claw damage, modifier. whichever is greater CYBERNETIC
SURGERY ‘You can perform the surgi«al procedures necessary to
graft cybernetic components onto living flesh, Prerequisite: Trained
in the Treat Injury sil, Benefit: You can install 4 cybernetic prosthesis
(see page 137) on a living being. The surgical procedure takes 1
hour of uninterrupted work, after which you must make on a DC 20
Treat Injury check, ifthe check succeeds, the prosthesis is installed
correctly. If the check fails, the prosthesis is not properly installed;
however, you ean try again after another uninterrupted hour of
surgery,
 Special: You can install 2 cybernetic prosthesis on yourself,
but you take @ -5 penalty on the Treat Injury skill check. If you have
the Surgical Expertise feat (see page 88), you can install a
cybernetic prosthesis in 10 ‘minutes instead of 1 hour. DEADEYE You
are skilled at picking off enemies with well-aimed ranged attacks.
Prerequisites: Point Blank Shot, Precise Shot, base attack bonus +4.
Benefit: IF you aim before making a ranged attack (see Aim, page
154) ‘and the attack hits, Increase the damage you deal by an
additional weapon die, For example, if you score a hit with a biaster
pistol using the Deadeye feat, the biaster shot deals 446 points of
éamage (instead of the normal 346 points). The effects ofthis Feat
do not stack with the extra damage provided by the Burst Fire or
Rapid Shot feat. Dopce You are adept at dodging blows.
Prerequisite: Dexterity 13. Benefit: During your turn, you designate
an opponent and receive a +1 ‘dodge bonus to your Reflex Defense
against attacks from that opponent. ‘You can select a new opponent
on any action. Asituation that makes you lose your Dexterity bonus
to Reflex Defense (if any) also makes you lose dodge bonuses. Also,
dodge bonuses stack with each other, unlike most other types of
bonuses. DousLe ATTACK You can make an additional attack during
a round of combat, Prerequisites: Base attack bonus +6, proficient
with chosen weapon. Benefit: Choose a single exotic weapon or one
of the following weapon groups: advanced melee weapons, heavy
weapons, lightsabers, pistols, rifles, simple weapons. When you use
the full attack action, you may make ‘one additional attack when
wielding such a weapon. However, you take 3 5 penalty on all attack
rolls until your next turn because you're trading precision for speed.
‘Normal: Making a single attack is a standard action. ‘Special: You
may select this Feat multiple times. Each time you select this feat, it
applies toa different exotic weapon or weapon group. DREADFUL
RAGE ‘You deal horrendous damage while raging. Prerequisites:
Rage species trait, base attack bonus +1. Benefit: While raging, your
rage bonus on melee attack rolls and melee damage rolls increases
to +5. Normal: A character with the rage species trait gains a +2
rage bonus ‘on melee attack rolls and melee damage rolls while
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