Main Content
Second Edition, 2022
This casebook includes an introduction to important principles of criminal law and how issues of mental health, race, sex, gender, and sexual orientation have been treated by the legal system. This casebook should invite meaningful discussions about the role of race in the legal system, including policies regarding policing, discretion, and diversionary programs. Although the subject of criminal law cannot be taught without the use of cases and resources that include distressing details, traumatizing material was avoided when it was not necessary to the purposes of this course.
To my students: I hope that this casebook provides you with an introduction to important principles of criminal law, as well as an understanding of how issues of mental health, race, sex, gender, and sexual orientation have been treated by the legal system. This casebook will also help you consider how criminal laws reflect societal norms, how they have influenced (and been influenced by) change in this country, and what potential shortcomings continue in modern criminal law. This casebook should invite meaningful discussions about the role of race in the legal system, including policies regarding policing, discretion, and diversionary programs.
Although the subject of criminal law cannot be taught without the use of cases and resources that include terrible crimes with distressing details, I have tried to be thoughtful about the inclusion of difficult material. I did so to avoid using traumatizing material when it was not necessary to the purposes of this course. Please try be aware of your need for breaks and self-care as you proceed through these materials.
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To other faculty: This casebook is yours to clone, revise, and make your own. I only request that you continue to credit those whose work is included here and please let me know how you have improved upon it.
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This casebook is adapted from the amazing work done by David Ball and Michelle Oberman. They recognized the shortcomings of traditional casebooks and sought to create a more perfect text. This edition would not be possible with the assistance of my tireless research assistants:
2021: Alexa Binkowitz, Nataly Brown, Hope Estrella, and Shannon Palm
2022: Adrianna Aresco, Amy Bonin, Matthew Chai, Dakota Flint, Samantha Passanante, Andrew Post, Paige Sorenson, Matthew Ventricelli, and Rebecca Zeuschner
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I also echo the gratitude to those whose contributions live on in this version: Joshua Dressler; Stephen Garvey; Cynthia Lee; Angela Harris; Jeannie Suk; Tim Wu; Amna Akbar; Alice Ristroph; Paul Butler; Allegra McLeod; Jocelyn Simonson; Karen Tani; Mike Flynn; and the students and co-authors who were the driving force behind this project: Cydney Chilimidos; Miriam Contreras; Jenai Howard; Christina Iriart; Angela Madrigal; Leah Mesfin; Zachary Nemirovsky; Nicholas Newman; Nathanial Perez; Michael Pons; and Phillip Yin.
--Elizabeth S. Tanaka, Quinnipiac University School of Law
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.