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CRIMINAL LAW Tenth Edition Joel Samaha
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Criminal Law was my favorite class as a first-year law student at Northwestern UniversityLaw School in 1958. I’ve loved it ever since, a love that has only grown from teaching it atleast once a year at the University of Minnesota since 1971. I hope my love of the subjectcomes through in Criminal Law, which I’ve just finished for the tenth time. It’s a greatsource of satisfaction that my modest innovation to the study of criminal law—the textcasebook—has endured and flourished. Criminal Law, the text-casebook, brings togetherthe description, analysis, and critique of general principles with excerpts of cases editedfor nonlawyers.Like its predecessors, Criminal Law, Tenth Edition, stresses both the general principles that apply to all of criminal law and the specific elements of particular crimesthat prosecutors have to prove beyond a reasonable doubt. Learning the principles ofcriminal law isn’t just a good mental exercise, although it does stimulate students to usetheir minds. Understanding the general principles is an indispensable prerequisite forunderstanding 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 fromstate to state and over time because they have to meet the varied and changing needs ofnew times and different places.That the principles have stood the test of time testifies to their strength as a framework for explaining the elements of crimes defined in the fifty states and in the U.S.criminal codes. But there’s more to their importance than durability; knowledge of theprinciples is also practical. The general principles are the bases both of the elements thatprosecutors have to prove beyond a reasonable doubt to convict defendants and of thedefenses that justify or excuse the guilt of defendants.So, Criminal Law, Tenth 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 teachand write about criminal law, the more I learn and rethink what I’ve already learned; themore “good” cases I find that I didn’t know were there; and the more I’m able to includecases that weren’t decided and reported when the previous edition went to press.Of course, it’s my obligation to incorporate into the Tenth Edition these now-decidedand reported cases, and this new learning, rethinking, and discovery. But obligationdoesn’t describe the pleasure that preparing now ten editions of Criminal Law brings me.Finding cases that illustrate a principle in terms students can understand while at thesame time stimulating them to think critically about subjects worth thinking about isthe most exciting part of teaching and writing and why I take such care in revising thisbook, edition after edition.

Each of these approaches is not without advantages and disadvantages in theory and in application, as is readily apparent from a perusal of the comments of various text writers and of the courts. We believe that the preferable approach is one bottomed on the substantial step test as is that of Model Penal Code. We think that using a substantial step as the criterion in determining whether an overt act is more than mere preparation to commit a crime is clearer, sounder, more practical and easier to apply to the multitude of differing fact situations which may occur. Therefore, in formulating a test to fix the point in the development of events at which a person goes further than mere unindictable preparation and becomes guilty of attempt, we eliminate from consideration the Proximity Approach, the Probable Desistance Approach and the Equivocality Approach.
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Convinced that an approach based on the substantial step test is the proper one to determine whether a person has attempted to commit a crime, and that 110.00 of the Md. Proposed Criminal Code best expressed it, we adopt the provisions of that section. [With a few modifications, the Courts adoption tracks the excerpted parts of the MPC provision in your text.] This language follows 5.01(1)(c) of the Model Penal Code, but eliminates failure to consummate the intended crime as one of the essential elements of a criminal attempt. Thus, the State is not required to prove beyond a reasonable doubt that the crime was not in fact committed. Furthermore, the elimination of failure as a necessary element makes attempt available as a compromise verdict or a compromise charge.
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When the facts and circumstances of [this] case are considered in the light of the overt act standard which we have adopted, it is perfectly clear that the evidence was sufficient to prove that Young attempted the crime of armed robbery as charged. As we have seen, the police did not arrive on the scene after the fact. They had the advantage of having Young under observation for some time before his apprehension. 248 | C H A P T E R 8
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Inchoate Crimes They watched his preparations. They were with him when he reconnoitered or cased the banks. His observations of the banks were in a manner not usual for law-abiding individuals and were under circumstances that warranted alarm for the safety of persons or property. Young manifestly endeavored to conceal his presence by parking behind the bank which he had apparently selected to rob. He disguised himself with an eye patch and made an identification of him difficult by turning up his jacket collar and by donning sunglasses and a knit cap which he pulled down over his forehead. He put on rubber surgical gloves. Clipped on his belt was a scanner with a police band frequency. Except for the scanner, which he had placed on his belt while casing the bank, all this was done immediately before he left his car and approached the door of the bank.
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