The author discusses the theory and classification of legal principles and the application of this methodology to present problems in the criminal law. He then surveys some of the major problems in California criminal law including diminished capacity, felony-murder, and the general/specific intent dichotomy, as well as discusses a number of miscellaneous problems that require clarification. The author concludes by suggesting a practical method for approaching reform of the criminal code.
Theory and Reform of Criminal Law,
29 Hastings L.J. 893
Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss5/5