CHAPTER 1. Historical Background of Criminal Law

Transcription

1 Chapter 1 Multiple Choice CHAPTER 1 Historical Background of Criminal Law 1. The fact that the U.S. Constitution has survived for over two hundred years and is capable of being interpreted in light of contemporary needs, indicates that the Constitution is: a. stable and rigid. b. stable and flexible. c. straight and narrow. d. straight and rigid. b Page number: 2 2. The determination as to whether a particular act is criminal or merely civil in nature is a function of the: a. legislative branch. b. executive branch. c. judicial branch. d. governor. 3. Which of the following is a characteristic of a crime but not a tort? a. Payment of damages b. Private wrong c. Prosecuted by the state in its own name d. Instituted by wronged individual c 4. Criminal law is an offspring of: a. personal vendetta. b. common law. c. civil law. d. the Code of Hammurabi. 5. Most modern legal systems are based on the: a. doctrine of determinism. 1

2 b. XYY chromosome doctrine. c. Lombrosean doctrine. d. doctrine of responsibility. d 6. The common law developed as a result of: a. habits, customs, and legislation. b. habits, legislation, and stare decisis. c. statutes, rules, and legislation. d habits, customs, and stare decisis. d Page number: 5 7. Today in the U.S., even in states that have abolished the common law, the common law is still used for: a. definitions. b. civil wrongs. c. stare decisis. d. corpus delicti. Page number: 5 8. An eye for an eye describes the theory of: a. the Dark Ages. b. modern-day punishment. c. retributive justice. d. the doctrine of responsibility. c Chapter 1 True-False 1. Law became necessary as a means of social control. Page number: 1 2. Enforcement of the law in early societies was usually handled informally by friends, family, and neighbors, in both rural and urban settings. 2

3 b Page number: 1 3. A principal difference between a crime and a tort is that one causes imprisonment and the other causes the payment of money. 4. Law is a group of rules/regulations governing relationships between people and between people and their government. Page number: 1 5. The federal government does not have common law powers. Page number: 6 Chapter 1 Fill in the Blank 1. The essence of law is. language Page number: 2 2. Civil wrongs are commonly referred to as. torts 3. A stable yet flexible document is a. constitution Page number: 2 3

4 4. The federal government has only enumerated. powers Page number: 6 Chapter 1 Matching Match the items in the first column with the proper description in the second column. 1. Enumerated powers a. Crime 2. Stable yet flexible b. Tort 3. Prosecuted by state in its own name c. Federal government 4. Individual paid money d. Constitution 1. * c 2. * d 3. * a 4. * b Chapter 1 Essay 1. Describe the role of stare decisis in the development of common law. Common law began as customs and habits When courts developed, they began recording decisions Later judges looked to those earlier decisions for guidance That was the beginning of stare decisis Page number: 5 2. Distinguish between common law powers and enumerated powers. States were free to adopt the common law as the early settlers did Since then some states have gone entirely to statutory authority The federal government, when formed by the U.S. Constitution, has only those powers given to it by the states and the people 4

5 Thus, the federal government has only those enumerated powers contained in the Constitution Page number: Distinguish between crimes and torts. Crime: public wrong; prosecuted by state in its own name; punished by fine, imprisonment, or death; punishment is prescribed Tort: private wrong; action instituted by wrong individual, normally ordered to pay monetary damages to injured party but not in any set amount 4. Describe the significance of the doctrine of responsibility to our legal system. People act of their own free will Therefore, the law holds people accountable for their actions That is the essence of the doctrine of responsibility Chapter 1 Questions for Discussion Below are suggested answers to the Questions for Discussion found in the text. 1. The offense John committed cannot be successfully prosecuted in a federal court, for the federal judiciary is without power to prosecute common law offenses. The federal courts can only adjudicate criminal offenses enacted by Congress because the federal government is one of enumerated powers rather than common law powers. The second portion of the question regarding the possibility of prosecuting the offense in a state court will, of course, vary from state to state. In states that have retained the common law either expressly or by implication, John s offense could be prosecuted. However, in states that have abrogated the common law either expressly or by implication, and have made all offenses statutory, John could not be successfully prosecuted. 2. Common law has had a great impact on the United States. It was the basic legal system brought to the country by the colonists and it was the predominant legal system for some time in this country In most states that have retained common law, it is essential to understand the impact of common law on the law on those states and of the possibility of prosecuting a criminal offense not found in the statute books. Even in those states that 5

6 have abrogated the common law, it is often essential to refer to common law for definitions and needed elements to prove a particular crime. 3. The Constitution, the basic governing document of the United States, was written in the 1700s by people who could not possibly foresee the problems and complexities of the 21 st century. Yet that document has remained operative for 200 years. This is so because the Constitution is stable in that it contains broad principles of law governing the manner in which the federal government may operate to successfully keep us a united nation, and yet it is broadly worded so that, through the judicial and legislative processes, it can be interpreted in light of the needs of contemporary society. This is what is meant by the statement that the Constitution must be stable yet flexible. 4. The concept of responsibility refers to accounting for the reasons people violate the law. It concerns itself with the fundamental premise that each person is presumed to act of his/her own free will. If an individual commits a prohibited act and does so with free will, the person may be held accountable/responsible for crimes committed. Conversely, if some factor in the make-up of the human psyche or some factor in the relationship of one person to another causes a person to commit a prohibited act without the exercise of free will, the person will not be held criminally liable for the conduct. 6