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1
SOLUTION MANUAL FOR
Criminal Law for the Criminal Justice
Professional ISE Norman M. Garland
Chapter 1-16
Chapter 1
Nature, Origins, Purposes, Structure, and Operation of the Criminal Justice System
Chapter Objectives
After reading and studying this chapter, students should be able to accomplish the following
objectives:
1. State a basic definition of law.
2. Explain what distinguishes the criminal law from other law.
3. Define the common law.
4. State the principle of legality.
5. Explain what the MPC is.
6. Describe the fundamental structure of the American criminal justice system.
7. Name the four basic police functions.
8. State what is required for a law enforcement officer to arrest a suspect.
9. State the purpose of a preliminary hearing.
10. Describe the two alternative methods for charging serious crimes.
11. List the three possible bases for a defendant‘s pretrial motion to dismiss.
12. State the four possible grounds for appeal of a criminal conviction.
13. State when a defendant is entitled to an attorney at trial.
Chapter Outline
I. The Nature and Origins of Law
In the United States today, most citizens understand the concept of law to consist of the
following:
• The federal, state, or local enactments of legislative bodies
• The known decisions of the courts of the federal and state governments
• Rules and regulations proclaimed by administrative bodies
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written consent of McGraw-Hill Education.
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2
• Proclamations by executives of the federal, state, or local government
Lawmakers distinguish between two types of rules: (1) religious and moral values and (2) rules
created by government to protect individuals and promote social welfare. People recognize that
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written consent of McGraw-Hill Education.
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3
some actions may be immoral even though they are not illegal. In addition, people
generally believe that they should be able to live according to their religious principles, as
long as their actions do not violate the law.
A. Emergence of Written Law
From time immemorial, humankind has sought to minimize turmoil and chaos by the
imposition of some set of rules by which to live. From the edicts of kings and conquerors to
the U.S. Constitution, rules of conduct for society have been proclaimed and enforced.
• Ancient Law: Although human societies have always had rules of conduct, the first
known written laws are believed to be those found on clay tablets in Ur, one of the
city-states of Sumeria. They were created about 5,000 years ago.
• English and American Common Law: Every ancient nation eventually developed
formal legal codes, and the American legal code derives primarily from that of
England.
After William of Normandy conquered England in 1066, he established the
eyre—that is, a court with judges who traveled throughout the kingdom
once every seven years to hear cases as representatives of the king.
The decisions of these judges and of other members of the central judiciary
created by the Normans to administer the law formed a large part of England‘s
common law.
• Emergence of Modern Criminal Law: When the 13 colonies were established
in America, they adopted England‘s common law.
As the colonies developed and the United States was formed, the law of
the United States developed separately from the English common law
tradition. Eventually, statutory law replaced common law to meet
citizens‘ needs.
B. Civil Law versus Criminal Law
Today, the U.S. judicial system provides for criminal law violations, also called crimes, and
civil law violations, also called torts.
• Criminal law is different from other types of law, and from civil law in particular,
because it involves a violation of public rights and duties, which create a social harm.
• Civil law deals with matters that are considered to be private concerns between
individuals. It includes laws dealing with personal injury, contracts, and property,
as well as administrative law. A violation of civil law is called a tort.
II. Criminal Law in the United States
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4
The American and French revolutions stimulated a legislative movement in the area of criminal
http Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
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written consent of McGraw-Hill Education.
1
SOLUTION MANUAL FOR
Criminal Law for the Criminal Justice
Professional ISE Norman M. Garland
Chapter 1-16
Chapter 1
Nature, Origins, Purposes, Structure, and Operation of the Criminal Justice System
Chapter Objectives
After reading and studying this chapter, students should be able to accomplish the following
objectives:
1. State a basic definition of law.
2. Explain what distinguishes the criminal law from other law.
3. Define the common law.
4. State the principle of legality.
5. Explain what the MPC is.
6. Describe the fundamental structure of the American criminal justice system.
7. Name the four basic police functions.
8. State what is required for a law enforcement officer to arrest a suspect.
9. State the purpose of a preliminary hearing.
10. Describe the two alternative methods for charging serious crimes.
11. List the three possible bases for a defendant‘s pretrial motion to dismiss.
12. State the four possible grounds for appeal of a criminal conviction.
13. State when a defendant is entitled to an attorney at trial.
Chapter Outline
I. The Nature and Origins of Law
In the United States today, most citizens understand the concept of law to consist of the
following:
• The federal, state, or local enactments of legislative bodies
• The known decisions of the courts of the federal and state governments
• Rules and regulations proclaimed by administrative bodies
http Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
https://www.stuvia.com/user/nursecares://www.stuvia.com/user/nursecare
written consent of McGraw-Hill Education.
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2
• Proclamations by executives of the federal, state, or local government
Lawmakers distinguish between two types of rules: (1) religious and moral values and (2) rules
created by government to protect individuals and promote social welfare. People recognize that
http Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
https://www.stuvia.com/user/nursecares://www.stuvia.com/user/nursecare
written consent of McGraw-Hill Education.
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3
some actions may be immoral even though they are not illegal. In addition, people
generally believe that they should be able to live according to their religious principles, as
long as their actions do not violate the law.
A. Emergence of Written Law
From time immemorial, humankind has sought to minimize turmoil and chaos by the
imposition of some set of rules by which to live. From the edicts of kings and conquerors to
the U.S. Constitution, rules of conduct for society have been proclaimed and enforced.
• Ancient Law: Although human societies have always had rules of conduct, the first
known written laws are believed to be those found on clay tablets in Ur, one of the
city-states of Sumeria. They were created about 5,000 years ago.
• English and American Common Law: Every ancient nation eventually developed
formal legal codes, and the American legal code derives primarily from that of
England.
After William of Normandy conquered England in 1066, he established the
eyre—that is, a court with judges who traveled throughout the kingdom
once every seven years to hear cases as representatives of the king.
The decisions of these judges and of other members of the central judiciary
created by the Normans to administer the law formed a large part of England‘s
common law.
• Emergence of Modern Criminal Law: When the 13 colonies were established
in America, they adopted England‘s common law.
As the colonies developed and the United States was formed, the law of
the United States developed separately from the English common law
tradition. Eventually, statutory law replaced common law to meet
citizens‘ needs.
B. Civil Law versus Criminal Law
Today, the U.S. judicial system provides for criminal law violations, also called crimes, and
civil law violations, also called torts.
• Criminal law is different from other types of law, and from civil law in particular,
because it involves a violation of public rights and duties, which create a social harm.
• Civil law deals with matters that are considered to be private concerns between
individuals. It includes laws dealing with personal injury, contracts, and property,
as well as administrative law. A violation of civil law is called a tort.
II. Criminal Law in the United States
http Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
https://www.stuvia.com/user/nursecares://www.stuvia.com/user/nursecare
written consent of McGraw-Hill Education.
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4
The American and French revolutions stimulated a legislative movement in the area of criminal
http Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
https://www.stuvia.com/user/nursecares://www.stuvia.com/user/nursecare
written consent of McGraw-Hill Education.
