Solution Manual for Criminal Law for the Criminal Justice Professional ISE Norman M. Garland

Solution Manual for Criminal Law for the Criminal Justice Professional ISE Norman M. Garland-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  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 2 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 citystates 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.