Chapter 1: History, Nature & Purpose of Criminal Law

Question 1

The Study of Criminal Law is a Study of…

Answer 1

1. Crimes
2. Moral Principles
3. Common Law

Question 2

Norm

Answer 2

Are agreed upon expectations that are common and basic within the fabric of a society.

Question 3

More

Answer 3

These are norms relating to morality, also rules that govern serious violations of the social code of a particular community.

Question 4

Folkways

Answer 4

Norms that govern everyday behavior = customs

Question 5

Laws

Answer 5

A formal body of rules enacted and enforced by a government

Question 6

Informal Sanctions

Answer 6

Used by most people on an everyday basis to right common, minor violations of our norms

Question 7

Formal Sanctions

Answer 7

Used for serious violations of our norms in situations that people cannot handle themselves = the government and criminal law

Question 8

Criminal Law Definition

Answer 8

The set of regulations and rules that defines and specifies offenses that are public in nature as well as crimes committed against the state (government) or society

Question 9

Our Definition of a Crime

Answer 9

An act prohibited or an omission required by law

Question 10

Natural Law

Answer 10

Rules of conduct that are part of human nature and are found within the natural order. These are behaviors resulting from human reason, inspiration and intuition.

Question 11

Positive Law

Answer 11

Law that is legislated and enforced by a government.

Question 12

Common Law

Answer 12

Common law is law that originates from customs and use as opposed to law that is legislated and written.

Common law refers to traditions, precedents and customs that assist judges when making legal decisions.

Question 13

Tort

Answer 13

A civil wrong for which a remedy may be obtained, usually in the form of damages

Question 14

Tortfeasor

Answer 14

A person accused of committing a civil wrong

Question 15

Another name for tort law

Answer 15

civil law

Question 16

Substantive Criminal Law

Answer 16

Defines crimes and specifies punishment

Question 17

Procedural Criminal Law

Answer 17

Defines the processes that may be used by police officers, state’s attorneys, victims and courts to investigate and adjudicate criminal cases. Procedural criminal law are the rules by which the game is played.

Question 18

Felony

Answer 18

The most serious crimes which are punishable by death or a year or more of incarceration.

Question 19

Misdemeanor

Answer 19

A less serious crime punishable by up to one year of incarceration.

Question 20

Infraction

Answer 20

A violation of a local ordinance or a state statute that is punishable by a fine.

Question 21

Mala in Se

Answer 21

Acts that are regarded, by convention and tradition, as wrong in themselves.

Question 22

Mala Prohibita

Answer 22

Acts that are considered to be wrong because there is a law against them.

Question 23

Four Modern Crime Classifications

Answer 23

1. Crimes Against Persons
2. Crimes Against Property
3. Public Order Offenses
4. Moral Offenses

Question 24

Specific Purposes of Criminal Law

Answer 24

To protect society, individuals and property

To maintain public order

To protect the rule of law and justice

To deter people from committing crimes

To protect the rights of citizens

To punish criminal offenders

To assist victims of crimes

Question 25

Sources of Criminal Law

Answer 25

1. Constitutions
2. Statutes
3. Court Decisions
4. Administrative Regulations

Question 26

Reasons for Designating Certain Acts as Crimes

Answer 26

1. To safeguard the public from violence
2. To protect property rights
3. To preserve public order
4. To sustain public health
5. To safeguard our public morality
6. To protect our privacy rights

Question 27

Reasons for NOT Designating Certain Acts as Crimes

Answer 27

1. Constitutional protections for the acts.
2. Inability of the state to control the acts.
3. Political considerations
4. Little or no demand by influential groups
5. Unfavorable economic conditions

Question 28

Stare Decisis

Answer 28

The literal translation for this Latin term is “to stand by things decided” or “let the decision stand”.

Question 29

Rule of Law

Answer 29

To follow the idea of the rule of law, no person should be above the law and those persons who are entrusted to enforce the law must also obey it.

Question 30

Jurisdiction

Answer 30

Jurisdiction is the subject matter or geographical area that the authority of a governmental entity, in particular a court, covers.

Question 31

Branches of government

Answer 31

Legislative —> Makes the law
Executive —> Enforces the law
Judicial —> Interprets the law

Question 32

Match the violation to the proper category

Answer 32

Burping really loud at the dinner table —> Folkway
Going to church naked —> More
Shoplifting —> Law
Violating someones personal space —> Norm

Question 33

According to the Natural Law video above: Life, Reproduction, Educating One’s Offspring, Seek God, Live in Society, Avoid Offense and Shun Ignorance refers to ?

Answer 33

The Basic Goods

Question 34

According to the above video on Common Law, which of the following is NOT one of Blackstones Classifications of Law?

Answer 34

Misdemeanors

Question 35

The Latin phrase “Ubi Sub Ubi means?

Answer 35

Always wear under wear