Question 1

What is the difference between substantive criminal law and criminal procedure?

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Question 2

Why is the Model Penal Code significant?

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Question 3

What is criminal law?

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Question 4

Police powers enable the state to create legislation on any matter the police deem necessary.

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Police powers refer to the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants, but this does not grant them unlimited authority to legislate on any matter they deem necessary without regard to constitutional limitations and rights.

Question 5

Describe the origins and development of the English common law and its eventual transportation to the American colonies.

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Question 6

What is the purpose of criminal law?

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Question 7

What is the difference between mala in se and mala prohibita crimes? Provide one example for each.

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Question 8

Discuss the limitations that the U.S. Constitution places on criminal law.

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Question 9

Professors Jerome Hall and Wayne R. LaFave identify the basic principles that comprise the general part of criminal law. List and describe these parts of criminal law and explain their importance.

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Question 10

What is a crime?

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Question 11

Explain why the U.S. Constitution states that federal laws may not encroach upon state powers.

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Question 12

States possess broad police powers to legislate for public health safety and welfare of the residents of the state.

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States have inherent authority, known as police powers, to enact legislation aimed at preserving public health, safety, and welfare, which includes enacting laws on matters not specifically delegated to the federal government.

Question 13

What is the difference between criminal law and civil law?

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Question 14

What is considered a crime in one state will always be considered a crime in a neighboring state.

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Laws vary from state to state, meaning an act considered a crime in one state may not be illegal in a neighboring state.

Question 15

What is dual sovereignty? How can a defendant be prosecuted for the same act at both the state and federal levels? Use the Rodney King case to develop support for your answer.

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Question 16

List five of the seven sources of criminal law in the United States.

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Question 17

For each of the subject matter classifications, provide at least one example.

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Question 18

A judge has the discretion to issue a mere warning to a criminal defendant instead of requiring payment of a fine, as in the case of a misdemeanor, or a term of imprisonment, in the case of a felony.

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Judges often have discretion in sentencing, allowing them to consider various factors including the nature of the crime, the defendant's criminal history, and mitigating circumstances. This can include issuing a warning or other non-custodial sentences, especially for less severe crimes or first-time offenders.

Question 19

List the eight classification categories of crime according to their subject matter.

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Quiz 1: The Nature, Purpose, and Function of Criminal Law