Question 1

Criminal law is distinguished from all other law because

Accepted Answer

Criminal law specifically deals with acts that are considered harmful to society as a whole, and seeks to regulate and punish those acts. Other types of law, such as civil law, deal with disputes between individuals or entities and seek to provide resolution or compensation. Therefore, Option B is the best choice as it correctly states the unique nature of criminal law. Options A, C and D are incorrect as they either do not accurately reflect the distinction between criminal law and other types of law, or make statements that are not true.

Question 2

The U.S.Constitution does NOT explicitly enumerate __________ as a crime.

Accepted Answer

The U.S. Constitution explicitly enumerates counterfeiting, crimes committed on the high seas, and crimes against the law of nations as federal offenses, but it does not explicitly mention mail fraud as a crime.

Question 3

Although modern criminal law is essentially statutory,the role of the courts is still required because

Accepted Answer

Criminal statutes often contain general or vague language, which requires interpretation by judges when applied to specific cases. Therefore, the role of the courts is still necessary in the criminal justice system. While common law may still be used in certain cases, it is not the primary reason for the continued involvement of the courts. Sentencing guidelines are also typically included in criminal statutes, so D is not a correct choice.

Question 4

The _________ distinguishes criminal law from other law.

Accepted Answer

The imposition of punishment for violating criminal law distinguishes it from other law. While civil law may impose damages on the defendant, only criminal law allows for the imposition of punishment, such as incarceration or fines, for violating the law. The use of plaintiffs or prosecutors, the imposition of punitive damages payable to the plaintiff, and the lack of appropriate legal safeguards for defendants are not unique to criminal law but can also be found in civil law.

Question 5

__________ regularly refine and redefine the criminal law.

Accepted Answer

Congress and state legislatures are responsible for creating and amending criminal laws. They regularly evaluate and update the criminal law to reflect changes in society and to address emerging issues related to crime and justice. The executive and judicial branches also play a role in shaping criminal law through enforcement and interpretation, but they do not have the primary responsibility of refining or redefining the criminal law.

Question 6

Such penalties as payment of a large civil judgment or loss of a license to practice a profession constitute

Accepted Answer

Such penalties as payment of a large civil judgment or loss of a license to practice a profession constitute civil penalties, which are imposed in civil cases as a means of compensating harmed parties and deterring future wrongful conduct, as opposed to criminal penalties, which are imposed in criminal cases as punishment for violating criminal laws.

Question 7

The role of common law in today's modern criminal justice system

Accepted Answer

Common law, which is law developed by judges through decisions of courts and similar tribunals, is indeed a predecessor of today's statutory criminal law. Statutory law, which is written law passed by a body of legislature, has largely codified the criminal law that was once governed by common law. This means that many of the principles and offenses that were originally defined and developed through common law have been incorporated into or replaced by statutory law.

Question 8

Since the Civil War,federal criminal law has

Accepted Answer

The expansion of federal criminal law to overlap areas that were previously within the exclusive province of the states is a well-documented trend since the Civil War. This is evidenced by the creation of numerous federal crimes that cover areas such as interstate commerce, drug trafficking, and terrorism. These federal laws have increasingly come to supplement and sometimes replace state criminal laws, leading to a diminution of states' rights in criminal matters.

Question 9

Much of the reform of English and American criminal law was influenced by

Accepted Answer

Jeremy Bentham was a significant figure in the reform of English and American criminal law, advocating for utilitarian principles and influencing legal thought and reforms.

Question 10

One reason for the decline of judicially created criminal law definitions is the principle of ______,which is a core concept of the American system of criminal justice.

Accepted Answer

Legality is the principle that criminal law must be clear, specific, and predictable so that individuals can understand what is considered illegal conduct. This means that criminal law must be enacted through democratic processes by elected representatives rather than being created through judicial interpretation or common law principles. As a result, the decline of judicially created criminal law definitions can be attributed to the importance placed on the principle of legality in the American system of criminal justice.

Question 11

According to your text,the establishment of the American Law Institute was the result of

Accepted Answer

The answer of According to your text,the establishment of the...

Question 12

Generally,the criminal law seeks to sanction only those persons who voluntarily commit

Accepted Answer

Criminal law typically requires both an unlawful act (actus reus) and a guilty mental state (mens rea), without any valid excuse or justification, to hold someone criminally responsible.

Question 13

The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the

Accepted Answer

Bentham believed that the purpose of criminal law was to prevent social harm. Therefore, he proposed that crimes be classified and punished according to the amount of harm they caused to society. This led to his concept of the "greatest happiness principle," which held that the law should aim to maximize the overall happiness of society.

Question 14

The principal purpose of the criminal law is to

Accepted Answer

The principal purpose of criminal law is to prevent and control crime. This is done through creating laws that deter individuals from committing crimes and imposing punishments on those who do. While punishment is a component of the criminal justice system, it is not the only or primary purpose of criminal law. The aim is to maintain social order and protect individuals from harm.

Question 15

Procedural criminal law dictates the methods and the means by which the state proceeds,through the police,public administrators,and the courts,to enforce rights or duties of the

Accepted Answer

Procedural criminal law refers to the process of enforcing substantive criminal law. Substantive criminal law defines crimes and punishments for those crimes. Therefore, the correct answer is D - substantive law.

Question 16

All criminal law is ___________; that is,crimes are defined by the legislatures of the states and the federal government.

Accepted Answer

Criminal law is statutory, meaning that crimes are defined by the legislatures of the states and the federal government through written statutes. Common law refers to law that has developed through court decisions, while case law is a type of common law that specifically refers to legal precedents set by court cases. Discretionary does not accurately describe criminal law, as it does not involve the exercise of discretion by individuals.

Question 17

Many states' modern criminal laws are the codification of common law crimes and when there is a question of statutory meaning,courts

Accepted Answer

Courts often look to the common law definitions to help in interpreting the meaning of a statutory term, as the modern criminal laws are often based on the common law crimes.

Question 18

American law can be described by any of the following definitions except

Accepted Answer

While American law does include the ability to impose statutes upon those who commit crimes against Americans, this definition does not encapsulate the entirety of American law. American law includes a mix of common law (known decisions of the courts), legislative enactments (federal, state, or local), and administrative rules and regulations.

Question 19

__________ describes when a jury,having the power to acquit a criminal defendant,does so in complete disregard of the rules of law and facts before it.

Accepted Answer

This is the definition of jury nullification. It occurs when a jury decides to acquit a defendant even if they believe the defendant is guilty based on the evidence presented, but they disagree with the law or believe the punishment is unjust. They effectively "nullify" the law in that particular case.

Question 20

Many cultures do not make the distinction between secular (nonreligious)and __________ law that is so central to American culture.

Accepted Answer

Many cultures do not distinguish between secular and religious law, whereas American culture typically separates the two.

Quiz 1: Nature, Origins, Purposes, Structure, and Operation of the Criminal Justice System