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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.
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 2
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
• 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
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 3
recognize that 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
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 4
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.
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
https://www.stuvia.com/user/lectkeshi
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.
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 2
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
• 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
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 3
recognize that 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
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
, 4
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.
Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior
written consent of McGraw-Hill Education.
