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SOLUTIONS MANUAL

Part 1 Criminal Law and the Criminal Justice System Chapter System

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

Chapter

2: Constitutional Limitations on the Criminal Law

Chapter

3: Classification of Crimes and Basic Elements of Criminal Responsibility

Part 2 The Elements of Crime Chapter

4: Parties to a Crime

Chapter

5: Incomplete Crimes

Chapter

6: Defenses to Crimes

Chapter

7: Punishment and Sentencing

Part 3 Types of Crime Chapter

8: Criminal Homicide

Chapter

9: Crimes against Persons: Other Offenses

Part 4 Crimes Against Property Chapter

10: Crimes against Habitation

Chapter

11: Crimes against Property

Part 5 Crimes Against the Community and Institutions Chapter

12: White-Collar Crimes

Chapter

13: Crimes against Public Order, Safety, and Morality

Chapter

14: Drug- and Alcohol-Related Crimes

Chapter

15: Crimes against the Administration of Justice

Chapter

16: Organized Crime, Gangs, and Terrorism

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. 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 recognize that Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

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. 

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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.

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.  Civil law deals with matters that are considered to be private concerns between individuals. It includes laws dealing with personal injury, contracts, and property, as well as administrative law. A violation of civil law is called a tort. II. Criminal Law in the United States The American and French revolutions stimulated a legislative movement in the area of criminal Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

law. Of special concern was the severity of the criminal law: By 1800, more than 100 different kinds of offenses were punishable by death under English law. A. Purpose of the Criminal Law The underlying purpose of the criminal law is to prevent and control crime.  Substantive criminal law consists of those laws, mostly statutory, that define what constitutes criminal conduct subject to prosecution by the state and set forth the punishment for such criminal acts.  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 substantive law.  A crime has been committed when the following elements are present:  A willful unlawful act, the actus reus.  A guilty mind, the mens rea. The guilty mind element does not require intent to violate the law, but rather the intent to commit the act that the law prohibits.  A concurrence of act and intent.  The occurrence of harm to a person, property, or society.  A causal relationship between the criminal act and the harm. B. Statutory Criminal Law The development of the common law of crimes that began in eleventh-century England continues to a smaller degree today, because some nonstatutory crimes are still recognized in some jurisdictions. Otherwise, the criminal law develops and is redefined by legislative enactment, often in response to societal pressures. C. The Principle of Legality Another reason for the decline of judicially created criminal law definitions is the principle of legality, which is a core concept of the American system of criminal justice. Under this principle, no one can be punished for an act that was not defined as criminal before the person did the act. D. Contemporary Applications of Common Law Many states have abolished common law crimes, relying exclusively on statutory or code definitions. Even though the common law is but an antecedent to today‘s modern statutory criminal law in most jurisdictions, the common law definitions of crimes continue to play a role in understanding the criminal law. Copyright © 2018 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The MPC (Model Penal Code) is a comprehensive recodification of the principles of criminal responsibility, drafted in reliance upon existing sources of the criminal law including codes, judicial opinions, and scholarly commentary. Though not adopted in any state, it has affected a reform of the criminal law in a majority of states and it stands as a model for the reform of principles of American criminal responsibility. 6.

Describe the fundamental structure of the American criminal justice system. The fundamental structure of the American criminal justice system consists of law enforcement agencies, prosecution and defense attorneys, courts, and correctional institutions and agencies. Moreover, the organization of American government is based on the principle of federalism, which holds that power resides in the states unless expressly granted to the federal government. For this reason, the criminal justice system operates in 51 arenas: the 50 state governments and the federal government (which includes the District of Columbia).

Name the four basic police functions. The four basic police functions are prevention, investigation, detection, and court preparation. The prevention function is carried out by low-ranking officers assigned to cruise an area and watch for criminal activity. The investigation function is carried out at all levels and involves everything from gathering data at the crime scene to presenting suspects to victims during lineups. The detective function is usually performed by specialized squads consisting of older, more experienced, and higher-ranking officers. The court preparation function involves testifying at hearings and trial and presenting the evidence in an effort to convict the perpetrator.

State what is required for a law enforcement officer to arrest a suspect. In the case of felonies, a law enforcement officer must have probable cause to believe that a person has committed a crime before he or she may arrest the suspect. In the case of misdemeanors, an officer can arrest only for offenses committed in the officer‘s presence.

State the purpose of a preliminary hearing. The purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged. Since many cases do not go to trial because of plea bargaining, this is often the only chance that officers have to offer testimony and present evidence against the accused.

10. Describe the two alternative methods for charging serious crimes. Felonies are charged by either an indictment or an information. An indictment is issued by a grand jury, which is a panel of citizens that decides whether to charge crimes in the cases presented to them (or investigated by them). An information, which is a piece of paper on which the charge appears, is filed and signed by the prosecutor. 11. List the three possible bases for a defendant’s pretrial motion to dismiss. The three possible bases for a defendant‘s pretrial motion to dismiss are as follows:  The crime charged is not a violation of the jurisdiction‘s law.  The facts asserted in the indictment or information, even if true, do not constitute the crime charged.  No reasonable jury could find the facts alleged on the basis of the evidence given at the preliminary hearing. 12. State the four possible grounds for appeal of a criminal conviction. The four possible grounds for appeal of a criminal conviction are as follows:  The charge on which the accused was convicted is not a crime, either because the legislature did not proscribe the conduct or because the proscription is unconstitutional.  The evidence was insufficient to support a finding of fact on all the elements of the crime beyond a reasonable doubt.  Not all of the necessary elements of the crime were alleged.  The jury was improperly instructed. 13. State when a defendant is entitled to an attorney at trial. A defendant who may be sentenced to more than six months in jail or prison is entitled to an attorney whether or not he or she can afford one. (Those who cannot afford an attorney will have one appointed by the court.)

Homework Assignments 1.

Prosecution You are a prosecutor closing a case against a man charged with murdering his wife. Although the defendant claims to be a recovered alcoholic, you have the option of bringing