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

Why is the Model Penal Code significant?

______ are crimes subject to the death penalty or life in prison.

Common law does not continue to play a role in states' laws.

The sharing of power between the federal and state governments is referred to as ______.

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

The ______ compiles the criminal laws adopted by the United States Congress.

Tom works hard throughout the week and very much looks forward to his weekends. He thinks that his hard work earns him as many drinks as he wants. Last night, he went to a party and drank quite a bit and then decided to take a walk in the local park because he knew he was too intoxicated to drive. Despite it being 1 A.m. he was singing at the top of his lungs and local residents called the police to complain about his behavior. If he is found to have committed a crime it would likely be which of the following?

What is a crime?

It is constitutionally permissible to prosecute a defendant for the same act at both the state and federal levels as long as the criminal charges differ slightly.

Isaac has committed a felony. He has not yet gone to trial and is hoping to work out a plea bargain with the prosecution. While he is certain he faces jail time, he is hoping to ensure he does not have to serve more than a year because he has a wife and kids and cannot stand the thought of being away from them. Isaac is hoping to be charged with a ______.

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

Which common law crimes had been developed by the year 1600?

What is the difference between criminal law and civil law?

Legal action for civil wrongs is brought by individuals rather than ______.

All of the following are considered to bed basic principles that comprise the general part of criminal law EXCEPT ______.

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.

______ offenses are not "inherently evil" and only are considered wrong because they are prohibited by a statute.

______ allow a state to incorporate the common law as an unwritten part of the criminal law?

What is the purpose of criminal law?

The English common law is the foundation of American criminal law.