Test bank for essentials of criminal law 11th edition by chamelin

Test Bank for Essentials of Criminal Law 11th Edition by Chamelin
Full file at />CHAPTER 1
Historical Background of Criminal Law
Chapter 1 Multiple Choice
1. The fact that the U.S. Constitution has survived for over two hundred years and is capable of
being interpreted in light of contemporary needs, indicates that the Constitution is:
a. stable and rigid.
b. stable and flexible.
c. straight and narrow.
d. straight and rigid.
Answer: b
Page number: 2
Level: Basic
2. The determination as to whether a particular act is criminal or merely civil in nature is a
function of the:
a. legislative branch.
b. executive branch.
c. judicial branch.
d. governor.
Answer: a
Page number: 3
Level: Basic
3. Which of the following is a characteristic of a crime but not a tort?
a. Payment of damages
b. Private wrong
c. Prosecuted by the state in its own name
d. Instituted by wronged individual
Answer: c
Page number: 3
Level: Basic
4. Criminal law is an offspring of:

a. personal vendetta.
b. common law.
c. civil law.
d. the Code of Hammurabi.
Answer: a
Page number: 4
Level: Basic
5. Most modern legal systems are based on the:
a. doctrine of determinism.
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Test Bank for Essentials of Criminal Law 11th Edition by Chamelin
Full file at />b. “XYY” chromosome doctrine.
c. Lombrosean doctrine.
d. doctrine of responsibility.
Answer: d
Page number: 4
Level: Intermediate
6. The common law developed as a result of:
a. habits, customs, and legislation.
b. habits, legislation, and stare decisis.
c. statutes, rules, and legislation.
d habits, customs, and stare decisis.
Answer: d
Page number: 5
Level: Intermediate
7. Today in the U.S., even in states that have abolished the common law, the common law is still
used for:

a. definitions.
b. civil wrongs.
c. stare decisis.
d. corpus delicti.
Answer: a
Page number: 5
Level: Basic
8. An “eye for an eye” describes the theory of:
a. the Dark Ages.
b. modern-day punishment.
c. retributive justice.
d. the doctrine of responsibility.
Answer: c
Page number: 4
Level: Basic
Chapter 1 True-False
1. Law became necessary as a means of social control.
a. True
b. False
Answer: a
Page number: 1
Level: Basic
2. Enforcement of the law in early societies was usually handled informally by friends, family,
and neighbors, in both rural and urban settings.
a. True
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Test Bank for Essentials of Criminal Law 11th Edition by Chamelin

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Answer: b
Page number: 1
Level: Basic
3. A principal difference between a crime and a tort is that one causes imprisonment and the
other causes the payment of money.
a. True
b. False
Answer: a
Page number: 3
Level: Basic
4. Law is a group of rules/regulations governing relationships between people and between
people and their government.
a. True
b. False
Answer: a
Page number: 1
Level: Basic
5. The federal government does not have common law powers.
a. True
b. False
Answer: a
Page number: 6

Chapter 1 Fill in the Blank
1. The essence of law is _________.
Answer: language
Page number: 2
Level: Basic
2. Civil wrongs are commonly referred to as _________.

Answer: torts
Page number: 3
Level: Basic
3. A stable yet flexible document is a ____________________.
Answer: constitution
Page number: 2
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Test Bank for Essentials of Criminal Law 11th Edition by Chamelin
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4. The federal government has only enumerated __________.
Answer: powers
Page number: 6
Level: Basic

Chapter 1 Matching
Match the items in the first column with the proper description in the second column.
1. Enumerated powers
2. Stable yet flexible
3. Prosecuted by state in its own name
4. Individual paid money

a. Crime
b. Tort
c. Federal government
d. Constitution

1. * c

2. * d
3. * a
4. * b
Level: Intermediate

Chapter 1 Essay
1. Describe the role of stare decisis in the development of common law.
Answer:
• Common law began as customs and habits
• When courts developed, they began recording decisions
• Later judges looked to those earlier decisions for guidance
• That was the beginning of stare decisis
Page number: 5
Level: Intermediate
2. Distinguish between common law powers and enumerated powers.
Answer:
• States were free to adopt the common law as the early settlers did
• Since then some states have gone entirely to statutory authority
• The federal government, when formed by the U.S. Constitution, has only those
powers given to it by the states and the people

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Test Bank for Essentials of Criminal Law 11th Edition by Chamelin
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Thus, the federal government has only those enumerated powers contained in the
Constitution

Page number: 5-6
Level: Basic
3. Distinguish between crimes and torts.
Answer:
• Crime: public wrong; prosecuted by state in its own name; punished by fine,
imprisonment, or death; punishment is prescribed
• Tort: private wrong; action instituted by wrong individual, normally ordered to
pay monetary damages to injured party but not in any set amount
Page number: 3
Level: Basic
4. Describe the significance of the doctrine of responsibility to our legal system.
Answer:
• People act of their own free will
• Therefore, the law holds people accountable for their actions
• That is the essence of the doctrine of responsibility
Page number: 4
Level: Intermediate

Chapter 1 Questions for Discussion
Below are suggested answers to the Questions for Discussion found in the text.
1. The offense John committed cannot be successfully prosecuted in a federal court, for the
federal judiciary is without power to prosecute common law offenses. The federal courts
can only adjudicate criminal offenses enacted by Congress because the federal
government is one of enumerated powers rather than common law powers. The second
portion of the question regarding the possibility of prosecuting the offense in a state court
will, of course, vary from state to state. In states that have retained the common law
either expressly or by implication, John’s offense could be prosecuted. However, in states
that have abrogated the common law either expressly or by implication, and have made
all offenses statutory, John could not be successfully prosecuted.
2. Common law has had a great impact on the United States. It was the basic legal system

brought to the country by the colonists and it was the predominant legal system for some
time in this country In most states that have retained common law, it is essential to
understand the impact of common law on the law on those states and of the possibility of
prosecuting a criminal offense not found in the statute books. Even in those states that
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Test Bank for Essentials of Criminal Law 11th Edition by Chamelin
Full file at />have abrogated the common law, it is often essential to refer to common law for
definitions and needed elements to prove a particular crime.
3. The Constitution, the basic governing document of the United States, was written in the
1700s by people who could not possibly foresee the problems and complexities of the 21st
century. Yet that document has remained operative for 200 years. This is so because the
Constitution is stable in that it contains broad principles of law governing the manner in
which the federal government may operate to successfully keep us a united nation, and
yet it is broadly worded so that, through the judicial and legislative processes, it can be
interpreted in light of the needs of contemporary society. This is what is meant by the
statement that the Constitution must be “stable yet flexible.”
4. The concept of “responsibility” refers to accounting for the reasons people violate the
law. It concerns itself with the fundamental premise that each person is presumed to act
of his/her own free will. If an individual commits a prohibited act and does so with free
will, the person may be held accountable/responsible for crimes committed. Conversely,
if some factor in the make-up of the human psyche or some factor in the relationship of
one person to another causes a person to commit a prohibited act without the exercise of
free will, the person will not be held criminally liable for the conduct.

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