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
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