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TEST BANK
Chapter 1
An Introduction to Criminal Law
Multiple Choice
1. Which of the following is not true about the distinction between civil and criminal law?
a. The purpose of civil law is to compensate victims who have been injured by the actions
of others.
b. The purpose of criminal law is to discourage behavior that society has deemed to be
undesirable.
c. The purpose of civil law is to imprison wrongdoers.
d. Criminal cases are brought by the state.
2. Which of the following is true about civil cases and criminal cases?
a. Civil cases must be proven beyond a reasonable doubt.
b. Criminal cases are not brought by the state.
c. A civil case can be based on the same facts as a criminal case.
d. All of the above are true statements.
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duplicated, or posted to a publicly accessible website, in whole or in part.
9. The power of a court to make rulings and enter judgments in specific categories of cases is
a. venue.
b. jurisprudence.
c. jurisdiction.
d. ordinance.
10. When the president vetoes legislation proposed by Congress, this is an example of
a. separation of powers.
b. judicial function.
c. checks and balances.
d. separation of church and state.
True/False
1. The Fourth Amendment governs arrests.
2. An arrest must be supported by probable cause.
3. In some states, a citizen has the power to detain a person who has committed a crime.
4. A police officer must physically touch a person before he or she is considered under arrest.
5. A person is under arrest when he or she believes that an arrest has occurred.
6. The degree of proof needed for probable cause is the same as required to prove a person
guilty of the crime.
10. An officer has a search warrant authorizing seizure of narcotics, but during the search he
finds evidence of another crime. He is permitted to seize it, even though it is not mentioned
in the search warrant.
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or
duplicated, or posted to a publicly accessible website, in whole or in part.
Criminal Law and Procedure for the Paralegal 2nd Edition Bevans Test Bank
3. ANS: B
4. ANS: D
5. ANS: C
6. ANS: C
7. ANS: A
8. ANS: D
9. ANS: C
10. ANS: C
True/False
1. ANS: True
2. ANS: True
3. ANS: True
4. ANS: False
5. ANS: False
6. ANS: False
7. ANS: False
8. ANS: True
9. ANS: True
© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or
duplicated, or posted to a publicly accessible website, in whole or in part.
1. It must also be added that the text has been handled somewhat freely, and
many passages eliminated, not because they were in themselves objectionable, but
because they added nothing important to the narrative, and fell intolerably flat in
translation.
2. The first to recognise the importance of Dar es Salam harbour was Sayyid
Majid, Sultan of Zanzibar, who determined to erect a residence there and divert the
trade of the interior to it. The town was laid out on a large scale, and buildings
begun, when the Sultan’s death in 1870 put an end to the operations. His
successor, Sayyid Barghash, disliked the place, and the unfinished town was
allowed to fall into ruins.—See the description in Thomson, To the Central African
Lakes and Back, vol. i, pp. 71–75.—[Tr.]
3. Published in English as The World’s History (4 vols., London, 1901) with
introduction by Professor Bryce.
4. This song is a mixture of Nyamwezi, Swahili and corrupt Arabic; the last
three words being intended for Bismillahi yu (= he is) akbar.
5. “Discussion”—but it is an elastic term, corresponding in most if not all, of its
many meanings to the Chinyanja mlandu, the Zulu indaba and the “palaver” of the
West Coast.—[Tr.]
6. The U.M.C.A. (Universities’ Mission to Central Africa). Masasi Station was
founded in 1876 by Bishop Steere and the Rev. W. P. Johnson (now Archdeacon of
Nyasa).—[Tr.]
7. Canon Porter went out to Africa in 1880.
8. This is more intelligible if we remember the shape of the native razor, which
is usually about five or six inches long, with the cutting end like a spatula and
tapering back into a stalk-like handle, the end of which could easily be sharpened
as an awl.
9. Mr. J. T. Last says that some of the Makua women, “in addition to the
pelele, wear a brass or iron nail from four to seven inches in length ... passed
through a hole in the lower lip and left hanging in front of the chin. When a lady
cannot afford a metal ornament of the sort, she utilizes a piece of stick which she
covers with beads.”
10. This is not pure D natural, but a sound between D sharp and D natural,
though nearer the latter.
11. Zur Oberflächengestaltung und Geologie Deutsch-Ostafrikas, Berlin,
1900.
12. Ancient and Modern Methods of Arrow Release.
13. “Off you go!”
14. Dr. Weule translates this as “He works for the European,” but it is more
accurately rendered “Foreign work,” or “work in” (or “of”) “Europe”—or foreign
countries generally.
15. This expression (Naturvölker) was adopted by F. Ratzel in preference to
the vague and misleading term “savages.” It rests on the definition of civilization as
a process whereby man renders himself, in an ever-increasing degree, independent
of nature. The usual English equivalent, “primitive peoples,” is somewhat lacking
in precision.—[Tr.]
16. 100 to the rupee.
17. Chingulungulu is a Yao word, meaning the turquoise blue beads which
have always been a staple article of trade since the days of the ancient Egyptians.
18. The “phenomenon” can scarcely be considered surprising, in view of Dr.
Weule’s previous remarks (see p. 52), and his subsequent confession of the
difficulty he experienced in keeping his carriers out of mischief at Chingulungulu.
It is not apparent from the narrative whether it occurred to him to inquire into
their behaviour at Masasi. They need not be set down as reprobates beyond all
other wapagazi. The carrier expects to work hard on the march, and to rest and
enjoy himself with his family about him in his own village, also to have some sort
of a spree, in reason, when paid off on the Coast, in the interval between two
journeys. But a lengthened period of inaction, in the middle of a safari, and in a
strange country, is something quite outside his scheme of life, and it is no wonder
if he gets demoralized.
19. “Bad insects!”
20. A species of alcohol expressly designed for native consumption, and more
especially as a present to chiefs and headmen. Dr. Weule refers to it again later on,
but gives no particulars as to its chemical constitution.—[Tr.]
21. This is surely a mistake, unless the word “blush” is only to be used of
turning red. Natives certainly change colour under stress of emotion.—[Tr.]
22. This must be taken with some reservations. Even in 1862, when
Livingstone ascended the Rovuma for the first time, he repeatedly found villages
deserted for fear of the slavers, whose main route from Kilwa to Nyasa crossed the
Rovuma above Kichokomane. Matters seem to have become worse in this respect
by 1866. See Livingstone’s Last Journals, Vol. I, pp. 24, 37, 39, 41 and elsewhere.
The Mazitu (Wangoni) had already become a terror by the latter date. Ib., p. 43,
etc.—[Tr.]
23. Joseph Thomson made the same remark with regard to the Mahenge
somewhat further north.—See To the Central African Lakes and Back, Vol. I, p.
188.—[Tr.]
24. A well-known German humorist, one of the principal contributors to
Fliegende Blätter.
25. This is the Matola who welcomed the U.M.C.A. missionaries to Newala, in
1877, and of whom the late Bishop Maples said: “He is without exception the most
intelligent and the most pleasing African I know. He has many excellent qualities,
and withal an amount of energy that is rare in that part of the world. He has a fund
of information about the people, the country, and the languages, of which he can
speak six.” Matola died at Newala in October, 1895.—[Tr.]
26. The accents are reproduced from Dr. Weule’s transcript. The accent never
in Yao falls on the last syllable but sometimes, in singing, the accent appears to be
displaced, or possibly the rising intonation has been confused with the accent.—
[Tr.]
27. A subsequent passage in which almost the same description is given must
be taken with the above as somewhat qualifying it. It must be admitted that Dr.
Weule’s statements, as they stand here, are certainly misleading, and convey an
exaggerated impression of universal neglect and misery among African babies. It is
true that there is much to be done, by women missionaries and others, in the way
of inculcating sound hygienic principles (though not more, perhaps, than in
London!)—but the appalling state of things described is by no means universal,
and it must be remembered that the tribes of the Makonde plateau had been
harassed by slavers and hunted from place to place even beyond the wont of
Africans in general.—[Tr.]
28. This crowing serpent is well known by hearsay throughout Nyasaland. It is
said to have a red crest and to have “killed very many people in the Angoni
country” (Scott’s Dictionary, s.v., Kasongo). The natives who told me about it had
never seen it themselves, but had heard about it from hunters; they described its
habit of darting down from trees, and added that the said hunters circumvented it
by making the foremost man of the party carry a pot full of fire (others say very hot
gruel or scalding bran-mash) on his head, into which the snake descends and
perishes. The Anyanja say ingolira koh—“It cries koh!” (they render the sound of a
cock’s crow as kokololiko). Mr. Richard Crawshay assured me that the songo was a
real and not a mythical snake; he had killed one—but it had no red crest, and he
had not heard its voice. The late Bishop Maples, however, did, on one occasion,
hear a “large snake with a serrated comb” crow like a cock while travelling between
Masasi and the Rovuma in 1877.—[Tr.]
29. Apparently the same word as the Chinyanja chindapi, meaning either a
proverb, a short story, or a riddle. The Rev. H. B. Barnes says that in a “riddle
contest” the propounder of the enigma says “Chindapi!” and the rest of the
company “Chijija” (let it come!) Similar formulas appear to be in use throughout
Bantu Africa.—[Tr.]
30. Both words mean “this,” but are of different classes. “Ichi, ichi” (this, this),
is a similar riddle recorded at Blantyre, to which the answer is “a shadow.” In fact,
I am indebted to Dr. Weule for the explanation, having (no doubt through failing to
notice the accompanying gestures) abandoned it as a hopeless puzzle.—[Tr.]
31. This riddle also I obtained at Blantyre, in the Chinyanja language, but from
a Yao girl, thus: “Ambuye naona alikwenda m’njira natenga ufa” (“I saw my
master walking on the road and he was carrying flour”).—[Tr.]
32. This is given, in a slightly different form, in Bishop Steere’s Collections for
a Handbook of the Yao language (p. 105): “Apitako tusimanako” (“Where they
pass, where we meet”).—[Tr.]
32a. This form shows that the name is really Nsulila, though the n is often not
heard, and may be really dropped, in speaking.—[Tr.]
33. This is not necessarily implied by the use of Che or Ku. Every Yao uses
these prefixes of himself and his neighbours; even small children are Kuluponje or
Chendilijika, etc.—[Tr.]
34. One would expect chilwele chachijinji, but possibly there is some mistake
in transcription.—[Tr.]
35. The old custom of the Yaos (at any rate in the case of a chief) is to bury the
dead man inside his hut (or where he has several, in that of his principal wife),
which is then closed, and allowed to decay. Lengths of calico (the quantity being
proportioned to the wealth of the deceased) are draped over the roof and left there.
Perhaps the building of a house over the grave, which appears to be done
sometimes near Lake Nyasa, is a later modification of this custom.—[Tr.]
36. Die Herabkunft des Feuers und des Göttertrankes. Ein Beitrag zur
vergleichenden Mythologie der Indo-Germanen. Berlin, 1859.
37. To prevent complications, this prohibition applies to friendly tribes as well
as to the late rebels.
38. See Last Journals, vol. i, chapters i-iii.—[Tr.]
39. Query “a hoe”? The shovel is not a native implement.—[Tr.]
40. More correctly in Yao, Jua Michila = “(he) of the tails.” The Rev. Duff
Macdonald says that he is called “the rattler of the tails,” juakuchimula michila.
Tails of animals are supposed to have great efficacy in magic, and usually belong to
a witch-doctor’s outfit, either forming part of his costume or carried in his hand.—
[Tr.]
41. The Makua word corresponding to ngoma.—[Tr.]
42. This Nyanja word, here used for convenience sake, means the “village
green,” or “forum,” where the affairs of the community are discussed, and all
public transactions take place.—[Tr.]
43. This action is called ku luluta both in Yao and in Nyanja. The Rev. H. B.
Barnes explains the word, in the latter language, as “to say lu-lu-lu-lu indefinitely.
The women do this as a sign of rejoicing; the sound is produced by moving the
tongue quickly from side to side with the mouth a little open, and very often the
hand is alternately clapped to the lips and taken away rapidly.” The cry itself is
called in Nyanja ntungululu. It seems to be universal (under various names)
among African women.—[Tr.]
44. Surely this name, if not the figure itself, must be of Muslim origin?—[Tr.]
45. Called in Chinganja chitedzi; it is the plant known as “cowage.”—[Tr.]
46. These are a small kind of turnip, the size of a large radish, grown at and
near Teltow, a Prussian town on the line between Berlin and Potsdam.—[Tr.]
47. The Persians who had settled at Lamu in the tenth century.—[Tr.]
48. It has sometimes been thought that the Ma in “Makua” and “Makonde” is
a prefix, as in “Matabele,” “Mashona,” etc. It appears, however, to be an integral
part of the word, and the correct plural is therefore Wamakua, Wamakonde.—
[Tr.]
49. The author seems to have overlooked the fact that the “short, woolly crop”
is the result of regular shaving. The shock heads of, e.g., the Alolo (Alomwe) or
other “bush people” strike the eye at once among the Yaos or Anyanja, and these
people (who are a branch of the Makua) frequently wear the hair twisted into long
strings. The sentence about washing, as it stands, is somewhat too sweeping. It
only applies to districts where water is scarce—as, indeed, appears from other
passages in the book.—[Tr.]
50. “This kind of lock and key,” says the late Rev. D. C. Scott (Cyclopædic
Dictionary of the Mang’anja Language, s.v., mfungulo), “is common among the
Ambo branch of the Mang’anja” (living between the Ruo junction and the sea),
“and is a wooden key about a foot long, with three teeth; it is passed in between the
wall-post and upright door-stick (kapambi) inside, and the teeth fit into notches
and lift the bolts; only the Ambo can make them and they lock their door thus
behind them, carrying the key with them when they go to any short distance from
their house.” (See also svv. Funga and Mtengo: “mitengo ya Ambo, the Ambos’
stick keys.”) The ordinary method of fastening the door (chitseko) is by cross-bars,
slipped in between the door and the side posts. The following passage from Mr.
Charles Doughty’s Travels in Arabia Deserta seems to show that this Ambo form
of lock and key must have been borrowed, directly or indirectly, from the Arab
settlers on the coast—doubtless at a remote period, as it seems to be no longer in
use among the latter. “The fastening, as in all Arabic places, is a wooden lock; the
bolt is detained by little pegs falling from above into apposite holes, the key is a
wooden stele, some have them of metal, with teeth to match the holes of the lock,
the key put in under, you strike up the pegs and the slot may be withdrawn” (Vol. I,
p. 143).—[Tr.]
51. Both Yaos and Anyanja carry sheath-knives, either stuck in the waist-cloth
or hung to a cross-belt passing over the right shoulder, or (if of small size) on a
string round the neck or left arm.—[Tr.]
52. The reference is to p. 315 where the chimbandi ceremony (observed when
a young wife is expecting her first child) is described. Dr. Weule does not mention
the fact of bark-cloth being worn by the girls at the unyago mysteries he has
previously described—indeed, he says expressly that, at Nuchi (p. 231, and
apparently also at Akuchikomu’s, p. 222) they were dressed in new, bright-
coloured calicoes. But he appears to have witnessed only the closing ceremony.
Usually, if not always, bark-cloth is worn during the weeks spent in the bush. This
was certainly the case among the Yaos of the Shire Highlands, fourteen or fifteen
years ago, and probably is so still. “The unyago [at one of the Ndirande villages
near Blantyre] was just over, and [two of the missionaries] met the girls coming
away from it all freshly anointed and dripping with oil. They found the masasa
(booths or huts) built round three sides of a square, divided into little
compartments, where the girls sleep. They are not allowed outside the place till the
thing is over, and they wear bark-cloth. In the middle of the square were traces of
pots having been made, and ufa (flour) pounded.... The girls go through symbolic
performances of all their married duties,—pretend to sow maize, hoe it, gather it,
bring it home, etc.—pounding, sweeping, fetching water, cooking, making pots,
etc., are all gone through.”—(MS. note, September 26th and 27th, 1894.)—[Tr.]
53. A native is not likely to tell a stranger, above all a European, the names by
which he is known at home. The name by which he is known to his employer is
therefore most probably a nickname, or one assumed by himself for the occasion.—
[Tr.]
54. It is not always easy to draw the line between games and dances; but there
is certainly no lack of the former. Particulars of games played by a number of
children are given in Scott, Cyclopædic Dictionary of the Mang’anja Language,
s.vv. Masewero and Sewera.—[Tr.]
55. In Chinyanja, Nguli or Nanguli.—[Tr.]
56. This is evidently the one called Nsikwa in Chinyanja. See Scott,
Cyclopædic Dictionary of the Mang’anja Language, p. 465: “A small top made of a
round piece of gourd-shell with a spindle of cane through the middle.” A game is
played with the Nsikwa in which the players take sides, and spin their tops so as to
knock down bits of maize-cob set up by their adversaries.—[Tr.]
57. The articles figured look like bull-roarers, which no doubt might be put to
the use indicated, by a native who had seen the telephone at Lindi. But we take
leave to doubt their being originally made for such a purpose.—Tr.
58. The Rev. Dr. Hetherwick says that masange is “a game played by children
in which they build mimic houses and act as grown-up people.” [Tr.]
59. The author seems to be mistaken in the distinction drawn between the
ngosyo and the “groups.” See note at end of chapter. [Tr.]
60. Miraji, plural of mlaji, a form interchangeable with mlasi. [Tr.]
61. Rice in Makua is mvuka or moka; the word in the text may be a corrupt
form intermediate between this and the Yao mpunga.
62. See, inter alia, Mr. R. T. Dennett’s At the Back of the Black Man’s Mind,
pp. 38, 68–70. [Tr.]
63. The same thing is done by Mang’anja girls on the Shire, in order to make
them articulate clearly. The pebbles used for the purpose are taken from the
stomachs of crocodiles, which sometimes contain enough to fill a bucket. (MS. note
made at Blantyre, August 30th, 1894.)—[Tr.]
64. See note at end of chapter.—[Tr.]
65. The latter spelling is intended to represent the Makua version of the
English pronunciation of Anastasius.—[Tr.]
66. Discovered by Consul O’Neill in 1882.—[Tr.]
67. The late Dr. Elmslie computed that this crossing must have taken place in
1825, as Ngoni tradition states that an eclipse (during which the chief Mombera,
who died in 1892, was prematurely born) occurred at the time.—[Tr.]
68. This may be a mistake for chikolongwe, which is the correct form of the
word in Yao—or it may be a Makonde word. Chitopole, in Yao (see Dr.
Hetherwick’s Handbook) means “the crescent-shaped tribal mark of the
Walomwe” (a division of the Makua). This is quite sufficiently like the curved
spring of the trap in the illustration on p. 98, if the latter were turned round with
the opening downwards. Probably the Yaos only know the word as applied to the
keloid pattern, having learned it from the Makua, in whose language no doubt it
originally had the sense attributed to it by Dr. Weule.—[Tr.]
69. We cannot help thinking that Dr. Weule must be mistaken in supposing
this game to be borrowed from a European source. The late Commander Cameron,
at Kasongo in 1874, saw a slave of the Arab, Juma Merikani, “exhibiting tricks ...
with a piece of heavy, hard wood shaped like an hour-glass, and two sticks each a
foot in length. Taking a stick in each hand, he could make the wood rotate rapidly
and run backwards and forwards ... between the sticks, on a piece of string
attached to their ends; then, by a peculiar jerk, he would send the wood flying up
into the air, higher than a cricket-ball could be thrown, and catching it on the
string, would again set it rolling” (Across Africa, II, 91). At this time, diabolo, of
course, was quite unknown in Europe, though it had been a fashionable game in
the early part of last century. A writer in the Bulletin de la Société Belge des Etudes
Coloniales (December, 1908), in a notice of Dr. Weule’s book, after quoting the
above passage from Cameron, refers to a description of the game (under the name
of Le Diable), from a work entitled Les Amusements de la Campagne (Paris,
1826). It was believed to have originated in China.—[Tr.]
70. This was probably not accidental, as the Wayao always bury their dead
with the knees drawn up. See Macdonald, Africana, i, 103.—[Tr.]
TRANSCRIBER’S NOTES
1. Silently corrected obvious typographical errors and
variations in spelling.
2. Retained archaic, non-standard, and uncertain spellings
as printed.
3. Re-indexed footnotes using numbers and collected
together at the end of the last chapter.
*** END OF THE PROJECT GUTENBERG EBOOK NATIVE LIFE IN
EAST AFRICA ***
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