Answer to Question 1
A
Answer to Question 2
In general terms, the criminal arises as a result of either consensus or conflict. The consensus view holds that the criminal law reflects society's consensus that a behavior is harmful enough to merit government prohibition. Crimes like rape, murder, and robbery typically possess strong social consensus regarding their harmfulness/wrongfulness. On the other hand, there is the conflict view. This approach suggests that a behavior is criminalized not out of consensus, but only when it serves the interests of those in positions of power. Thus, the law is used as a tool to protect the personal interests and property of those running the government. Our book suggests that the laws about Jewish extermination and Japanese-American internment had no consensus behind them, but were only passed because they reflected the views of those in power.
Federal vs state law
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