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Criminal Justice - Criminal Law

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    Study Guide Criminal Jus Ɵ ce – Criminal Law 1. Sources of Criminal Law Criminal law is the part of the legal system that deals with crimes. It explains what actions are considered crimes, how police can investigate them, how trials are conducted, and what punishments offenders may receive. But where do these laws come from? Criminal law has several important sources, each playing a different role in the justice system. 1.1 Common Law One major source of criminal law is common law , also called judge - made law . Common law began in England during the twelfth century. At that time, judges did not rely on written laws. Instead, they created rules by deciding cases and determining which actions deserved punishment. Through their decisions, judges defined serious offenses — such as murder, rape, arson, and burglary — as crimes against the state. Over many years, these decisions formed a body of unwritten laws and customs. This system of law later became the foundation of the legal system used in the American colonies. 1.2 The Law of Precedent A key feature of common law is the law of precedent . This means that once a court decides a legal issue, other courts must follow that decision in future cases with similar facts. This idea is closely linked to the principle of stare decisis , a Latin phrase meaning “to let the decision stand.” Stare decisis helps courts stay consistent in their rulings and promotes fairness by ensuring that similar cases are treated in similar ways. 1.3 Cons Ɵ tu Ɵ ons Another major source of criminal law is the Constitution . The U.S. Constitution is the highest law in the country. Article VI clearly states that the Constitution is the “supreme Law of the Land.”

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    Study Guide If any law — whether federal, state, or local — conflicts with the Constitution, the U.S. Supreme Court has the power to declare that law unconstitutional and strike it down. Each state also has its own constitution. All state and local laws must follow that constitution, just as state constitutions must follow the U.S. Constitution. 1.4 Statutes and Ordinances Most criminal laws today come from statutes , which are laws passed by legislatures. Congress creates federal statutes, while state legislatures pass state statutes. Cities and towns also pass ordinances , which are local laws. Every state has a criminal code , which is a collection of written laws that define crimes and penalties. The federal government has its own criminal code as well. Crimes such as homicide, rape, robbery, burglary, and larceny are usually defined by statutes. Sometimes, state and federal laws overlap. For example, federal drug laws often work alongside state drug laws. These federal laws are designed to strengthen crime control, especially in areas where local law enforcement may struggle. 1.5 Administra Ɵ ve Rules with Criminal Penal Ɵ es Criminal law also comes from administrative agencies . These are government organizations that have the power to make and enforce rules. Their rules are often described as semilegislative or semijudicial because they combine law - making and law - enforcing roles. Agencies such as the Federal Trade Commission (FTC) , Internal Revenue Service (IRS) , and Environmental Protection Agency (EPA) create regulations, investigate violations, and impose penalties. These agencies handle crimes involving areas like securities fraud, income tax evasion, selling unsafe food, and dumping toxic waste. Violating their rules can lead to serious criminal penalties. 1.6 Appellate Court Decisions Finally, criminal law is shaped by appellate court decisions . When higher courts — such as state appellate courts or the U.S. Supreme Court — issue legal opinions, those decisions become case law .

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    Study Guide Case law often results from courts interpreting statutes or resolving legal questions that are not yet written into law. Once established, these decisions guide lower courts and become an important part of the criminal law system. 2. The Nature of Criminal Law To truly understand criminal law, it helps to know how it differs from other types of law. It is also important to understand the difference between substantive law and procedural law . These distinctions explain how crimes are defined and how the justice system operates. 2. 1 Criminal Law vs. Civil Law Not all laws deal with crimes. In fact, all law that is not criminal law is called civil law . Civil law covers disputes between individuals or organizations rather than offenses against the state. Civil law includes: • Tort law , which deals with private wrongs and compensation for harm • Property law , which concerns ownership and use of property • Contract law , which governs agreements between parties Criminal law is different because it involves actions considered harmful to society as a whole. As a result, criminal cases are handled separately from civil cases , even when both involve the same event. For example, a person may face criminal charges from the government and also be sued in civil court by a victim. Understanding this separation is important because criminal and civil cases follow different rules, have different goals, and can lead to different outcomes. 2. 2 Substan Ɵ ve Law and Procedural Law Criminal law has two main parts: substantive criminal law and criminal procedure . Each serves a distinct purpose.

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    Study Guide 2. 2 .1 Substan Ɵ ve Criminal Law Substantive law defines what behaviors are considered crimes and sets the penalties for those crimes. It answers questions like: • What actions are illegal? • What punishment applies to each offense? Laws dealing with crimes such as murder, rape, and robbery are examples of substantive law because they clearly define unlawful conduct and its consequences. 2. 2 .2 Procedural Law Procedural law explains how the government enforces criminal laws. It sets the rules the government must follow when accusing someone of a crime. Examples of procedural law include: • The right to a trial by jury • The right to legal counsel • The right to appeal a conviction • The right to confront and face one’s accusers These protections are part of due process , which ensures fairness in the criminal justice system. If the government violates procedural law — for example, by denying a defendant a fair trial — this can be a serious problem. Such violations may become grounds for an appeal and can even lead to a reversal of a criminal conviction .

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    Study Guide 2. 3 Why These Dis Ɵ nc Ɵ ons Ma Ʃ er Understanding the differences between criminal and civil law, as well as between substantive and procedural law, helps explain how justice is carried out. Together, these legal principles ensure that crimes are clearly defined and that individuals accused of crimes are treated fairly under the law. 3. Func Ɵ ons of Criminal Law Criminal law plays an important role in society. It is not just about punishing people who break the law. Instead, it serves several key functions that help society operate fairly, safely, and smoothly. 3.1 Maintaining Order One of the main purposes of criminal law is to maintain order . Laws give people clear rules about what behavior is acceptable and what is not. This predictability helps individuals know what to expect from others. Without criminal law, society would be filled with uncertainty and chaos. People would not know which actions are allowed, and everyday life would become unsafe and unpredictable. 3.2 Resolving Disputes Criminal law also helps resolve disputes . When conflicts arise between individuals, the legal system provides an organized and peaceful way to handle them. Instead of people taking matters into their own hands, the law allows grievances to be addressed through courts and legal procedures. This reduces violence and promotes fairness. 3.3 Protec Ɵ ng Individuals and Property Another key function of criminal law is to protect people and their property . Laws exist to guard citizens against criminals who might cause physical harm or take what does not belong to them. In a capitalist society like the United States, property is especially important. As a result, many criminal laws focus on punishing theft and other property - related crimes.

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