Criminal Justice - Criminal Law - Quick Guides | Criminal Justice

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Study GuideCriminal JusƟce–Criminal Law1. Sources of Criminal LawCriminal law is the part of the legal system that deals with crimes. It explains what actions areconsidered crimes, how police can investigate them, how trials areconducted, and what punishmentsoffenders may receive.But where do these laws come from? Criminal law has several important sources, each playing adifferent role in the justice system.1.1 Common LawOne major source of criminal law iscommon law, also calledjudge-made law. Common law began inEngland during the twelfth century. At that time, judges did not rely on written laws. Instead, theycreated rules by deciding cases and determining which actions deserved punishment.Through their decisions, judges defined serious offenses—such as murder, rape, arson, andburglary—as crimes against the state. Over many years, these decisions formed a body of unwrittenlaws and customs. This system of law later became the foundation ofthe legal system used in theAmerican colonies.1.2 The Law of PrecedentA key feature of common law is thelaw of precedent. This means that once a court decides a legalissue, other courts must follow that decision in future cases with similar facts.This idea is closely linked to the principle ofstare decisis, a Latin phrase meaning “to let the decisionstand.” Stare decisis helps courts stay consistent in their rulings and promotes fairness by ensuringthat similar cases are treated in similar ways.1.3 ConsƟtuƟonsAnother major source of criminal law is theConstitution. The U.S. Constitution is the highest law inthe country. Article VI clearly states that the Constitution is the “supreme Law of the Land.”

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Study GuideIf any law—whether federal, state, or local—conflicts with the Constitution, the U.S. Supreme Courthas 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 asstate constitutions must follow the U.S. Constitution.1.4 Statutes and OrdinancesMost criminal laws today come fromstatutes, which are laws passed by legislatures. Congresscreates federal statutes, while state legislatures pass state statutes. Cities and towns also passordinances, which are local laws.Every state has acriminal code, which is a collection of written laws that define crimes andpenalties. 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 statedrug laws. These federal laws are designed to strengthen crime control, especially in areas wherelocal law enforcement may struggle.1.5 AdministraƟve Rules with Criminal PenalƟesCriminal law also comes fromadministrative agencies. These are government organizations thathave the power to make and enforce rules. Their rules are often described assemilegislativeorsemijudicialbecause they combine law-making and law-enforcing roles.Agencies such as theFederal Trade Commission (FTC),Internal Revenue Service (IRS), andEnvironmental Protection Agency (EPA)create regulations, investigate violations, and imposepenalties.These agencies handle crimes involving areas like securities fraud, income tax evasion, sellingunsafe food, and dumping toxic waste. Violating their rules can lead to serious criminal penalties.1.6 Appellate Court DecisionsFinally, criminal law is shaped byappellate court decisions. When higher courts—such as stateappellate courts or the U.S. Supreme Court—issue legal opinions, those decisions becomecase law.

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Study GuideCase law often results from courts interpreting statutes or resolving legal questions that are not yetwritten into law. Once established, these decisions guide lower courts and become an important partof the criminal law system.2. The Nature of Criminal LawTo truly understand criminal law, it helps to know how it differs from other types of law. It is alsoimportant to understand the difference betweensubstantive lawandprocedural law. Thesedistinctions explain how crimes are defined and how the justice system operates.2.1Criminal Law vs. Civil LawNot all laws deal with crimes. In fact,all law that is not criminal law is called civil law. Civil lawcovers disputes betweenindividuals 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 partiesCriminal law is different because it involves actions considered harmful to society as a whole. As aresult,criminal cases are handled separately from civil cases, even when both involve the sameevent. For example, a person may face criminal charges from the government and also be sued incivil 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.2.2SubstanƟve Law and Procedural LawCriminal law has two main parts:substantive criminal lawandcriminal procedure. Each serves adistinct purpose.

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Study Guide2.2.1 SubstanƟve Criminal LawSubstantive lawdefines what behaviors are considered crimes and sets the penalties for thosecrimes. It answers questions like:•What actions are illegal?•What punishment applies to each offense?Laws dealing with crimes such asmurder, rape, and robberyare examples of substantive lawbecause they clearly define unlawful conduct and its consequences.2.2.2 Procedural LawProcedural lawexplainshowthe government enforces criminal laws. It sets the rules the governmentmust follow when accusing someone of a crime.Examples of procedural law include:•The right to atrial by jury•The right tolegal counsel•The right toappeal a conviction•The right toconfront and face one’s accusersThese protections are part ofdue 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 canbe a serious problem. Such violations may become grounds for anappealand can even lead to areversal of a criminal conviction.

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Study Guide2.3Why These DisƟncƟons MaƩerUnderstanding the differences between criminal and civil law, as well as between substantive andprocedural law, helps explain how justice is carried out. Together, these legal principles ensure thatcrimes are clearly defined and that individuals accusedof crimes are treated fairly under the law.3. FuncƟons of Criminal LawCriminal law plays animportant role in society. It is not just about punishing people who break thelaw. Instead, it serves several key functions that help society operate fairly, safely, and smoothly.3.1 Maintaining OrderOne of the main purposes of criminal law is tomaintain order. Laws give people clear rules aboutwhat behavior is acceptable and what is not. This predictability helps individuals know what to expectfrom others.Without criminal law, society would be filled with uncertainty and chaos. People would not know whichactions are allowed, and everyday life would become unsafe and unpredictable.3.2 Resolving DisputesCriminal law also helpsresolve disputes. When conflicts arise between individuals, the legal systemprovides an organized and peaceful way to handle them.Instead of people taking matters into their own hands, the law allows grievances to be addressedthrough courts and legal procedures. This reduces violence and promotes fairness.3.3 ProtecƟng Individuals and PropertyAnother key function of criminal law is toprotect people and their property. Laws exist to guardcitizens 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, manycriminal laws focus on punishing theft and other property-related crimes.

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