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.”Preview Mode
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