Alexander C. Garcia
April 7, 2015
Russell Galbreath, MPA
This paper will discuss the terms and definitions that are discussed in Chapter 1 readings. This paper will also entail and identify the purposes and two jurisdictions of the government. The three aspects of crime will also be discussed in referring to Chapter 2. The discussion of criminal liability will be identified in correlation to the various parties of crime.
Criminal Law According to Schmalleger, Hall, and Dolatowski (2010), Criminal law is an assembly of rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state and society in which those rules are governed (Chapter 1). This law is also referred to as “penal law” which demonstrates the penal codes of various jurisdictions. These terms depict the essence of what criminal is and the infractions that violate criminal law, also known as crimes. Laws are ordained or established which have binding legal force (Schmalleger, Hall, & Dolatowski, 2010, Chapter 1). But not all laws have the so-called “binding legal force,” which are differentiated by many sociologists called norms and mores. Norms are rules that are decided and are built into the foundation of a society, while mores are regulations for serious violations of the social code. So as one could see the difference between what has legal binding force and what is sought to be true through ethical principle and moral code is very distinct in how laws are created today.
Purposes, Sources, Jurisdictions of Criminal Law
In the US, the primary purposes of criminal laws are to keep arrange in the public eye and reduce the mischief people may cause to each other. Criminal laws make a standard of behavior that all inhabitants and natives are considered responsible for. A person who is accused of a significant wrongdoing will experience the trial methodology. At that point, a criminal sentence, or discipline is passed. Criminal disciplines can incorporate fines, penitentiary/jail times, probation and other group based disciplines. In the US, criminal laws for the most part originate from four sources. Case law is made by past court choices and understandings; it is one noteworthy hotspot for criminal laws. A second wellspring of law is statutory law. This composed law is ordered by election of the local, state or national lawmaking bodies, in the same way as the US Congress. The third hotspot for criminal law originates from regulations set up by government offices. Case in point, every state manages how to get a driver's permit. The last hotspot for criminal law originates from both the US Constitution and each state's constitution. Notwithstanding, no state can make laws that conflict with the US Constitution, and all state constitution laws are just legitimate in that specific state.
Jurisdictions of Criminal Law & How These Jurisdictions Relate Under Federalism
Now from these ideas and theories of where law came from, eventually one would find the sources of American law and their derivatives. The U.S. and state constitutions were created to provide laws or rights for individuals in a society or business. Statutory laws are laws created by the legislative body to develop and enforce approved federal laws. Administrative laws are created by agencies to govern rules and regulations to limit businesses, for example, an agency that creates a law to make sure businesses have a safe working environment and if they don’t they could be subject to pay fines or even lose business. The Miranda law is a common law created by courts to learn from past cases known as the precedent. “Although statutory terminology may differ from state to state, and although particular crimes themselves may even be given different names, commonalities can be found among almost all of the states in terms of the types of behaviors they define as criminal”