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Punishment and sentencing in the criminal justice system
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The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true. In the chapter, criminal law has been well organized by dividing it into misdemeanors and felonies and both have been explained into detail. Misdemeanors refer to offenses that are less serious and the offenders serve time for a year or less in local jails while felonies refer to serious crimes such as rape and murder and …show more content…
Sources of criminal law have been discussed which include: common law, constitutions, statutory law, and administrative law. A lot of information concerning common law has been discussed including its originality and doctrine of precedence. The latter means if the court comes to a decision concerning a particular matter, they are supposed to rule in the same way if similar scenario repeats in future so as to ensure every individual gets same treatment by courts under the law (Reid, 2013). Same has been done to other sources of criminal law. It is also stated very clearly that in the broadest sense of criminal law encompasses both substantive criminal law and criminal procedure. Murder is a good example of substantive law since there is prohibition of killing another person without
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
There are many different meanings of crime and many different reasons people commit crimes. In the United States, defense lawyers try to prove their clients did not know what they were doing when they committed the crime and the prosecution tries to prove the defendant did know what they were doing when they committed the crime. However, the prosecution must have the elements of a crime, which means state of facts to prove someone guilty. The prosecution lawyers and the defense lawyers use elements of a crime for the defendant. The following are examples of elements of a crime: mens rea, autus reus, concurrence of actus renus and mens rea. All of these can be used as elements of a crime.
Parts of the criminal justice system are straightforward, requiring little interpretation or subjective thinking to understand their meaning. For example, law enforcement officials must properly collect and introduce evidence to determine whether a subject did in fact commit a crime. And once a suspect is apprehended, very clear rules are followed on the process of his or her arrest. Crimes themselves are clearly defined, as well: murder, arson, robbery. The constitution is specifying that the death penalty may be used, but warns that there are certain stipulations that must first be met.
Davenport, A.U. (2009). Basic criminal law: the constitution, procedure, and crimes (2nd ed).Upper Saddle River, New Jersey: Prentice.
The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes, along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
However, when we put so much formal criminality into practise, can we hope to create a definition that caters only to substantive criminality when its formal counterpart makes up a predominant part of a society’s law? One could suggest a two-fold definition that sees the formal aspect providing a more subtle support mechanism for the latter to make it practical and workable. But incorporating the formal aspect would almost ignore the fluidity of criminality and ignore the fact that criminality is an ever changing thing; thus casting doubt over whether it is wise to even begin to make a definition of criminality. And if I revert back to the suggestion of a two-fold definition, it would be rendered redundant when the formal side cannot match the substantive side; something that is unlikely to occur so
There are two categories of criminal law, procedural and substantive. These two types of law are applied to different parts of a criminal case. These two types of law are present in everyday life, just as crime is present. Procedural law and substantive law are necessary to protect the goals of the criminal justice system. While the two may serve the same purpose of bringing a criminal to justice, they do have so important differences.
Criminal Law, this is the law we hear most about as Americans. Since this is considered statutory it covers certain wrongs that are considered social evils and threats. To some they may seem laws against sins. There are three categories of criminal law. Petty offenses such as traffic violations, littering and loitering usually punished by a fine. Misdemeanor offenses are considered serious but major crimes such as prostitution, gambling and first time spousal abuse which are punishable by larger fines or short jail sentences or even community service. Felonies which are major crimes such as imprisonment punishes rape, murder, robbery and extortion.
“Crime” and “criminality” are two terms that are one in one with each other. One of the concepts focuses on the act or actions, which would be the “crime.” The other concept focuses on behaviors and influences, which would be the “criminality” aspect. Crime can be defined as an act forbidden by law that can be punished by imprisonment, fines, or both. Crime can come in many ways from violent actions like aggravated assault and murder to less violent actions like petty theft and embezzlement. Criminality is a certain personality profile that causes varied levels of crime. Almost every crime is committed with the use of force, fraud,
The Criminal court deals with different types of criminal jurisdictions and offences dealt with within the courts and also the appeals routes of each criminal structure. They also evaluate the efficiency of the current Criminal structure. The roles and powers Lay Magistrates have on the Criminal court while explaining the selection roles of Juries also giving evaluation of the use of Lay people within the Criminal justice system. There are three different types of offences which are dealt with in the Criminal Courts, summary offences which are the least serious offences and are normally dealt with in the Magistrate Courts. These are offences such as common assault and most driving offences. The 2ndtype of offence
Criminal Justice is a legal framework incorporating the applications of the law with various governmental entities to ensure lawful policies and procedures are adhered to and impose a penalty when such laws are violated. The scope of the Criminal Justice System is separated into three branches: Legislative (laws and statutes), Adjudication (courts), and Corrections (jails, prisons, parole and probation).
According to Cornell University of Law, Criminal law involves prosecution by the government of a defendant for an act that has been classified as a crime. Civil cases, involve individuals and organizations seeking to resolve legal disputes. In criminal cases, the state, with attorney general of the state, bring forward the suit, compared in a civil case the victim brings the suit forward.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.
According to, The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment, through the Saylor Foundation (page 316), criminal law is an