Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Discuss the differences between a law that is substantive and a law that is procedural
Procedural law vs. substantive
Difference between substantive law and procedural law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
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. Procedural law focuses on “rules of evidence, the law of arrest, the law of search and seizure, questions of appeal, jury selection, and the right to counsel”, according to page 64 of the text. Procedural law overall handles the procedures involved in conducting a criminal investigation or trial. Substantive law focuses on defining crimes and the appropriate punishments for those crimes. Substantive law handles the use of information in a case and focuses on the main goals of the criminal justice system, such as maintaining order and protecting citizens. Procedural law and substantive law differ in several ways. Procedural law focuses on the process of the criminal justice system, while substantive law focuses more on the purpose of the criminal justice system. Procedural law is more of a methodical process, while substantive law is a …show more content…
They both must be implemented to ensure a successful and legal criminal case. Procedural law works with substantive law to conduct a criminal case and to bring criminals to justice. By doing this, both types are preserving the goals of the criminal justice system, which is their similar purpose. Procedural law and substantive law also vary from case to case. No criminal case is the same, so the procedures and substance of cases will vary. Procedural law and substantive law are both necessary in a criminal case because they have different functions that are intertwined to preserve the criminal justice
There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding
The state should always observe them in ensuring that an individual faces a fair and impartial trial which they have been accused of. The procedural due process is concerned with verifying that the law was applicable and convincing. Also involves the arrest and examination of the charges brought forward.
Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct.
One of the areas in which the two differ is the question of whom is the crime a violation of? The criminal justice system believes that crimes are a violation against the state and are punished by the state. On the other hand, the community justice system says that crimes are a violation of the offender, and the community directly affected by it. The focus of criminal justice is retribution. It is focused on the offender and punishing that person for their crime by imprisonment and other punishments. The community justice system is focused on restoration. Community Justice looks to help the victim deal with the violation and try to get back whatever, if any, possessions were lost in the crime.
Common law, also known as case law or precedent law is the law created by the reported decision of judges whereas Statute law includes laws created by State or other government bodies. It is also known as Acts of Parliament or enacted law. In case of any clash between the two systems of law, Statue law overrules Common law.
Law means evidences and evidences needs proper preservation, maintenance and presentation in court. In addition forensic expert requires giving his expert opinion regarding found evidences in court. Thus, two main wings of good prosecution are:
The difference between the Law of Human Nature and physical laws is that the Law of Human Nature implies a standard of behaviour that should be obvious to everyone and teaches the correct attitude and interactions between humans. The Law of Human Nature is that of right and wrong. Many people have different views of what is right and what is wrong which is what differs between this and physical laws. Physical laws are referring to things such as gravity that is the same everywhere and it not able to be known any other way.
The difference between a mediocre attorney and a great attorney, is their ability to do great research. Researching anything is a process; thus, legal research is the process of finding which primary law applies to a client’s problem. There are certain guidelines an attorney must follow when researching in the field of law; their goal to win their case in court with only the research they found. There are also different sources of law that require different approaches to research.
Common law is case law, a more flexible system of law by contrast to civil law. Judge decided case law is the foundation of the common law system, meaning that common laws are of the courts, or judges’ creation. The Judges interpret statute created by parliament.
Criminal vs Civil Laws Civil law and criminal law are two broad and different areas of law with separate sets of laws and punishments. Criminal Law Criminal law deals with crime and the legal punishment of criminal offenses. A crime is any act that breaks the law, and the person responsible is punished. Civil Law Civil law deals with disputes between individuals, organizations, or between the two. Compensation is awarded to the victim if they win the case.
One way of looking at criminal law is that it is dealing with something of public awareness. For instance, the public has awareness. in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating offenders, and.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Every nation has their own set of legal strategies they use to guide them in making important decisions. Each nation has its traditions and policies they follow. Through the world, there are two main types of legal systems that are used; most nations follow either common or civil law. Both the common law system and the civil law system share similarities in having courts, judges, and comparing cases to laws. While both systems share similarities, they also contain many differences, making them two very divergent legal systems.
According to, The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment, through the Saylor Foundation (page 316), criminal law is an
c) Substantive policies- the part of the law that creates, defines, and regulates rights, what the government going to do. For example preventing the retail of sale of liquor, constructing highways, the law of contracts, torts, wills, and real property; the essential substance of rights under law.