Inside Criminal Law
Axia University of Phoenix
Inside Criminal Law
The first main function of criminal law is protect and punish. It is also known as the legal function. The main function of this legal function is to uphold social order by protecting the citizens from criminal harm. There are two types of criminal harm. The first is harm caused to individual people both to themselves and their property. These crimes can be from murder, assault, theft or even arson. The second harm can be cause to everyone by unsafe foods, contaminated city drinking water, poorly maintained sewage and unsafe buildings.
The second main function of criminal law is maintain and teach also know as the social function of the law. This function of criminal law provides laws that make penalties for crimes that are wrong morally but do not cause any type of harm to anyone with the exception to maybe a persons family members. Some people believe that criminal laws do not just say what is expected of the people but also criminal laws teach people also. Laws change over time to fit how society looks upon things. Take sodomy for example; Sodomy is a illegal and a criminal law but we see more and more now, married couples committing this act. Also look at the "porn" industry, they make a lot of movies and take many pictures of two people committing sodomy but it is now accepted by many in our society.
There are four written sources of criminal law. One of the sources is the U.S. Constitution. The others include statutory law, administrative law, and case law. The Constitutional law is based on the U. S Constitution and the constitutions of each state. A constitutional law is the supreme law and all other laws are based off of the constitutional law. If a law is considered unconstitutional, it will not be enforced and will be erased. Statutes are passed by legislative bodies at any level of government. Federal statutes are laws...