Criminal Law Evaluation
Criminal Law Evaluation Paper
Adrienne Anderson
CJA/354
March 7, 2011
William Mosley
Criminal Law Evaluation Paper
Criminal law defines what conduct is considered criminal. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. (Schmalleger, 2010). Criminal law protects society from harm, punishes individuals who have broken the law, maintains social order, rehabilitates offenders, and deters criminal activity (Schmalleger, 2010). The sources of criminal law include the U.S. Constitution, the Bill of Rights, statutes, ordinances, and regulations.
Identify and explain jurisdiction to create and enforce criminal law.
According to the American Heritage Dictionary 2009, a jurisdiction is a “right or power to administer justice and to apply laws”. Jurisdictions include a territory, state, or entity in which the law is enforced. The United States has federalism which consists of two governments who have authority over Americans. These two governments are federal and state governments. Federal governments have authority over “interstate and international commerce, foreign relations, warfare, immigration, bankruptcy, civil rights, and certain crimes committed on the high seas and against the “law of nations” (international law)”. (Schmalleger, 2010, p. 26) State governments have jurisdiction over the welfare of the people within the state and local cities. State governments have the power to make laws to ensure the well being of the people within the territory. Law enforcement agencies, the courts and the correctional system uphold the law and enforce the law.
Discuss the adversarial system and standards of proof in criminal cases.
In an adversarial system, the police conduct the investigation and when an arrest is made, the prosecution becomes involved in the case. The adversarial system consists of a defense lawyer and a prosecutor. Both the prosecutor and defense attorney must provide the evidence and facts and
Adrienne Anderson
CJA/354
March 7, 2011
William Mosley
Criminal Law Evaluation Paper
Criminal law defines what conduct is considered criminal. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. (Schmalleger, 2010). Criminal law protects society from harm, punishes individuals who have broken the law, maintains social order, rehabilitates offenders, and deters criminal activity (Schmalleger, 2010). The sources of criminal law include the U.S. Constitution, the Bill of Rights, statutes, ordinances, and regulations.
Identify and explain jurisdiction to create and enforce criminal law.
According to the American Heritage Dictionary 2009, a jurisdiction is a “right or power to administer justice and to apply laws”. Jurisdictions include a territory, state, or entity in which the law is enforced. The United States has federalism which consists of two governments who have authority over Americans. These two governments are federal and state governments. Federal governments have authority over “interstate and international commerce, foreign relations, warfare, immigration, bankruptcy, civil rights, and certain crimes committed on the high seas and against the “law of nations” (international law)”. (Schmalleger, 2010, p. 26) State governments have jurisdiction over the welfare of the people within the state and local cities. State governments have the power to make laws to ensure the well being of the people within the territory. Law enforcement agencies, the courts and the correctional system uphold the law and enforce the law.
Discuss the adversarial system and standards of proof in criminal cases.
In an adversarial system, the police conduct the investigation and when an arrest is made, the prosecution becomes involved in the case. The adversarial system consists of a defense lawyer and a prosecutor. Both the prosecutor and defense attorney must provide the evidence and facts and
References: Cornell University. (2009). Criminal Law. Retrieved March 6, 2011 from http://topics.law.cornell.edu/wex/Criminal_law Criminal liability. (2011). In Encyclopædia Britannica. Retrieved March 7, 2011 from http://www.britannica.com/EBchecked/topic/143144/criminal-liability Russo, V. (2009). Criminal Law. Retrieved March 6, 2010 from http://www.occriminallaw.com/inchoate-offenses.htm Schmalleger, F. (2010) Criminal Law Today: A capstone with criminal cases. 4th Edition. Upper Saddle River, N.J. Prentice Hall. The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved. http://www.thefreedictionary.com/jurisdiction