Understanding Criminal Law - Coursework Example

Understanding Criminal Law Introduction Crime is not a new phenomenon in the human history but has been part of every society till this point of time. Historically, crime has strong linkage with the human nature, behavior and upbringing as well. Broadly speaking, social, personal and domestic reasons provide base and reason for crime. For example, if an individual has insufficient access to the basic human needs such as food, clothing, housing, employment and health care facility, in that case, things become very hard for the individual and the individual resorts to crime as a way to fulfill the basic human needs. Also, personal violent attitude and behavior may also lead to crime. For example, if an individual has a quarreling nature and always prefers to snatch or get things by using verbal or physical force, this behavior is more inclined to commit crimes and cause harm to the innocent citizens. Similarly, the domestic reasons also contribute to the rising scale of crime. For example, if parents do not adequately nourish their children and do not teach them some moral and ethical lessons essential for a law abiding citizen, this situation may create a proper upbringing vacuum in which there are more chances that the children start stealing small toys and other things and at the same time they avoid speaking truth and use dishonest behavior for defending their small offenses, such as stealing or hiding things from their friends. It is these situations and conditions which are considered to be a nursery for potential criminals. Keeping this view in mind, the paper attempts to highlight different legal remedies and actions available to deal with the acts of crime. First, definition of crime and criminal system has been provided in which a detailed exposition has also been included. Subsequently, types of criminal law, separately dealing with offenses related to the general public and to the government as well, have been provided. Before the conclusion part, history of criminal justice system has also elaborated. Definition of Criminal Law Criminal law punishes the criminals who commit offenses against individuals or state. Within the context of the criminal law, crime has been defined as a violation of criminal law (Siegel, 2010). It means when a crime is committed, the culprit is not violating the individual rights by harming them or providing them any other serious injury but it is also tantamount to violating the criminal law. For example, an act of robbery is committed by two individuals and they take away the snatched belongings from an individual. This act comes within the domain of the criminal law. Thereby, the legal responsibility through using the available means for the complainant is available to the complainant. In this case, the victim is required to fulfill his legal responsibility by choosing the legal procedure against the crime. In this context, it is important to highlight that the victim is legally required to take the essential available legal remedies and measures because by doing so, the victim is fulfilling the legal responsibility. However, if the victim decides not to pursue any legal action against the offense, in that situation, the victim is reflecting that she has no trust on the criminal legal system and she has preferred to refrain from taking any action against the crime. However, if the victim decides to fulfill her legal responsibility, in that case, she is required to lodge a formal complaint against the crime and report the entire crime to that police station whose legal jurisdiction was used for the act of crime. Subsequently, after receiving the crime complaint, the police would take the necessary legal measures and would start investigating the crime. The notable feature of the criminal law is that it is the prime legal responsibility of the state to carry out the legal procedure and punish the culprits who have damaged the society (Cole et al., 2014). Based on this statement, it can be contended that society means all individuals living in the country and some serious infringement of their basic human rights has taken place. And it becomes essential for the related legal authorities to investigate the type of crime and those involved in the offense against the society. Types of Criminal Law Within the United States legal framework, the criminal law is primarily composed of substantive criminal law and procedural criminal law (Cole et al., 2014). In this regard, substantive criminal law explains and elucidates actions that occur within the legal jurisdiction of government and only government can punish the criminals whereas the procedural criminal law defines the legal procedures that the investigating agencies or other officials are required to use them for satisfying the legal requirements (Cole et al., 2014). In other words, the substantive criminal law is mainly deals with defining certain offenses which come within a particular jurisdiction and at the same time it specifies the legal way or punishments for such offenses (Cole et al., 2014). In this regard, it is important to mention that the act of treason is different offense and it is only type of crime enacted in the United States Constitution (Carlan et al., 2011). Treason has been identified as one of the most heinous act of offense in the legal history of law. It takes place when an individual violates the constitution or deviates from the legal path determined by the country’s constitution. Within this background, it is highly significant to highlight that treason is not primarily an act of offense against any individual or any legal institution but is a violation of constitution. More specifically, it can also be argued that in treason no crime like robbery or murder takes place but it is something that is in cognizance with the legal structure. Hence, the violation of constitution is reported. In this regard, certain examples of treason have been provided. For example, Carlan et al., (2011) highlight that, under English common law, an act of treason was used against those individuals, groups or institutions who publically criticize the monarchy. This example clearly elucidates the acts which can be considered as treason. However, it has also been seen as an act of treason if anyone publically criticizes the respectable institutions, such as the Supreme Court, because the sanctity of such highly respected institution is protected by the constitution. History of Criminal Law The earliest codes were written thousands of years ago particularly in the Middle East in which Hammurabi was one of them (Melton, 2010). Melton (2010) explains that this law defines burglary in the same manner defined by the today’s modern definition of burglary. Moreover, Ten Commandments were also developed and included to the legal structure and this was more than a legal code (Melton, 2010). In addition, this type of law was not purely man-made but it was sent by the God to Moses and His People as well. This inclusion also contributed to the historical evolution of the legal system and legal structure. Subsequently, the Law of Twelve Tables, which was compiled in the Roman Republic, also contributed to the development of modern criminal justice system (Melton, 2010). The effect of this legal code was so intense that it was not only functional in the Roman Empire but also saw its enforcement in most of the Western countries and in the non-western legal structures which also permeated to the old colonies of the British Empire (Melton, 2010). English Common Law English common law is the basic foundations of the current functional criminal legal system. During the colonial era, English common law was mainly enforced and exercised by English authorities. At that time, major laws and rules, which were not local rules and regulations, were mainly determined and enforced by the colonial masters. This imported legal structure was used in the United States particularly in the legal matters. However, recently some people disagree with the statement that English common law should remain part of the existing constitutional framework and they contend that it is more reasonable to constitute and develop new laws which would be more relevant and effective in the American society as more societal and legal changes have already taken place which demand the legal and constitutional revamp as well. Case Law In this type of legal structure, the court shall have the right to hear and give verdict about a case. For example, this structure enables the court to hear the cases based on the concept of precedent and decides the fate of the case on the basis of the verdicts given in the precedent. In this regard, precedent can be defined as any legal case or decision that has already been done by a court and which sets precedent for the future cases which are related to the nature of the precedent. For example, a person has been given capital punishment after it has been legally proven that the defendant has purported the felony. Hence, the capital punishment is given. After two years, a similar case comes in front of the court and the investigation holds the defendant responsible for the murder. In this case, the court would seek guidance from the previous similar case (precedent) and use this precedent to announce the capital punishment for the offender. Modern Criminal Law In today’s modern criminal justice system, among other constituent factors, felony and misdemeanor are central to its importance. In this regard, felony has been defined as a serious crime whereas misdemeanor represents a small minor crime; the offences included in the felony encompass criminal homicide, rape, robbery, crimes against property as larceny and burglary (Siegel and Senna, 2008). Misdemeanors include petty larceny, unlawful possession of marijuana and assault and so on (Siegel and Senna, 2008). Conclusion Within the context of the criminal law, an act of crime has been defined as a violation of criminal law in which harm or any other serious injury is given to the victim. Within the context of the criminal justice system, it is the prime legal responsibility of the state to take necessary legal measures against the crime which has not only violated the individual rights but the whole society has been damaged. And it is this distinction that separates the criminal justice system with other forms of justice systems. Additionally, within the framework of criminal justice system, two types of criminal proceedings can be carried out: substantive criminal law and procedural criminal law. The former defines criminal actions and requires government to punish the offenders whereas the latter elaborates the criminal procedures that are required for the officials to follow while investigating the criminal offenses (Cole et al., 2014). Before English common law, Hammurabi law, Ten Commandments and Law of Twelve Tables were mainly used for dispensing justice in the society. And, in the common and case law, English legal system was used and most of the cases and their decisions were taken from the concept of the precedent in which the future cases and their verdicts were mainly reflecting the previous precedent on the same and relevant case laws. And this structure has been continuously followed even in today’s modern legal history as well.Subsequently, the introduction of modern criminal justice was developed in which felony and misdemeanor is mainly defined. References Carlan, P.E., Nored, L.S., & Downey, R.A. (2011).An Introduction to Criminal Law. Miami, MI: Jones and Bartlett. Cole, G.F., Smith, C.E., & Dejong, C. (2014). Criminal Justice in America. 7th edn. California, CA: Wadsworth Cengage. Melton, B.F. (2010). Criminal Justice: The Law. New York, NY: Infobase Publishing. Siegel, L.J., & Senna, J.J. (2008). Introduction to Criminal Justice. 11th edn. California, CA: Thomson Learning. Siegel, L.J. (2010). Introduction to Criminal Justice. 12th edn. California, CA: Wadsworth Cengage. Read More