Examine the source and purposes of criminal law

Laws defining crimes such as homicide, rape, robbery, burglary, and larceny are generally statutory.

what are the four general sources of criminal law

Call this the punitive view. Some object that this focus on punishment is misplaced. In the most general sense, judges tend to follow precedent that is newer, from a high court, and from the same court system, either federal or state. Although it is technically ranked the lowest, judicial review makes case law an extremely powerful source of law.

Both parties in a civil litigation matter must represent themselves or hire private attorneys. Example of Judicial Review An example of judicial review is set forth in Texas v. Moore claims that justified punishment must be imposed for reasons of desert, and that for this reason the punitive and preventive functions cannot be combined.

purpose of criminal law

This violates notions of fairness. In others, enforcement would necessitate gross invasions of privacy, and require the law to take sides in conflicts better resolved by the parties themselves.

Doing so will prevent a great deal of harmful wrongdoing that cannot be prevented otherwise. Standard mens rea requirements include intention and recklessness.

At least on paper, the procedural protections on offer in criminal proceedings are more robust than those available to the accused in legal proceedings of other kinds. Rules of Stare Decisis and Use of Precedent Case precedent is generally an appeal rather than a trial.

Figure 1.

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Section Sources of Criminal Law