3. Criminal Law
Image description: Criminal law nameplate with gavel and block
Image credit: Criminal Law by Nick Youngson CC BY-SA 3.0 Alpha Stock Images; License: Creative Commons 3 – CC BY-SA 3.0
Learning Objectives
This section examines the fundamental principles of criminal law. It describes the functions of formal criminal law (what criminal law does and what it cannot do), how crimes differ from civil and moral wrongs, and various classification schemes used in discussing criminal law. This section also examines the sources of substantive and procedural criminal law (where we look to find our criminal law), the limitations that the constitution places on both substantive criminal law and procedural criminal law, and the important concept of the rule of law in American jurisprudence (legal theory). After reading this section, students will be able to:
- Identify the differences between a criminal wrong, a civil wrong, and a moral wrong
- Identify the many ways in which criminal law is classified
- Explain the many sources of substantive and procedural criminal law
- Explain the limits the US Constitution and Bill of Rights place on the ability to criminalize conduct
Critical Thinking Questions
- What makes a crime a crime, and how is it different from acts of deviance?
- How do different levels of government (federal, state, and local) respond to criminal acts?
- Who makes criminal laws in the United States?
- What type of defenses might an accused person present in court to mitigate their culpability?
- What are the phases of the criminal justice process, and what happens at each phase?
- What protections are granted to us in the Constitution and Bill of Rights?
