Criminal Law Evaluation

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Criminal Law Evaluation
In order to understand criminal law one must evaluate the different aspects that exist in criminal law itself. Understanding the purpose, sources, the jurisdictions, and the type of system the United States uses for due process allow for better insight. A brief look at criminal law through liability and anticipated crimes one are able to get a look at police power to protect citizens, remove and rehabilitate criminals.
Purpose and sources of criminal law
According to Max Weber, “the primary purpose of law is to regulate the flow of human interaction” (Schmalleger, 2010). Criminal law is put into place to allow for a civilized community with the feel of safety by removing criminals and attempting rehabilitation. A more specific list of the purposes of criminal law is to “protect members of the public from harm, preserve and maintain social order, support fundamental social values, distinguish criminal wrongs from civil wrongs, express communal condemnation of criminal behavior, deter people from criminal activity, stipulate the degree of seriousness of criminal conduct, establish criteria for the clear determination of guilt or innocence at trial, punish those who commit crimes, rehabilitate offenders, and assuage victims of crime” (Schmalleger, 2010).
Three sources of criminal law are the Constitution, case law, and statutory law. The Constitution is the highest form of law in the United States. The Constitution does not state specific criminal laws but does state the “police power” and limits the extent of criminal law the government can enact (Schmalleger, 2010). The Constitution protects the innocent as well as requiring due process for the accused. The guidelines of to create criminal laws and the rights of people are written and defined in the Constitution. Case Law is laws that are in layman's terms past practice. These are laws…...

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