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Criminal Law Evaluation

Essay by   •  January 1, 2012  •  Research Paper  •  1,288 Words (6 Pages)  •  1,592 Views

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The objective behind criminal law is to deter or prevent criminal behavior, punish criminals, prevent aggressive and violent acts of crimes, and provide public safety and provide the public with the confidence that justice will be served in a quick manner, and that the law enforcement would protect members of society, common laws makes it possibly to present justice or retribution to those that commit criminal acts. "Criminal law is the prosecution of a person for an act that has been classified as a crime" (HG.org).

There are two forms of criminal laws, they are those that are written or statutory laws, and there are laws common laws or unwritten laws. Many states use statutory requirements in common law in relationship to criminal cases. Nonetheless, in those states where common laws are not recognized there are no punishments for common law were crime runs ramped. Written laws appear with the treaties, constitutions, and in several states.Fundamental laws functions is to establish the fact that criminal laws were made to control ones illegal behavior and restrict ones actions in the same manners.

Common law are the laws of precedent for example, once the decision by the courts has been handed it becomes common law is the law of precedent. Once a court makes a decision, it becomes binding in other court cases, hints the phrase "stare desisis" meaning stand by the decision that which is relates to the law of precedent, this also ensures that there is equality within the judicial process.

There are two forms of criminal laws, "they are the written or statutory laws there are laws common laws or unwritten laws" (Bouvier & Rawle, 1914). Many states carry or have statutory requirements in common law that relates to criminal cases... Nonetheless, in those states where common laws are not recognized there are no punishments for common law were crime runs ramped. Written laws appear with the treaties, constitutions, and statutes in several states.The principle functions for establishing criminal laws were to control ones behavior and restrict ones actions. Common laws gave grounds to providing punishment to anyone that commits a criminal offense.

Jurisdiction was constructed to enforce criminal law; it refers to the practical powers which can be handed down to the legal body. There are three types of jurisdiction: person, place, and type of crime. Different courts are limited by jurisdiction; they determine what cases can be here in that jurisdiction. The judge and the courts have to first decide if the court has the authority to issue a ruling in the matter of one's case. Many cases are dismissed because the courts do not have jurisdictions to hear the case.

These legal authorizes are officially constituted to deal with all legal issues. Jurisdictions are also accountable in administering justice and to make a clear cut decision within those areas and to accountability. The essence of a jurisdiction comes from the conflict of the laws, there are constitutional laws, international laws, public laws, and there is the power or the legislative and executive branches. Jurisdictions adhered to the courts in addition to political entities, that have the power to enforce criminal laws as well and also political entities have the authority to enforce criminal laws and hold the terms of the recognized laws.

With the adversarial system, conflicting parties are allowed to argue their case within the realm of a legal proceeding in an aggressive matter. Each opposing adversaries is given a chance to present evidence and argue any points of view to defend ones claims or actions. Also the opposing adversary is given the chance of question each other's witnesses. This line of questioning balances out both sides of a court trial giving justice to each party, and an equal chance to each side to view claims.

The Standards of Proof discuss two things, the amount of evidence and how it is collected, the prosecution mush have this information to win the case. The Standards of Proof holds difference within each case because no two cases are alike. The prosecution must show that there is reason enough to make a conviction, and his or her client is not guilty, the prosecutor must prove a case, one must illustrate that it is likely that something happened, but it is not beyond a reasonable doubt. The preponderance of evidence means that one's adversary could win the court case by demonstrating that there is a possibility that one's argument

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