CRIMJUS-TOP1-DQ1-DDALTON-DONE

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Grand Canyon University *

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430

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Law

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Apr 3, 2024

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docx

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1

Uploaded by JudgeCrocodilePerson1082

Q: There are many sources of criminal law practitioners in the field can draw from. Among them are statutes, ordinances, the common law, the Model Penal Code and the Constitution of the United States. What are some of the attributes of these different sources of law? Do they all hold equal weight with one another, or are some sources more important than others? Explain. A: United States criminal law is derived from several sources, including ordinances, statutes, common law, the model penal code, and the US Constitution. Each of these have their own unique attributes and they do not all hold the same weight. Laws enacted by local government bodies, such as city councils or county boards are ordinances, they typically address issues of local concern, such as zoning, public safety, and local business regulations. Statutes are laws enacted by legislative bodies, such as Congress or state legislatures, and are written, codified, and published for public knowledge. They are very specific and detailed, providing distinct standards for behavior and the consequences if the law is violated. Common law is law that is derived from judicial decisions rather than statutes and is based on the principle of stare decisis, which means "to stand by things decided." In other words, judges are expected to follow precedents set by previous decisions. The Model Penal Code (MPC) is a guideline for criminal law that was developed by the American Law Institute; it is not law itself, but multiple states have adopted its provisions, whether in whole or in part. The Constitution is considered the ‘supreme law of the land’, as it establishes the structure of the federal government, outlines the rights of individuals, and provides the outline for all other laws. Every source of law absolutely does not hold equal weight, as the US Constitution is known to be the highest law in the land, and any conflicting law can be struck down through judicial review. Next in line are statutes and ordinances, with statutes generally taking precedence over ordinances. Common law is considered lower than statutes and ordinances, but can still be influential, especially in areas not covered by statutory law. Unless adopted by a legislative body, the Model Penal Code has no legal authority. Blessings, Danielle References American Law Institute. (1962). Model Penal Code . Philadelphia, PA: ALI. Retrieved from https://www.ali.org/publications/show/model-penal-code/ Hall, D. E. (2018). Criminal Law and Procedure . Boston, MA: Cengage Learning. U.S. Constitution. Art. VI, Cl. 2. Zalman, M. (2011). Criminal Procedure: Constitution and Society. Upper Saddle River, NJ: Prentice Hall. Retrieved from https://archive.org/details/criminalprocedur0006zalm
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