Criminal Law Concepts

Common law is formed on the basis that courts will make decisions based on past judgments (Letwin, 2011). Cases with similar circumstances will be ruled in the saw way. In most cases the common law will combine with statutory and constitutional law in order to make decisions. Common law bases on the fact that court cases will be primarily ruled on precedent (Aspen Publishers, 2010). The common law is crucial to understanding almost all important

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

In 1997 28 states had already put into exclusion the offense of murder from the juvenile system. This meaning that a youth would be sent directly into the adult system if he or she was facing such a charge. This number is most likely going to increase that has put more emphasis on the debate of juveniles sent into the adult system. According to

American law comprises of many levels of modified and unmodified but the most important is the USA constitution and the federal government of the United States. Constitution is meant that it sets up the boundaries of other laws such as federal laws as an act of congress while case law originates from the federal judiciary. The states of the American are plenty sovereign each with its constitution. American laws especially contract, tort, property, criminal, and family law experienced by the majority of citizens on a day-to-day basis) consists primarily of state law, which can and does vary greatly from one state to the next. The common law system of English law which was there at the revolutionary time brought the federal and state law of today. American law is now derived from five major sources which are constitutional law, statutory law, treaties, administrative

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

Historically, common law emphasized the importance of judicial decisions rather than utilizing the structure of codes, legal rules, and statutes as courts do today. In the past, judges documented and issued their decisions which were later circulated from one court to another and became known as common law. In cases where parties disagreed, common law court would look at previous decisions made in related cases and incorporate those decisions into the current case (Siegel, et al., 2011). If similar disputes had been resolved in the previous case, the court would utilize the same perspective to resolve their current case. This became known as precedent and like common law, continues to be utilized in today’s court system (Siegel, et al., 2011).

Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines.

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?

* The extent to which the law balances the rights of victims, offenders and society

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

The U.S. Constitution and state constitutions are written sources of American criminal law. They are the supreme law. The U.S. Constitution is the law of this country and the state constitutions are the supreme law of the state. Another written source of American criminal law is the statutes passed by Congress and state legislatures. The statutes refer to the conduct that is expected of the general public in near future. Administrative Agency Regulations along with the Case Law are other forms of written American criminal law. Administrative

in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law