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The Purpose of Criminal Law

A run through of criminal law and the purpose of it.

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The purposes of criminal law are to protect and to serve. There are two main functions of the criminal law system. The first function of the criminal law system is to express public morality. Expressing public morality is when the public decides the law by what is right or wrong depending on the community. The second function of criminal law is teaching sociable boundaries. Teaching sociable boundaries is when the criminal is punished to be taught a lesson. At the same time criminal justice system is also making an example of the criminal and by that the community is seeing that and will know what to expect if you do the crime.

The written sources of criminal law are constitutional, administrative, statutory and case law. The purpose of constitutional law is to show laws from the constitution. The purpose of administrative law is to form laws that have to deal with agencies, such as, OSHA. The purpose of statutory law is laws formed to deal with all states. Statutory law is considered federal. The purpose of case law is for the judge to decide on the certain laws depending on the case.

Criminal responsibility can be limited if the criminal is infancy, insane, intoxicated, or the crime was mistaken. One case could be an accidental death involving a hunter shooting another hunter. A hunter might not have seen another hunter because they were not wearing proper clothing and get shot which can be considered mistake. The excuse could be that the hunter was not wearing proper clothing; therefore, he was not visible to the shooter. The excuse is the reason why it would be considered a mistake

The procedural safeguards that protect American Constitutional rights are the Bill of Rights and the Due Process. The Bills Of Rights are the ten amendments in the constitution. The Due Process is to protect the people of America so that the citizens are created fair. Even though some citizens believe we are not created equally.

Criminal Justice in Action: The core. (2006) Retrieved on March 10, 2009

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