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Criminal Justice Today

CHAPTER

4

BOOK COVER

Criminal Law

Criminal Justice Today, 13th Edition
Frank Schmalleger

Copyright © 2015, © 2013 by Pearson Education,
Inc.
All Rights Reserved

Nature of Law
• Rules of conduct inherent in human nature and in the natural order
• Knowable through intuition, inspiration, and the exercise of reason, without need for reference to created laws
 Ten Commandments
 The U.S. Declaration of Independence

Criminal Justice Today, 13th edition
Frank Schmalleger

Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved

English Common Law
• Originates from usage and custom rather than from written statutes
• The major source of modern criminal law in the United States
• Judge-made law that is refined and changed by actual decisions that judges make when ruling on cases before them

Criminal Justice Today, 13th edition
Frank Schmalleger

Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved

Definition of the Rule of Law
• The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members

Criminal Justice Today, 13th edition
Frank Schmalleger

Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved

The Categories of Law
• Statutory law
 Substantive criminal law


Describes what constitutes particular crimes and specifies the appropriate punishment for each offense

 Procedural law


Determines the proceedings by which legal rights are enforced

Criminal Justice Today, 13th edition
Frank Schmalleger

Copyright © 2015, ©2013 by Pearson Education,
Inc.
All Rights Reserved

The Categories of Law
• Civil law
 Governs relationships between & among people, businesses & other organizations, & agencies of

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