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Inside_Criminal_Justice

2013-11-13 来源: 类别: 更多范文

The purpose of criminal law is to provide the individual citizens’ protection from the criminals such as arson, murder, and theft. By having the criminal law the citizens’ would feel safe and could go on with their daily task. If there is no criminal law then the criminal’s would run the streets and do what they want to do so it is important to have the criminal law to punish the person that commits crimes. The main function of protect and punish it provide the protection for the citizens’ from harms to them such as theft, murder, and arson it also protects the citizens’ from the harm of poorly constructed building and unsafe food. With this function of the law it provides the citizens’ safety in their neighborhood and the city. without this function of the law there will be no safety for the citizens’ and the criminals will have control with the streets and every where the citizens’ go it will not be safe. It is important to have this function of the law so it will provide the safety of the citizens’ and punish the criminals. With the main function maintain and teach it explains the morality and teaching societal boundaries. With public morality it explains how it is wrong to married to two people at the same time and also how the criminals will use idleness and lying that is a criminal act. With the teaching societal boundaries this describe how the criminal law uses the punishment to teach the people a lesson. It explain how if the person rob a house then they will get arrested and then place them in jail it also explain how this kind of teaching can be use in traffic laws. For example by using your headlight at night, stopping at an intersections, and follow the speed limit this will prevent accidents with the various forms punishment by breaking the traffic laws it will teach the drivers to order of the road. The written sources of American criminal laws it describes how the constitutional law focuses on various state constitutions and U.S. Constitutional it is also the supreme law of the states. The state and supreme in the states it does not violate with the federal or U.S. Constitution at all. In the statutory law it is created by the local legislatures, federal, and state these laws cannot defy with are U.S. Constitution. With the administrative Law it focused on the decisions, rules, and orders of the state or federal government administrative agencies. They are created for the agency of the federal to enable the legislation by the U.S. Congress. With the case common and law, law doctrines is a judge-made law to include regulations created by administrative agencies, of statutes enacted by legislatures, and interpretations of constitutional provisions. The purposes of these laws for the written sources of American criminal law it tells us how the U.S. Constitution functions and how laws within the state borders does not violate with the federal law or U.S. Constitution. It shows how some of the laws are judge –made to make are state a better place to live in. The criminal responsibility may be limited by the person knowing if they are capable of doing a violent crime they should try to get some help so they prevent what could happen. The justification is duress defense the reason this is use so the courts could examine if the defendant has an opportunity to avoid that threat was made. The excuse defense is intoxication in this defense there are two kinds the first one is involuntary intoxication with this defense the person is forced to injected or ingest the alcohol or drugs. By being involuntary intoxication the person is unaware the act they are committing while under the drugs or alcohol is wrong. The second kind of intoxication is voluntary intoxication with this defense the defense attorney can use that the defendant is so intoxicated and could not commit the crime because the defendant did not have the state of mind to commit the crime require. In twelve states they removed the voluntary intoxication as a defense. (n.d). Intoxication. Retrieved from XRefer XML database. The procedural safeguards that protect American Constitutional rights are the bill of rights it is designed to protect the constitutional. The bill of rights interpret by the U.S. Supreme Court, it had served for the procedural safeguards in this country. The Congress draft ten amendments to is Constitution so it would be approved by the states it was adopt in 1791. The due process it requires the government could not rely with the impulse when making decisions and individual judgment it has to stay in the boundaries of reasons of the law. The due process has two kinds they are substantive due process and dural due process
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