Criminal Law free essay sample

Kristin Mildenberger Abstract Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and standard of proof within criminal cases will be explored.The differences between criminal liability and accomplice liability will be evaluated. The definitions of inchoate offenses for example, solicitation, conspiracy and contempt will be determined. Also, these terms will be compared to elements of additional criminal offenses. Criminal Law Evaluation Paper Criminal law encompasses â€Å"rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society† (Schmalleger, 2010). Within the umbrella of criminal law are more specific types of different law. We will write a custom essay sample on Criminal Law or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page For instance, there is natural law, positive law, common law which all defines a specific type of crime an individual can commit and explanation to why it is considered a law. There are different degrees when it comes to punishment for violating a criminal law as well. In order for a person to be punished for committing a crime regarding the criminal law there must be two things present which will also be discussed. There are also offenses that are listed under criminal law as a certain type of offense and certain type of crime due to who or what is violated.Properties of criminal law include natural law, positive law and common law. Natural law is described as rule â€Å"of conduct inherent in human nature and in natural order, which are thought to be knowable through intuition, inspiration, and the exercise of reason without the need to refer to man-made laws† (Schmalleger, 2010). On the other hand, positive law is forced by the government for everyone to obey (Schmalleger, 2010). In order for the law to be a positive law it must be formed and applied so that it is acceptable by most people (Schmalleger, 2010).Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and examples that help steer the decisions of the judicial system (Schmalleger, 2010). The purpose of criminal law is to catch those individual’s that break the law and may harm other people. Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is broken. Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls (Federation Press. om. , n. d. ). Three purposes of criminal law are for the protection of the offender, punishment and protection of the community (Federation Press. com. , n. d. ). When discussing criminal law an individual must know how jurisdiction plays a major role in how criminal law is enforced and created. The definition of jurisdiction is a specific geographic area where a law enforcement agent can exercise his or her authority. It means that a particular group or department in the criminal justice system has legal power.In order for a person to be punished by law enforcement professional, the act must have occurred within the law enforcement professional’s jurisdiction. Those that make the laws for a specific area or jurisdiction create laws in regards to the criminal law. If there is an act that will harm the community those of the judicial system within the jurisdiction will create the law that will protect the community. In criminal law the prosecution must use a certain degree of information in order to prove an individual’s guilt.There are two different ways to prove a defendant’s guilt in criminal law depending on the system that is used. In a criminal case it is the prosecution’s responsibility to prove the defendant’s guilt, the defense does not have the burden of proof and does not have to defend his or her position at all. An adversarial system is where two campaigners for instance, prosecutor and defense attorney, represent his or her client’s position in front of a group or individual that is impartial for example, a judge or a jury (Schmalleger, 2010).When proving a case against a defendant a prosecutor must meet the standard of proof. The three standards of proof are beyond a reasonable doubt, clear and convincing evidence and preponderance of evidence (Schmalleger, 2010). Beyond a reasonable doubt is the standard of proof needed for a conviction in a cr iminal case. Beyond a reasonable doubt means that the prosecution has to prove with high certainty that the defendant did commit the crime, but it does not have to prove the action was written wit a hundred percent certainty. Another burden of proof that is used in a criminal case is clear and convincing evidence.