4.1 Chapter Overview and Learning Objectives
This chapter examines the fundamental principles of criminal law. It describes the functions of formal criminal law, how crimes differ from civil and moral wrongs, and various classification schemes used in discussing criminal law. This chapter also explores the sources of substantive and procedural criminal law (where we look to find our criminal law), the limitations that the constitution places on both substantive criminal law and procedural criminal law, and the important concept of the rule of law in American jurisprudence (legal theory).
4.1.1 Learning Objectives
After reading this chapter, students will be able to:
- Distinguish between a criminal wrong, a civil wrong, and a moral wrong.
- Recognize the many sources of substantive and procedural criminal law.
- Identify the limitations that the federal constitution and state constitutions place on creating substantive laws and enforcing those laws.
- Recognize the importance of rule of law in American jurisprudence and understand the importance of judicial review in achieving rule of law.
- Identify relationships between criminal laws and crime prevention science (CPSc) Solutions.
4.1.2 Key Terms
Below are some of the most important key terms and phrases used in this chapter. You should review and become familiar with these terms before reading this chapter:
- Aggravating factors
- Case law
- Civil wrong
- Criminal wrong
- Ex post facto laws
- Inchoate crimes
- Law
- Mitigating factors
- Moral wrong
- Rule of law
4.1.3 Critical Thinking Questions
Take a few minutes and reflect on these questions before you read the chapter to assess what you already know. Then, after reading the chapter, return to these questions to gauge how much you’ve learned:
- What does formal law do well? What does formal law not do so well?
- Should we be able to impose sanctions for violations of moral wrongs?
- Consider the constitutional requirement of separate but equal branches of government. Why do you think the drafters of the constitution intended each of the branches of government to be a check on each other? How does that “play out” when deciding what laws should be made and what laws should be enforced? What current issues are you aware of that highlight the importance of three separate but equal branches of government?
- How does direct democracy (in the form of ballot measures and propositions) influence substantive criminal law (creating crimes and punishing crimes). What, if any, are the advantages of using direct democracy to create and punish crime? What, if any, are the disadvantages?
- Consider state-wide decriminalization of marijuana possession and use across the nation and the federal statute banning possession and use of marijuana. How should this federal/state conflict be resolved? Does your opinion change if the behavior is one that you favor or disfavor?
4.1.4 Licenses and Attributions for Chapter Overview and Learning Objectives
“4.1. Chapter Overview” by Megan Gonzalez is adapted from “3: Criminal Law” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Edited for style, consistency, recency, and brevity; added DEI content.