4.1 Chapter Overview and Learning Objectives
In this chapter, we’re examining the basic principles of criminal law. We’ll explore how formal criminal law works, understanding the differences between crimes, civil matters, and moral wrongs. The chapter will also break down the different ways we categorize criminal acts. We’ll take a closer look at where we find our criminal laws and the rules that the Constitution sets for both what’s considered a crime and how the legal process works. Additionally, we’ll discuss the crucial idea of the rule of law in American legal theory. Throughout, we’ll uncover the ins and outs of criminal law, from its functions to its sources and limitations.
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.
- Understand the importance of the rule of law in the American justice system.
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
- Substantive law
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?
Licenses and Attributions for Chapter Overview and Learning Objectives
Open Content, Shared Previously
“Chapter Overview” 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. Modifications by Megan Gonzalez, revisions by Roxie Supplee, licensed CC BY-NC-SA 4.0, include writing original content and editing the learning objectives.
A system of rules enforced through social institutions to govern behavior.
The principle that everyone, including those in power, is subject to the same laws.
An explanation that attempts to make sense of our observations about the world.
An act or omission that violates criminal law and is punishable by the state.
A violation of a legal duty that harms a person or entity, typically resulting in a lawsuit for damages.
An act or omission that is considered wrong according to personal beliefs or ethical codes, but not necessarily illegal.
