4.13 Conclusion
In this chapter, we’ve examined the foundational principles of criminal law, seeking to understand its formal workings and distinctions from civil matters and moral wrongs. Our exploration has encompassed the categorization of criminal acts, examining the sources and rules embedded in the constitution that define what constitutes a crime and outlined the legal process. Additionally, we’ve underscored the significance of the rule of law in American legal theory. Throughout our journey, we’ve sought to understand the intricacies of criminal law, exploring its functions, origins, and the boundaries that shape its application in the legal landscape.
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.
Review of Key Terms
- Aggravating factors: factors indicating the offender or offense is worse than other similar crimes
- Case law: Laws that originate from appellate court opinions written by judges.
- Civil wrong: A private wrong, and the injured party’s remedy is to sue the party who caused the wrong/injury for general damages (money)
- Criminal wrong: behaviors that harm society as a whole rather than one individual or entity specifically.
- Ex post facto laws: Laws that are retroactively applied, such as new punishments retroactively increased.
- Inchoate crimes: incomplete crimes
- Law: A formal means of social control used by society so citizens’ behaviors will conform to societal norms, cultures, mores, traditions, and expectations.
- Mitigating factors: factors indicating the offender or offense is less serious than other similar crimes
- Moral wrong: Law that attempts to perfect personal character. There are no codes or statutes governing violations of moral laws in the United States.
- Rule of law: the belief that everyone is equal before the law and that the same set of laws applies to everyone
Self-Comprehension Check
Review of Critical Thinking Questions
Now that you have read 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 Conclusion
Open Content, Shared Previously
“Conclusion” 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.
