3.1: Overview, Objectives, and Key Terms
Overview
In Chapter Three, the sources of law and rights of the offender are explored. When understanding the sources of law, make sure to understand both substantive criminal law and procedural criminal law. These concepts were provided in Chapter Two, but we build on the understanding in Chapter Three. Substantive criminal defines the crimes and punishments while procedural establishes the procedures for arrest, collection of evidence, interrogations, and the criminal court processes. Understanding the sources of law is vital to understanding the process. The criminal court process relies on various sources of law to guide its procedures. Another key principle to understanding the criminal court process is to understand the rights of the accused. The court must ensure the rights of the accused are abided by so the process if fair and just. The chapter finishes up by providing the function and limitations of the law. In this section, the chapter identifies what constitutes a civil, criminal, or moral wrong and classifies laws.
- Explain the sources of law for the criminal court processes.
- Identify the rights provided to defendants through the Constitution.
- Explain how and why society needs laws.
- Identify the different types of wrongs (civil, criminal & moral).
- Explain how crimes are classified based on the seriousness of the offense.
Key Terms
criminal law, common law, statutory law, administrative law, case law, procedural criminal law, substantive criminal law, 5th Amendment, 6th Amendment, 8th Amendment, civil wrong, criminal wrong, moral wrong, classification of crimes, mala in se crimes, mala prohibita crimes.