How is criminal law defined and what is its purpose?, law assignment help

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Response Needed:

1. How is criminal law defined and what is its purpose?  Provide an example of one or more criminal laws.

“Criminal Law, as distinguished from civil law, is a system of laws
concerned with punishment of individuals who commit crimes. Thus, where
in a civil case two individuals dispute their rights, a criminal
prosecution involves the people as a whole deciding whether to punish an
individual for his conduct or lack of conduct (i.e. omission). Just as
the people decide what conduct to punish, so the people decide what
punishment is appropriate. Accordingly, punishments vary with the
severity of the offense—from a simple fine (e.g. for a traffic
violation) to loss of freedom (e.g. for murder).” (Cornell 2016)

Criminal law specifically deals with people who commit what the state
or federal government defines as a crime. The purpose of criminal law
is to punish people for committing those crimes. Each state has the
ability to establish different levels and punishments of crimes. North
Carolina, for example, has 61 articles which define the different types
of crimes, felony and misdemeanor classifications, etc. Within these
articles, it is further explained what can happen if you are a repeat
offender, and what can happen if this is determined. Some of the laws
that are defined by this are rape, assault, kidnapping, burglary, etc.
As stated earlier, there are varying degrees of each of these crimes.
The degrees help to determine whether a crime is a misdemeanor or
felony. They also determine which degree/class they are; e.g:

  • 14-23.3. Voluntary manslaughter of an unborn child; penalty.

(a) A person is guilty of the separate offense of voluntary
manslaughter of an unborn child if the person unlawfully causes the
death of an unborn child by an act that would be voluntary manslaughter
if it resulted in the death of the mother.

(b) Penalty. – Any person who commits an offense under this section shall be guilty of a Class D felony. (2011-60, s. 2.) “

  1. How is criminal law different than Constitutional law?

Constitutional law differs from criminal law, which was discussed
above, due to the fact that Constitutional Law deals with “the
interpretation and implementation of the United States Constitution.”
(Cornell 2016), The Constitution has granted citizens the right to “due
process”, which ensures that citizens are given the opportunity to be
tried once they have been accused of breaking criminal laws.

  1. Cornell University Law School (June 2016), Legal Information Institute, Criminal Law, Wex Legal Dictionary/ ( Accessed Sept 2016)
  2. North Carolina General Statutes (Accessed Sept 2016)
  3. Cornell University Law School (June 2016), Legal Information Institute, Constitutional Law, Wex Legal Accessed Sept 2016

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