Criminal Law And Procedure

Running Head: CRIMINAL LAW AND PROCEDURE 1

Criminal Law and Procedure

Name:

Institution Affiliation:

CRIMINAL LAW AND PROCEDURE 2

Criminal Law and Procedure

Criminal law defines the obligations and rights of people in the society (Emanuel, 2007).

Criminal law may also refer to the body of laws that relate to crime. The law governs and

regulates the social conduct of individuals in the society as well as their behavior. It proscribes

what seems threatening, endangering, or harmful to a person’s safety, healthy, property and their

moral welfare. Criminal law includes punishing people who violate these rules. The law varies

according to jurisdiction. Additionally, it differs from civil law where civil law emphasis is more

on punishment rather that dispute resolution and compensation. Some common issues in criminal

law include elements of various criminal defenses and elements of specific crimes. Criminal

procedure concerns enforcement of a person’s rights during a criminal process (Samaha, 2014).

It is the adjudication process of criminal law. The process of the criminal procedure begins with

a formal criminal charge. The process ends with results in the acquittal or conviction of the

defendant. The criminal procedure differs dramatically from jurisdiction in some ways.

Currently, many countries in criminal procedure put the burden of proof on the prosecution. An

example of a criminal procedural issue includes an individual right during filling of charges,

arrest, trial, law enforcement, and appeal.

How criminal law and criminal procedure ensures justice

One way that criminal law and criminal procedure ensures justice is by addressing the

needs of victims of abuse. Criminals are a problem in the society. They cause chaos and

uncertainty in the justice system. Many people suffer from criminals in the society. The court of

law through the use of criminal law and criminal procedure help deliver justice to such

individuals. Justice is also ensured by making an individual pay for properties that he or she

CRIMINAL LAW AND PROCEDURE 3

damaged. For example, an individual may decide to destroy someone’s business. Criminal law

and criminal procedure help bring justice to the wronged party. This may come in form of paying

for the destroyed property. The offender may also be jailed to curb such behavior in the future.

Criminal law and criminal justice ensure justice by facilitating participation (Samaha,

2014). An individual may be wrongly accused of a certain crime. The criminal procedure allows

the witness to come and testify to find out the real person that had committed the crime. Another

component such as video tape or audio is admissible through the use of the criminal procedure.

These processes help deliver justice to the two parties where the criminal will be incarcerated.

Criminal law and criminal justice ensure justice by also making the victims safety a primary

consideration in bail decision. The security of a witness or accused is the responsibility of the

judicial officer. The accuser or the accused life might be in danger because of the ongoing case.

As such, criminal law requires that such an individual should be provided with security. This is a

form of ensuring justice to prevent any further damage to any of the parties. There are also

concerns about a victim that should be considered to prevent further such acts. For example, a

shooter will not be left on bail and with a possession of a firearm again. As such, criminal

procedure tries to ensure justice in all circumstance. Victim sentencing is an also a form of

ensuring justice. An individual found guilty is sentenced to a certain period in jail to serve for his

or her actions.

How criminal law and criminal procedure try to minimize injustice

Injustice occurs in the society through many forms. One of the most common forms of

justice is corruption. Criminal law and criminal procedure have helped curb this injustice through

creating strict regulations (Samaha, 2014). The rules and policies put in place discourage an

individual from engaging in corrupt activities hence minimizing the injustice. Racial

CRIMINAL LAW AND PROCEDURE 4

discrimination is another form of injustice. This is a common practice in most of the world.

Criminal law is serious about such a practice in the community. An individual found to engage in

discriminatory activities based on color is given a heavy sentence. As such, the act is slowly

dying with few remaining in the community. Favoritism in employment opportunities is another

form of injustice. Criminal law and procedure have ensured that when carrying out recruiting

new employees, all process is transparent to every individual. This has reduced the issue of jobs

being given to only whites and discriminating on people of color.

Injustice such as physical and verbal abuse has been of concern to families. Such abuse

may include sexual, abduction, or assault. Criminal law and criminal injustice have small acts

which deter such injustice. In the United States, an individual that is found abusing another

individual, whether physically or verbally is held in the court of law (Del, 1995). Sexual abuse is

subject to life behind bars. Physical abuse such as assault is also subject to life in prison

depending on the circumstances. All these acts help to minimize these injustices that happen in

the society. Without criminal law and criminal procedure, these activities would have gotten out

of hand. Gender inequality is an injustice that has been in the limelight for some years.

Currently, gender inequality is discouraged, and anyone found liable for such acts is answerable

in the law courts. As such, the practice is dwindling in numbers each year.

How criminal law and criminal procedure ensure a safe and democratic society

Criminal law and criminal procedure have many functions in the society. One such

function is to ensure a safe and democratic society. This can be carried out in some ways. One

such way is maintaining order in the society. Criminal law provides predictability to the

community. It lets individual know what to expect from other people or what to expect after

CRIMINAL LAW AND PROCEDURE 5

doing a certain action. Without that predictability, there would be chaos and uncertainty in the

society. The second way that criminal law and criminal procedure ensure the community is kept

democratic and safe is through resolving disputes. The law provides a peaceful way in which

different parties can arrive at a particular understanding. Disputes such as quarreling are settled

in an orderly manner hence ensuring peace. By protecting people’s property, criminal law and

criminal procedure ensure that people remain peaceful and out of trouble. As such, there are no

quarrels or disagreements.

Criminal law safeguards civil liberties. This is protecting the rights of individuals. By

making sure that each person’s right is kept as it is, the criminal law helps to make the society

better and safe. Compromising the rights of an individual is the basis of disagreements and

fights. The criminal law ensures that each respect the right of the other thereby bringing

democracy signaling peace in the community (McCarr & Nordby, 2001). Criminal law and

criminal procedure allow the local government to collect taxes. These taxes are used to take care

of the common citizen through amenities such as street lights or CCTVs. Also, it helps control

pollution by certain companies or individuals. This makes the society clean thereby being safe

for the citizens of the area. Any individual that goes against such practices are arraigned in court

to answer for their activities. As such, criminal law and criminal procedure help the society stay

safe and democratic allowing individuals to carry out their activities in peace.

Conclusion

Criminal law and criminal procedure have helped tackle numerous problems in the

country. Without them, the country would probably be lawless, and millions of lives would have

been lost by now. Injustices would be common in most parts of the world. Criminal law and

CRIMINAL LAW AND PROCEDURE 6

criminal procedure have helped tackle these problems. It has brought order and peace to every

person. It has ensured that justice exists by prosecuting offenders in the community. Also, it has

brought justice to other individuals by forcing the offenders to pay for damage caused to an

individual’s property. It has minimized injustice by setting up strict regulations to control the

injustices that exist in the country. Most of these injustices that are practiced by many individuals

are inhuman. Sexual abuse or assault is some of the injustice that has been minimized by

criminal law and criminal procedure. Lastly, criminal law has ensured that the society is safe and

people live in a democratic manner. Peace is the answer to most of the problems in the world. As

such, criminal law and criminal procedure have come a long way to making the world a better

place.

CRIMINAL LAW AND PROCEDURE 7

Reference

McCarr, H. W., & Nordby, J. S. (2001). Criminal law and procedure. St. Paul, Minn.: West

Group.

Emanuel, S. (2007). Criminal law. Austin: Wolters Kluwer Law & Business/Aspen Publishers.

Samaha, J. (2014). Criminal procedure. Australia : Wadsworth.

Del, C. R. V. (1995). Criminal procedure: Law and practice. Belmont, Calif: Wadsworth Pub.

Co.

Place new order. It's free, fast and safe

Paper type

Deadline

Page count

550 words

Total price: $ 15.00

Our customers say

Jeff Curtis

USA, Student

"I'm fully satisfied with the essay I've just received. When I read it, I felt like it was exactly what I wanted to say, but couldn’t find the necessary words. Thank you!"

Ian McGregor

UK, Student

"I don’t know what I would do without your assistance! With your help, I met my deadline just in time and the work was very professional. I will be back in several days with another assignment!"

Shannon Williams

Canada, Student

"It was the perfect experience! I enjoyed working with my writer, he delivered my work on time and followed all the guidelines about the referencing and contents."