Academic Master

Criminology

Identify and Define the Five Sources of the Criminal Law

Introduction

Criminal law is considered to be the body of rule which prohibits all those criminal offenses types act that undermines security, harm, and threaten the well-being of public welfare and safety. These sets of rules and regulations are derived by the government to standardize the conduct and provide the guidance to general public and law enforcement agencies. Criminal law requires the proceedings involving the prosecution and evidence gathering after the conduct is done so that courts can enforce the laws by providing the punishment. There are main sources of criminal law that are furthered discussed.

Discussion

The criminal law includes the steps which start from the arrest after the offensive conduct which leads to searches, interrogations, trails, and providing the ruling on the basis of suitable punishment according to the nature of the offense. Follow are the five main and substantially sources of criminal law:

  • Common law: During the 20th century, the courts and judges under the light of law provided the judgment which was further enacted as the law to follow. The common law involves rape, murder, burglary, and arson. Apart from these, other offenses are also being undertaken in this law which is directed against the state.
  • Constitutions: This source of law is being enacted by the government by going through several procedures from the parliament to the lawmaker’s mutual consensus. This law can be challenged through the Supreme Court if found against or contradicts the local laws.
  • Ordinances and Statutes: The source of law that is being directed and derived by the legislature which provides the instructions to local city councils to follow. These laws are specifically enacted by the authorities of the states and sometimes overlap with federal law. The most recent and common example is laws on drugs are different in some states and compared with federal law.
  • Administrative rules: These sources of law are from the different agencies in accordance with their specialties drive law. Example of such sources is the environment protection agency and the Federal trade commission.
  • Courts decisions: There are some cases that have never been come up in front of the government but directly go to the courts or the scenarios where the court provides the proceedings on the basis of law with additional instruction also becomes the law of the state.

Conclusions

In conclusion, the state is being run by the same rules and regulations which are enacted by the government through legislation and the courts through the ruling provided in by them. The main point considered here is overlapping and the contradictions which came up among the two sources of law. Mutual censuses should be considered first when it comes to driving such a nature of law.

Works Cited

Burnham, William. Introduction to the law and legal system of the United States. West Academic Publishing, 2016.

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