Criminal Law and Constitutional Law Principles Essay
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The criminal law is the foundation of the criminal justice system. (Lippman) In any given criminal act the law states that innocent until proven guilty which brings us through steps such as evidence and leading up to an arrest by police, trail before the courts, and incarceration in prison. Criminal laws mainly focus on murder, rape, robbery however in the different states there are different laws that may state that something different is considered criminal law. Criminal Law is the branch of law in which protects individual citizens rather than public interest. Civil and criminal are made up of different categorizes and are followed out by different legal procedures. The difference between Civil and Criminal action is not always one hundred percent clear when it comes to tort, which is an injury to a person or to his or property. The purpose of Criminal law is that it is looking out for society as a whole and not just one individual. The man purpose of Criminal Law is protecting the interests of society. Criminal laws define crimes and may establish punishments. Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that can be punishable by death or by even imprisonment for more than one year. Most states have different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. For an offense, such as traffic or parking violation those two are considered a part of criminal law. (2). Constitutional democracy is a system of government based on a constitution that limits the powers of the government. (3) There are limitations set in place by our government so that police and or other citizens cannot just walk into your home, business or public place and do as they please and take things without the proper procedure’s set in place for them. During my readings in chapter two I ran across some amazing facts that I was unaware of before my readings. I remember reading in school about the Due process law that requires individuals receive notice of criminal conduct. This is sort of a breakdown of what you as a citizen are expected to do in society and if you do not cooperate then there will be consequences for your own actions. Due process requires that police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior. (Chemerinsky) This law is put into place so that everyone is set to a fair trial and that everyone is innocent until proven guilty in a court of law. Equal protection of laws was not originally put into the U. S. Constitution. This was set into the U. S. Constitution so that no man or women despite the colors of their skin would get less punishment then another, which humans were set to the same standards. Freedom of speech was something that I grew up hearing a lot about my friends would joke around and says I’m just using my Freedom of speech but after reading it in this book I have seen it at an all new level. (Branham). The right, guaranteed by the First Amendment to the U.S. Constitution, to express beliefs and ideas without unwarranted government restriction. When the government attempts to regulate the exercise of speech rights in traditional public forums, such as parks or public sidewalks, the U.S. Supreme Court examines whether the regulation restricts the content of the speech or merely regulates the time, manner, and place in which the speech is delivered. I believe that everyone is entitled to their own opinions about matters to a certain point something’s are better kept to one’s own self. Chapter two also states the Second Amendment a well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed. (2). I
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