Criminal Law Evaluation Paper

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Criminal Law Evaluation Paper Tory Havellana CJA/354 November 21, 2011 William Mosley Criminal Law Evaluation Paper Traces of current criminal law date back to the ancient set of laws, known as The Code of Hammurabi, which was developed in 1750 B.C. (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). This code of law addressed rights of ownership, thievery, violent acts, as well as the associated punishment. (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). These ancient laws continually evolved, ever-changing with society’s needs and desires, ultimately developing into our current criminal law. Criminal law is a vital element to our society. This essay will discuss the sources and purposes of criminal law, as well as identify and explain jurisdiction to create and enforce criminal law, discuss the adversarial system and standards of proof in criminal cases, discuss and differentiate the concepts of criminal liability and accomplice liability, and finally, define inchoate offenses and compare them to elements of additional criminal offenses. PURPOSES OF CRIMINAL LAW What is criminal law? The definition, as given by (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010), is a “body of rules and regulations that defines and specifies punishments for offenses of public nature or for wrongs committed against the state or society.” There are several reasons these laws are in place; the primary reason being to “make society safe for its members and to punish and rehabilitate those who commit offenses.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). SOURCES OF CRIMINAL LAW There are several sources of criminal law; the highest form of law being the Constitution. The constitution “guards personal liberties by restricting undue government interference.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). In addition to the

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