Criminal Law and the Principle of Legality

“Criminal Law and the Principle of Legality” Please respond to the following:

· From the e-Activity, specify the key differences between criminal law and moral law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds criminal law. Provide one (1) specific example of a case within the past three years in which the judicial system applies these approaches to support your response. Next, discuss whether or not you believe there is a compelling public need for the principle of legality (aka: no punishment without law or due process of law). Provide a rationale to support your response and respond to no less than one of your peers

In Week 1 you will read an introduction to the basic foundations of Criminal Law.

You will read about how criminal law has evolved. You’ve all seen “westerns”—those cowboy movies where shoot-outs in the streets appeared to be legal. In fact, duels as a way of deciding conflicts used to be legal in colonial days. Today’s laws protect every area of life. I can remember early in my legal career child sexual abuse, and even physical child abuse (beatings) being considered “private family matters,” not to be interfered with by the state. Fortunately, criminal law has evolved to protect the most innocent and vulnerable of society, and children are now protected from harm within their very families.

Criminal laws, like all laws, are subject to the Constitution, both the U.S. Constitution, and the constitutions of each state. The U.S. Constitution gives the states “police power” that enables the passage and enforcement of criminal laws to protect society. This power is not absolute, but is limited by the Constitution which requires due process of law in order to deprive any person of life, liberty, or property. In other words, a person cannot be punished (a deprivation of liberty), put to death (deprived of life) or fined (deprivation of property) without a fair trial and notice.

In totalitarian countries (where there is a dictatorship or lack of rights due to Nazi, Marxist, Communist, or other oppressive regimes that do not recognize individual rights) the police power trumps any constitutional protections afforded to citizens. In the U.S., the Bill of Rights and the rest of the Constitution trump criminal laws. You will read in your text that Congress lacks the power to pass “ex post facto” laws, for example. This would be a law that is retroactive in its effect. Criminal laws may only be passed prospectively.

Week One Discussion

In your Week 1 E-Activity and Discussion, you will be examining the basics of the criminal justice system. The discussion is about “approaches” to how the judicial system “upholds” criminal laws. In addition, we will discuss ex post facto laws. You will read about ex post facto laws to find out what that Latin term means. For the first part of the question, “approaches” is a very broad term. Feel free to ponder this question. It’s possible that everyone’s answer is different. When asked about approaches to how our judicial system (courts) upholds criminal law, what comes to mind for me is the integrity of the system. I don’t think we would be very successful at upholding criminal laws if society did not believe in the integrity of our system. For the most part, we have faith in our system. At times, however, our faith is compromised, especially if we see justice denied, delayed, or preferential treatment given. For this discussion, be sure to support your opinions and conclusions with evidence and a logical argument! In other words, try not to bash the system or be negative without also acknowledging the positive! Our system, in my opinion, will never be perfect because it’s a human system, and humans are not perfect….ever

RESPOND TO ONE OTHER STUDENT:

Jekilda Castillo

RE: Week 1 Discussion

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Key differences between criminal law and moral law Criminal law is the law of crimes and their punishments. It’s a system of laws having specific connections with punishment of citizens who commit crimes. Moral law is generally rules that citizens live by. These rules are enhance by having basic common sense and by knowing right from wrong. According to Kant, moral law is not giving to us. It’s a humans nature, freedom and reason The common approaches that the judicial system takes in order to ensure that the public upholds criminal law are independent judiciary and due process in criminal justice system, accountable and responsive policing in upholding the rule of law independence of judges, role of public prosecutors, and defence lawyers as a fundamental support of an effective criminal justice system. The relationship with these approaches are vital to the procedural rights of every individual involved in a criminal process. A balanced judicial measures to ensure integrity, non-discrimination, fairness and the quality of justice. Every case has the right to the due process of law. The principal of legality in other words is “no punishment without a law for it”. Im not with it nor against of the public need for the principle of legality, It’s obvious that there shouldn’t be no consequences if a statute wasn’t establish at the moment that the incident occur. Now if there was a statute established & an incident occurred then yes there should be consequences to face. In order for a law to be established and for it to known that it’s a law an incident has to happened. For example, I broke a glass vase (at the moment I didn’t know nor think it was against the law) and later get charge because a law was established for breaking glass vase. Most laws seem to be established like this. An mistake or crime has to occur in order to decided whether or not it’s legal or illegal. http://www.qcc.cuny.edu/SocialSciences/ppecorino/ETHICS_TEXT/Chapter_8_Kantian_Theory/Moral_Law.htm

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LEG 320: Criminal Law

Week 2 Discussion Top of Form