Describe the purposes of criminal law.
Describe the two main functions of criminal law.
Describe the written sources of American criminal law and their purposes.
Describe how criminal responsibility can be limited.
Describe the procedural safeguards that protect American Constitutional rights.
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It looks as if what you need to do is learn how to conduct thorough and effective searches for yourself. That's what research is, and I'm sure that's what your teacher expects you to do -- conduct research. You are searching for information that is so specific that you have to be prepared for the possibility that none of it may be online. Or some may be, and some may not. In addition to searching on the Internet, you also need to make best friends with the reference librarian(s) in your local or college library.
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At this webpage, you can go immediately to the search sites (first three columns across the top) -- or even better you can scroll down until you see the section called HOW TO SEARCH THE INTERNET. Those are the links to start with. You'll not only learn how to come up with good search terms, but also how to evaluate the webpages you get as results. Some will be good and others will be garbage. You need to know how to tell the difference.
My favorite way to search is to go to Google's advanced search page http://www.google.com/advanced_search?hl=en and put my search words or phrases into the first or second search box (either "all the words" or "exact phrase"). However, there many other strategies for searching you can use, and the HOW TO SEARCH THE INTERNET section will help you best.
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http://www.lib.berkeley.edu/TeachingLib/Guides/Internet/FindInfo.html
http://hanlib.sou.edu/searchtools/searchtips.html
http://www.pandia.com/goalgetter/index.html
http://websearch.about.com/mbody.htm?once=true&COB=home&PM=112_100_T
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http://hanlib.sou.edu/searchtools/evaluate.html
Happy searching.
=)
i already know how to research the interent. i just needing opinions on how you would answer the question compare to what i already have written down, so i could see if i'm on the right track with the assignment.
To answer these questions, we need to understand the basic concepts and sources of criminal law, as well as the various purposes and functions it serves. Let's break it down:
1. The purposes of criminal law:
Criminal law serves several important purposes in society, including:
a. Deterrence: The primary objective of criminal law is to deter people from committing criminal acts by imposing punishment. The threat of punishment acts as a deterrent against potential offenders.
b. Retribution: Criminal law seeks to impose punishment on those who have committed crimes as a form of societal retribution. It aims to balance the scales of justice by holding individuals accountable for their actions.
c. Rehabilitation: Another purpose of criminal law is to rehabilitate offenders and reintegrate them into society. Through various programs and interventions, criminal law attempts to address the underlying causes of criminal behavior and support the offender's positive transformation.
d. Incapacitation: Criminal law aims to protect society by removing dangerous individuals from the community. Imprisonment or other forms of confinement prevent offenders from causing further harm.
e. Restoration: Some criminal justice systems incorporate restorative justice principles, seeking to repair the harm caused by the crime by involving victims, offenders, and the community in the resolution process. The focus is on healing and restoring relationships, rather than solely imposing punishment.
2. The two main functions of criminal law:
a. Substantive function: This function of criminal law defines what behavior is considered a crime and specifies the elements required to establish guilt. It includes defining different types of crimes, such as murder, theft, assault, and fraud.
b. Procedural function: The procedural function governs how criminal cases progress through the legal system. It outlines the rules and processes for arrest, investigation, trial, and appeals, ensuring fairness and protecting the rights of the accused.
3. The written sources of American criminal law and their purposes:
American criminal law is primarily derived from written sources, including:
a. Constitution: The U.S. Constitution provides the foundation for criminal law, protecting fundamental rights and outlining the powers and limitations of the government. It sets forth due process requirements and guarantees protections such as the right to a fair trial, protection against double jeopardy, and freedom from cruel and unusual punishment.
b. Statutes: Congress and state legislatures enact laws called statutes, which define specific criminal offenses and prescribe the applicable penalties. These statutes vary from jurisdiction to jurisdiction.
c. Case law (precedents): Through the judicial system, courts interpret the Constitution and statutes when deciding cases. These court decisions establish precedents that shape and clarify the application of criminal law. Judges rely on previous similar cases to guide their decisions.
d. Regulations: Various federal and state agencies may issue regulations that define certain criminal offenses related to specific industries or activities. These regulations possess the force of law and help supplement and interpret the statutes.
4. How criminal responsibility can be limited:
Criminal responsibility can be limited in various ways, including:
a. Age: In many jurisdictions, children under a certain age (typically 18) are deemed incapable of full criminal responsibility and may be subject to a separate juvenile justice system with its own rules and procedures.
b. Mental incapacity: Individuals suffering from severe mental illnesses or intellectual disabilities may be deemed incapable of understanding the consequences of their actions, resulting in limited criminal responsibility. Insanity defenses may be used in these cases.
c. Intoxication: Depending on the jurisdiction, voluntary intoxication may limit criminal responsibility, particularly if it can be proven that the individual's impaired state prevented them from forming criminal intent.
5. Procedural safeguards protecting American Constitutional rights:
The American criminal justice system incorporates several procedural safeguards to protect an individual's Constitutional rights, including:
a. Presumption of innocence: Every person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. It places the burden of proof on the prosecution to establish guilt.
b. Right to counsel: The accused has the right to legal representation. If they cannot afford an attorney, one will be provided for them.
c. Right against self-incrimination: The Fifth Amendment protects individuals from being compelled to incriminate themselves. They have the right to remain silent during police questioning.
d. Search and seizure protections: The Fourth Amendment safeguards against unreasonable searches and seizures and requires proper warrants based on probable cause. Exceptions apply in certain circumstances.
e. Right to a fair trial: The accused has the right to a fair and impartial trial, including the right to confront witnesses, present evidence, and cross-examine witnesses against them.
f. Protection against cruel and unusual punishment: The Eighth Amendment prohibits the imposition of excessive bail or fines and forbids cruel and unusual punishment.
It is important to note that the specific protections and procedures can vary between jurisdictions and may be subject to interpretation by the courts based on individual cases and circumstances.