What are the two main functions of criminal law?
Describe the written sources of American criminal law and their purposes.
The two main functions of criminal law are to establish a system of rules and regulations that define certain behaviors as crimes and to provide punishments for those who violate these laws. Criminal law serves to maintain societal order, protect the public from harm, and deter individuals from engaging in criminal activities.
In the United States, the sources of American criminal law can be categorized into two main types: statutory law and common law.
1. Statutory Law: This refers to laws passed by legislative bodies, such as Congress at the federal level and state legislatures at the state level. Statutory law includes codes and statutes that outline criminal offenses, their elements, and the corresponding punishments. These laws are usually codified in a criminal code or penal code, which vary from jurisdiction to jurisdiction. The purpose of statutory law is to provide a written record of criminal offenses and their penalties, ensuring consistency and uniformity in the criminal justice system.
2. Common Law: Common law refers to legal principles and rules that have been developed and established by court decisions over time. It is based on judges' interpretations and rulings in past cases. Common law provides guidance when statutory law is unclear or does not address a specific situation. For example, if a new form of crime emerges that is not covered by a specific statute, courts may turn to common law principles and precedents to determine the appropriate legal response. The purpose of common law is to fill gaps in statutory law and adapt to the changing nature of criminal activities.
To understand the written sources of American criminal law in more detail, you can consult legal textbooks, law journals, online resources, or specialized legal databases that contain statutes, case law, and legal analyses. These resources provide a comprehensive understanding of the different sources and purposes of criminal law in the United States.