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Ch. 2-1 The Nature of Criminal Law

Lesson Objectives. BHS Law Related Education Program Criminal Justice Lesson 2: Criminal Law. Ch. 2-1 The Nature of Criminal Law. Distinguish between criminal law and civil law. Identify functions of criminal law. Identify sources of criminal law.

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Ch. 2-1 The Nature of Criminal Law

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  1. Lesson Objectives BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 The Nature of Criminal Law Distinguish between criminal law and civil law. Identify functions of criminal law. Identify sources of criminal law.

  2. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 Definitions of Crime A. Criminal Law vs. Civil Law A crime is a public wrong, an offense against society. A tort is considered a private wrong, an offense against an individual. A crime will result in legal action by the government A tort will result in legal action by one person against another. CAN AN OFFENSE VIOLATE BOTH CRIMINAL LAW AND CIVIL LAW?

  3. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 The Nature of Criminal Law Criminal law v. Civil law Criminal law encompasses both substantive criminal law and procedural criminal law.. Substantivelaw defines proscribed behaviors and specifies penalties. Laws concerning murder, rape, and robbery are substantive in that they define the elements of the crime.

  4. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 The Nature of Criminal Law Criminal law v. Civil law Procedural law consists of rules stating how the government proceeds against an individual accused of committing a crime. Right to a trial by jury, the right to counsel, the right to appeal, and the right to face one's accusers are just a few examples of procedural law. Violations of these rights by the government are violations of due processand can result in a case being retried or even dismissed.

  5. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 The Nature of Criminal Law Functions of Criminal Law/Criminal Justice System Criminal law/CJS serves several purposes and benefits society in the following ways: Maintaining order Resolving disputes Protecting individuals and property Providing for smooth functioning of society Safeguarding civil liberties

  6. BHS Law Related Education Program Criminal Justice Lesson2:Criminal Law Ch. 2-1 The Nature of Criminal Law Sources of Criminal Law Common law-Laws based on customs of the people Constitutions-Written document establishing rule of law in a society Statutes, ordinances and Administrative rules-Written procedural and substantive laws Case law-Law based on previously decided cases

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