The United States Criminal Justice system revolves around Criminal Law. Criminal Law is a vital part of the criminal justice system. According to “Cornell University law School” (2010), “criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Criminal Law). Criminal law characterizes crime. The procedures for the rules of trials and punishments for the offenders are all set in place according to the criminal law rules.
Criminal Law encompasses the rules and statutes that were written by Congress and state legislators pertaining to any criminal activity that causes harm to the general public, with penalties (“HG. org”, 1995-2011). Purpose of Criminal Law Criminal law is important and it holds its importance mainly because it sets boundaries within society. Ashworth (2006), “This law’s purpose is to establish rules and boundaries within society and punish those that violate these societal regulations.
Based on the nature of the offense, criminal law can dictate whether the individual responsible for the violation should be imprisoned or rehabilitated” (Principles of Criminal Law). Criminal law is needed to guide individual’s behavior and contain their activity. If there were no criminal law, there would be no repercussion for individuals whom violate the law. What is Jurisdiction? Jurisdiction is the power to hear and determine cases.
The courts have several types of jurisdiction, and they all relate to the power-either power over persons or power to hear and decide particular kinds of cases. Local, state, and federal are the most common jurisdictions. The location, and the class of crime committed are the main factors that will determine which department has jurisdiction of the crime. All jurisdictions should try and work well with one another and have patience so that they can begin working on getting the case solved.
There are certain circumstances that allow the department that is better equip to handle the case. Adversarial System The adversarial system is punctuated by process. The process is known to be exceptionally orderly and technical, especially once charges or filed. This system is “ the court system that pits the prosecution against the defense in the belief that truth can best be realized through effective debate over the merits of the opposing sides” (Schmallegar, Hall, & Dolatowski, 2010, p. 29). Standard is proof beyond a reasonable doubt. With standard of proof the evidence is obvious and convincing.
Criminal and Accomplice Liability Criminal liability is “the liability that arises out of breaking a law or committing a criminal act” (Criminal liability, 2011). Criminal liability is the extent to which the defendant is subject to penalties prescribed by the criminal law. The main actor responsible for a crime is where the criminal liability takes place, then on the other hand accomplice liability contains the person responsible for aiding, enabling, or participating in a crime committed by the main actor.
Accomplice liability pertains to the person who is a character, but not the main character. According to Rogers (1998), accomplice liability requires “that an accomplice intends to promote or facilitate the commission of an offense and, consequently with this intent, aids the principle actor”. The accomplice usually has no immediate intentness with the offense. The accomplice takes just as much fault as the main actor for aiding the individual; it’s just the same as if he WERE the main actor. Being an accomplice to a crime is acknowledged as an inchoate crime.
An inchoate crime is thought of as incomplete or unfinished crime that is linked to an actual crime to obtain a conviction. An inchoate crime is “an unfinished crime that generally leads to another crime. Also, a crime that consists of actions that are steps towards another offense also called anticipatory offense” (Schmallegar, Hall, & Dolatowski, 2010, p. 80). These offences refer to acts that are seen as criminal, even without abusing anyone as long as that incident that could have happened is prohibited by law. Conclusion.
When all is said and done the main issue at hand is Criminal law, and without it there would be mass confusion within the Criminal Justice system. Criminal law is needed to regulate behavior within society, and to determine what the best punishment for the offender is that has violated the law. References Ashworth, A. J. (2006), Principles of Criminal Law (5th ed. ), Oxford: Oxford University Press. Cornell University Law School. (2010). Retrieved October 20, 2011from http://www. law. cornell. edu/wex/criminal_law Criminal liability. (2011).
Retrieved on October 20, 2011 from http://www. businessdictionary. com/definition/criminal-liability. html Rogers, A. (1998). Accomplish liability for unintentional crimes: remaining within the constraints of intent. Retrieved on October 24, 2011, from http://digitalcommons. pace. edu/cgi/viewcontent. cgi? article=1315&context=lawfaculty&seiredir=1#search=”Discuss+and+differentiate+the+concepts+of+criminal+liability+and+accomplice+liability. ” Schmalleger, F. , Hall, D. E. , & Dolatowski, J. J. (2010). Criminal Law Today (4th ed. ). : Prentice Hall.