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What's the Difference Between Substantive and Procedural Criminal Law?

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What's the Difference Between Substantive and Procedural Criminal Law?
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Fatimah Kadhim

@tima_kadhim

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A comprehensive overview of criminal law fundamentals, exploring the difference between substantive and procedural criminal law, legal classifications, and defense mechanisms in the American justice system.

  • Substantive criminal law defines punishable acts and their consequences, while procedural law governs case processing
  • Criminal offenses are classified into felonies and misdemeanors, with varying degrees of punishment
  • Eight primary justifications of defense in criminal cases exist, including entrapment, self-defense, and necessity
  • Constitutional amendments and individual rights in America are protected through the Bill of Rights and 14th Amendment
  • Understanding individual rights is crucial for protection against government overreach and constitutional violations

2/25/2023

79

Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

View

Legal Defense Justifications and Their Importance

This section details various legal defenses available in criminal cases and their significance in the justice system. Eight primary defense methods are outlined, each serving specific circumstances and situations.

Definition: Legal defenses are justifications or excuses that may affect court decisions and explain defendant actions.

Highlight: Understanding defense methods is crucial as they can significantly impact court decisions and case outcomes.

Example: Self-defense can be claimed when a person reasonably believes they are in immediate danger of harm.

Vocabulary:

  • Entrapment: Police inducement to commit a crime
  • Duress: Coercion by another person to commit a crime
  • Necessity: Breaking the law to prevent greater harm
Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

View

Constitutional Rights and Procedural Law

The final section examines the constitutional framework protecting individual rights in America's criminal justice system. The importance of understanding these rights is emphasized through their practical applications.

Definition: The Bill of Rights and 14th Amendment form the constitutional basis for protecting individual rights in criminal proceedings.

Highlight: These constitutional protections safeguard against government overreach and ensure fair treatment in the justice system.

Quote: "These amendments protect citizens from such infringements as cruel and unusual punishment, self-incrimination, and/or unreasonable searches and seizures."

Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

View

Understanding Substantive vs. Procedural Criminal Law

This section explores the fundamental distinctions in criminal law frameworks and classifications. The key difference lies in their scope and implementation levels, with substantive law focusing on defining crimes and punishments while procedural law governs case processing.

Definition: Substantive criminal law defines punishable acts and their associated penalties, while procedural law outlines how the state must handle cases.

Highlight: Substantive law operates at the state level, while procedural law functions at the federal level.

Example: Under substantive criminal law, felonies include serious crimes like murder and armed robbery, while misdemeanors encompass lesser offenses such as vandalism and trespassing.

Vocabulary: Felonies - Crimes punishable by a year or more in prison; Misdemeanors - Crimes typically punishable by less than a year in jail.

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What's the Difference Between Substantive and Procedural Criminal Law?

user profile picture

Fatimah Kadhim

@tima_kadhim

·

1 Follower

Follow

A comprehensive overview of criminal law fundamentals, exploring the difference between substantive and procedural criminal law, legal classifications, and defense mechanisms in the American justice system.

  • Substantive criminal law defines punishable acts and their consequences, while procedural law governs case processing
  • Criminal offenses are classified into felonies and misdemeanors, with varying degrees of punishment
  • Eight primary justifications of defense in criminal cases exist, including entrapment, self-defense, and necessity
  • Constitutional amendments and individual rights in America are protected through the Bill of Rights and 14th Amendment
  • Understanding individual rights is crucial for protection against government overreach and constitutional violations
Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Legal Defense Justifications and Their Importance

This section details various legal defenses available in criminal cases and their significance in the justice system. Eight primary defense methods are outlined, each serving specific circumstances and situations.

Definition: Legal defenses are justifications or excuses that may affect court decisions and explain defendant actions.

Highlight: Understanding defense methods is crucial as they can significantly impact court decisions and case outcomes.

Example: Self-defense can be claimed when a person reasonably believes they are in immediate danger of harm.

Vocabulary:

  • Entrapment: Police inducement to commit a crime
  • Duress: Coercion by another person to commit a crime
  • Necessity: Breaking the law to prevent greater harm
Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Constitutional Rights and Procedural Law

The final section examines the constitutional framework protecting individual rights in America's criminal justice system. The importance of understanding these rights is emphasized through their practical applications.

Definition: The Bill of Rights and 14th Amendment form the constitutional basis for protecting individual rights in criminal proceedings.

Highlight: These constitutional protections safeguard against government overreach and ensure fair treatment in the justice system.

Quote: "These amendments protect citizens from such infringements as cruel and unusual punishment, self-incrimination, and/or unreasonable searches and seizures."

Fatimah Kadhim
CJ101
Week 3- Assignment 1
The Rule of Law
April 21, 2022
1. What is the difference between substantive criminal law and proc

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Understanding Substantive vs. Procedural Criminal Law

This section explores the fundamental distinctions in criminal law frameworks and classifications. The key difference lies in their scope and implementation levels, with substantive law focusing on defining crimes and punishments while procedural law governs case processing.

Definition: Substantive criminal law defines punishable acts and their associated penalties, while procedural law outlines how the state must handle cases.

Highlight: Substantive law operates at the state level, while procedural law functions at the federal level.

Example: Under substantive criminal law, felonies include serious crimes like murder and armed robbery, while misdemeanors encompass lesser offenses such as vandalism and trespassing.

Vocabulary: Felonies - Crimes punishable by a year or more in prison; Misdemeanors - Crimes typically punishable by less than a year in jail.

Can't find what you're looking for? Explore other subjects.

Knowunity is the # 1 ranked education app in five European countries

Knowunity was a featured story by Apple and has consistently topped the app store charts within the education category in Germany, Italy, Poland, Switzerland and United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the # 1 ranked education app in five European countries

4.9+

Average App Rating

15 M

Students use Knowunity

#1

In Education App Charts in 12 Countries

950 K+

Students uploaded study notes

Still not sure? Look at what your fellow peers are saying...

iOS User

I love this app so much [...] I recommend Knowunity to everyone!!! I went from a C to an A with it :D

Stefan S, iOS User

The application is very simple and well designed. So far I have found what I was looking for :D

SuSSan, iOS User

Love this App ❤️, I use it basically all the time whenever I'm studying