Quiz 4: Criminal Law
Purpose of law: The main purpose of law is to standardize the relationships between parties and between people. Without law, people will not feel secure; they would not know what to expect from each other, and they might fail to use their basic rights as a citizen. Hence, society needs law to support justice and prevent oppression of innocents.
Common law: Common law is the legal body that originated through usage and custom rather than any written statutes. These are basically socio-customary practices of the A-S society in the middle ages. Impact of the common law on modern American criminal justice: • The American criminal law is the base of the common law, although most states have codified the common law as written statutes. • It creates modern statutory case law and is well known to be the foremost source of " modern criminal law ". • Mostly, U.S. jurisdiction is replaced by written statutory law. This brings out the impact of common law on modern criminal justice. • The common law powerfully interprets legal issues in state codes. Hence, it remains as a dictator of the state law.
Rule of law: The rule of law is a belief that an organized society must be administered by customary codes and principles that apply uniformly for all its members. The rule of law is essential for western democracies. It allows people to demand for their right, speak their mind, organize to protest government, and live free without the danger of disorder. The rule of law propagates restrictions to all sorts of behavior and it is a way to communicate the anticipation on how one should behave in a democracy. "Nobody is above the law" means that everyone including the one who creates it and those who implement it must follow the rule of law.