Professional Documents
Culture Documents
Sources of Criminal Law
Sources of Criminal Law
Name
Institutional affiliation
SOURCES OF CRIMINAL LAW 2
Sources of Criminal Law
1. Explain how the two sources of criminal law you selected contributed to the evolution of
The common laws usually occur in the context of civic procedures, though there is a history of
interaction with and the influence on the evolution of criminal law. Common law was derived
from legal precedents which were established many years ago and which were built upon each
other. In contrast, the United States criminal justice system derives mainly from laws which are
passed by legislatures at the federal and state levels. Common law can be understood as a legal
system which depends on previous rulings on new or similar cases. Common law is used in some
states in determining cases where statutory crimes do not exist. On the other hand, civil law
applies to those cases where statutes are available. Most criminal statutes are based on common
law. In those areas whereby criminal statutes are not clear on legal definitions, the court is left
with no option other than to revert to the available common law description.
Some of the possible examples of statutory laws include the country’s traffic regulations,
criminal codes, and tax laws. An example of a common law is the agreed rule which says that
3. Explore how social and legal aspects come into play in the context of your selections and
Some of the social and social aspects which come into play when statutory or common laws are
developed into criminal law are the behavior and actions incorporated within the law, rules,
SOURCES OF CRIMINAL LAW 3
principles, and expectations derived from, and cultural manifestations. Also, they explore
essential human values which are relevant to public law such as rejection of unfairness,
insistence on equality, respect to integrity, individuals’ dignity, and mercy among others.