CJ 100 Lecture Notes - Lecture 16: Procedural Law
The Nature of Criminal Law
To understand criminal law, it is necessary to distinguish criminal from civil law and to know the
difference between substantive and procedural law.
Criminal law versus civil law
All law other than criminal law is known as civil law. It includes tort law (private wrongs
and damages), property law, and contract law. Differences between criminal law and
civil law are important because criminal proceedings are separate from civil actions.
Table shows these differences.
Criminal law encompasses both substantive criminal law and criminal
procedure. Substantive lawdefines proscribed behaviors and specifies penalties. Laws
concerning murder, rape, and robbery are substantive in that they define unlawful
acts. Procedural law consists of rules stating how the government proceeds against an
individual accused of committing a crime. 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 process. If the
government violates procedural law, that violation can be grounds for appeal and for a
reversal of a criminal conviction.
Functions of Criminal Law
Criminal law serves several purposes and benefits society in the following ways:
Maintaining order. Criminal law provides predictability, letting people know what
to expect from others. Without criminal law, there would be chaos and
uncertainty.
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Document Summary
To understand criminal law, it is necessary to distinguish criminal from civil law and to know the difference between substantive and procedural law. All law other than criminal law is known as civil law. It includes tort law (private wrongs and damages), property law, and contract law. Differences between criminal law and civil law are important because criminal proceedings are separate from civil actions. Criminal law encompasses both substantive criminal law and criminal procedure. Laws concerning murder, rape, and robbery are substantive in that they define unlawful acts. Procedural law consists of rules stating how the government proceeds against an individual accused of committing a crime. 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 process.
