Description
These questions come from chapter 1 and 2 of textbook Scheb, John, Criminal Law and Procedure, 8th edition, ISBN 9781285070117, Cengage Publisher, if that helps.
- What are the essential elements of a crime? How does a crime differ from a tort?
- What is the essential distinction between a felony and a misdemeanor?
- What is the difference between the substantive and the procedural criminal law?
- How was the English common law important in the development of the American system of criminal justice?
- What is the relationship between criminal law and societal morality?
- What is the relevance of the U.S. Constitution to the system of criminal justice?
- What are the roles of courts and legislatures in the development of the criminal law?
- What are the essential elements of a case brief?Why are students of the law taught to brief cases?
- What are the principal stages of a criminal prosecution from arrest to appeal?
- What kinds of punishments are typically imposed on persons convicted of felonies?
- Explain the different functions that a defense attorney serves in the criminal justice system.
- What is the role of a grand jury? How does it contrast with the functions that a petit jury performs?
- What are the principal differences between trial and appellate courts with respect to role, function and procedure?
- Why does the U.S. Supreme Court exercise considerable discretion in deciding which cases to review?
- What led to the Supreme Court’s decision in In re Gault (1967) and what impact did it have on the rights of juveniles and on the juvenile court system?
Explanation & Answer
Attached.
Running head: ASSIGNMENT
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Assignment
Name
Institution
ASSIGNMENT
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Assignment
The essential elements of a crime are the act and the malicious thought. They are usually
referred to as the actus reus and the mens rea respectively (Scheb, 2014). The actus reus is
usually what is set out in the criminal code of a particular state or through the federal laws in a
particular jurisdiction. For a prosecution to prove a crime, the proof that a person has committed
the actus reus is provided on a standard that quantifies the act beyond the reasonable doubt. A
crime is different from a tort because the former exists in criminal law while the latter exists in
civil procedure.
Both misdemeanors and felonies are crimes that are governed by the criminal justice
system. The distinction between the two comes about when one considers the severity of the
criminal act in question. A far-reaching crime is as a felony. The less severe offenses are called
misdemeanor (Scheb, 2014). As a matter of fact, the only distinction between a crime and a
misdemeanor is the length of the prison sentence meted out for each. The former attracts a prison
sentence of more than three years while the latter attracts a penalty of less than three years.
Substantive and procedural criminal laws are two mechanisms of achieving just results.
Even though they are separate, the distinction between the two is based on the way in which each
achieves its objective. Scheb argues that the two arms of criminal justice exist in order to uphold
the rule of law. The substantive criminal law concerns itself with defining the offenses, the
thresholds of mens rea and actus reus that are necessary for the crime to be actionable. The
procedural law helps to actualize ...
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