SUAGM Criminal Justice Essay

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Law

Sistema Universitario Ana G Mendez Universidad Del Turabo

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Write an essay on the concept known as common law crimes. Define the concept and explain the difference between this type of crime and those found in the penal code.3 pages


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Explanation & Answer

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Common Law Crimes

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Common Law Crimes
U.S. Legal system is a common law system. It inherited the legal system from the British
during the colonization. England is the origin of this system. Although the U.S. has had
significant legal development since then, it has retained the common law system. In the common
law system, court precedents are sources of law. The previous court rulings determine becomes
the basis of determining crime. All future cases having similar facts and circumstances should be
ruled the same (Hessick, 2019). Thus, the previous rulings are common crimes. Anything they
prohibit is a crime. These laws could be written or unwritten. In common law systems, judges
have law-making authority. During the trial proceedings, if the judge finds a conflict between
laws, they can create new laws. Many statutes are brought to judges for interpretation (Solaiman
& Langsted, 2016). The way the judges interpret them is how they will be applied. Similarly, the
way the judge will define a crime is the way that crime will be addressed. The common law
system is premised on the doctrine of stare decisis. According to this doctrine, similar legal
issues should get equal treatment. Common law crimes are those crimes whose punishment is
pursuant to common law instead of criminal statutes.
Elements of Common Law Crimes
The prosecution of common law crimes relies on common law principles. These
principles have been made in the previous ...


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