Florida international university ccj2020 chapter 2

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Chapter 2 Discussion Questions: #4-6

4. How is substantive law related to procedural law?

According to the text substantive law is defined as “what makes behavior a criminal act under the law”, it

also is the type of law that determines punishment that is administered for the type of crime committed.

Statutory law and substantive law are described as the same thing. Procedural law “provides the legal

structure and rules by which cases should move through the system”. Procedural law makes sure that a

person’s rights are protected, an example of this would be Miranda laws which provides citizens with

their rights when being arrested. The relationship between the two types of laws is that procedural law

provides the structure, without that structure it would be difficult to enforces crimes in the way that

substantive law does. When a citizen is arrested for committing a crime there is a consequence tied to that

crime, however, without rules on how and when the law much be enforced trials could last forever or be

too brief because certain components may be overlooked. Other things that could occur is the abuse of

power. Without procedure, criminal justice officials would be able to arrest for any reason without regard

for the rights of individuals. A possible example would be something such as having to get a warrant

before searching someone’s home or private property. If this process did not exist, the rights of citizens

would be compromised.

5. What is the difference between being declared innocent and being declared not guilty?

When someone is declared innocent is means that that person has not committed nor was involved in a

criminal act. Sometimes innocence is not discovered until it is too late, according to the text, research

shows that there are many wrongful convictions. Something that is striking is that obviously someone

who did not commit a crime would not admit guilt, however, certain people who have some sort of mental

defects may confess to crimes that they did not do ( I think this happens even with people who do not

have mental defects as well for reasons that occur outside of standard procedure). This disregard for

people belonging to vulnerable or marginalized populations could contribute to the high number of

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Chapter 2 Discussion Questions: #4-6 4. How is substantive law related to procedural law? According to the text substantive law is defined as “what makes behavior a criminal act under the law”, it also is the type of law that determines punishment that is administered for the type of crime committed. Statutory law and substantive law are described as the same thing. Procedural law “provides the legal structure and rules by which cases should move through the system”. Procedural law makes sure that a person’s rights are protected, an example of this would be Miranda laws which provid ...
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