14.6 Sources of Criminal Law

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The rules that are enforced by the government are found in common law, rules, constitutions, legislation, and decisions of courts and orders of administrative agencies.  So, let’s talks about the 14.6 Sources of Criminal Law:-

1. United States Constitution and the Federal Statutes.

The Constitution is the supreme law as we know it definitely deals with some criminal law and procedure. There is also a series of federal laws that deal with a federal criminal laws and what the actual elements of different crimes in certain prescribed punishments should be for those crimes. So those are what we call kind of like the highest level of law, certainly the constitution is going to apply in all cases, but federal law and constitutional law are going to apply at the state level as well. Though, most criminal law is actually at the state level,

2. State Constitutions and Statutes.

This is where most laws are going to be defined as it relates to criminal law. For instance: murder, robbery, burglary, theft, rape. These are the types of things that are going to be dealt with at the state level, and are going to be found in the state statutes.

3. Common Laws

14.6 deals with the common laws, we know that judge made law or case law and that’s something that can change from jurisdiction to jurisdiction. Of course, any common law that is made by the Supreme Court is going to matter more than anything else, but each state is going to have its own different interpretations of what the actual statutes mean, and that becomes important in binding.

4. Administrative Rulings

14.6 deals with administrative rulings, so sometimes law enforcement agencies, the environmental protection agency will have the capacity to make certain rules and rulings that will implicate or further define exactly what a criminal action is under a statute and those, of course, are going to be relied on heavily in criminal prosecutions.