The term criminal law also known as penal law in U.S. is used to represent substantive criminal statutes. For instance, the law barring manslaughter is substantive criminal law. The criminal law defines delinquencies and highlights their punishments. On the other hand, the criminal procedure outlines the how the criminal law should be reinforced. The criminal legislation comprises of the hearing in personтs state for law-breaking. In fact, the vast majority of misconducts that happens in the U.S. are put on trial and punished at the state level. Though the same law serves states in the United States of America concerning offenses such as rape, theft and murder penalties, differ from one state to the other. The judgments also may vary from one judge to the other depending on individual’s conclusions. The penal law deals with bribery, child abuse, murder, theft, hacking, embezzlement, manslaughter, prostitution, human trafficking, drug smuggling, sex abuse, homicide, felonies, cybercrimes, weapon trafficking, perjury, arson among others. However, the implementation of the law has its gains and hindrances. Henceforth, centered on the criminal law the study moves unfolding its pros and cons.
American is a democratic state; in other words, a government of the people and for the people. Possibly that is the chief reason why the government as passed the criminal law which is aimed at protecting the civilians from crimes. Henceforth, its first virtue is that it is intended to protect Americans from delinquencies. For instance, human trafficking is an exploitive practice. Henceforth, the need for an act that will penalize the individual involve in the illegal business. The adverse effects of drug abuse in society are well known. They range from addiction to a set of misconducts which include stealing to get cash for the purchase of the drugs. Thus, a bill that defines drug trafficking and punishes individuals who practice drug trafficking is fundamental to the society. It helps ensure these culprits are brought to the law. The other example is the case of raping. What could aid in the conviction of the rape perpetrators, were it not for the law? Henceforth, this few examples demonstrate how the criminal legislation enhances the right to liberty, by protecting the citizens from crimes.
The other advantage of criminal law is that it improves security. If things like burglary, rape, corruption, manslaughter and weapons trafficking were not punishable; the society was to be full of evil. But with the penal law, the perpetrators are at risk of being penalized any time they are identified. Also, embezzlement of public funds would have weakened the economy. Besides, the traders would have moved to other safe nations due to insecurity. Thus, denying Americans job opportunities from the trade industry; hence, resulting in poor living standards. Imagine a society where cyber-crimes are not indictable, with all the freedom cyber-crimes would have worsened. Also, arson manslaughter would have been on the rise. Henceforth, the penal law is the foundation stone of security.
The notion that for every advantage there is a disadvantage is true when it comes to criminal law. For instance, the above section demonstrates how the criminal law helps in enhancing security and protecting the citizens from crimes, but the ruling has some drawbacks attached to it. One of these hindrances is when an innocent person is held responsible for an offense he/she did not do. This happens commonly when the criminal attorneys fail to distinguish the victim from the culprits or wrongly conclude that the subject committed a crime based on the available evidence. Also, it might happen when an innocent suspect is arrested within the criminal site at the time of the offense and fails to defend himself during the hearing. Thus, the prosecutors have no otherwise other than holding the suspect responsible.
Moreover, criminals are very cunning; hence, they may direct a crime using their followers and escape without being noticed. This is a common feature in drug trafficking, human trafficking and weapon trafficking whereby leaders of these illicit networks plan a criminality and assign it to their followers. If the incident is revealed, the individuals who conducted the offense are the ones who would face trial, not the network leaders. It is worse if an innocent citizen finds himself in the business unknowingly; since he will be penalized for an act, he was not aware of. The last demerit of the criminal is when those people who seem to be innocent lose cases. It is crooked to see people perceived not guilty being convicted.
In conclusion, the criminal law is like a sharp sword that cuts on both sides. For instance, its values, which are enhancing security and protecting the people from crimes, are indisputable; however, its cons are very discouraging. Hence, the lawmakers should develop a strategy that will cut these shortcomings from society. The bill will call for scrutiny of crime before condemning the suspects. This includes ensuring illicit network leaders are brought to the law. Also, it will alleviate cases where the innocent people are sentenced for crimes committed by other individuals. Henceforth, though the government has made significant progress in making and enacting substantive criminal laws still there is room for improvement.
Siegel, L. J., & Senna, J. J. (2009). Essentials of criminal justice. Belmont, CA: Wadsworth Cengage Learning.
The study focuses on the penal law but goes a step further in evaluating and unfolding details about the agencies of justice and process implemented in the identification of criminal offenders. Centered on its study area, the United States of America, the guide exposes issues concerning citizensт rights. It discloses critical issues in criminal justice as well as efforts to alleviate terrorism. Henceforth, revealing how the criminal law is fundamental in protecting Americans from delinquencies.
Storey, T., & Lidbury, A. (2009). Criminal law. Cullompton, Devon, UK: Willan.
The edition examines the consequences of a reform agenda and evaluates the significance, repercussion, and effects of the governmentтs pledge ensure culprits are convicted. The study explores growing culture in criminal justice, especially when dealing with sexual abuse and domestic violence. Hence, revealing the circumstances under which people who seem to be innocent lose cases.
Wagner-von, P. F., Stephan, A., Kovacic, W. E., Viros, D., & Zimmer, D. (2016). Individual sanctions for competition law infringements: Pros, cons, and challenges. (Concurrences, 2016, 2, 14-44.)
The paper focuses on substantive harmonization of criminal justice. It offers an oversight of the current state of endorsements in the European Union. It also analyzes the challenges surrounding individual sanctions implemented at member state level only. Additionally, it examines how the aspect of humanity is well-preserved by member states. The study also examines the benefits and setbacks of introducing further individual in a given criminal sanction. The most striking thing about the article is the manner in which surveys the experience within the penal law in the UK, France, Germany and the United States of America, presenting feelings towards competition act infringement in the U.S. and other member states. Hence, demonstrating circumstances under which an innocent person is held liable for a mistake done by another person. Besides, demonstrates how members can improve their security by implementing the criminal law.