Criminal law CAT

QUESTION ONE

i) Explain the meaning of law and describe the various types of law

Law is defined as the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties or any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.

Various types of law

There are four different types of law, criminal, civil, common and statuate.

Criminal law or Penal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment. This is a system of laws concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the people as a whole deciding whether to punish an individual for his conduct or lack of conduct for example omission). Just as the people decide what conduct to punish, so the people decide what punishment is appropriate. Accordingly, punishments vary with the severity of the offense from a simple fine for example for a traffic violation to loss of freedom such as for murder.

Civil law is a branch of the law. The law relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law. Civil law can, like criminal law, be divided into substantive law and procedural law. The rights and duties of individuals amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings. Because some courts have both civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts.

A common law legal system is characterized by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have precedential effect on future cases. The body of past common law binds judges deciding later cases to ensure consistent treatment and so that consistent principles applied to similar facts yield similar outcomes. In common law cases, where the parties disagree on what the law is, the court is usually bound to follow the reasoning used in past decisions of relevant courts. If the court finds that the current dispute is fundamentally distinct from previous cases, judges have the authority and duty to make law by creating precedent.

A statute is a formal written enactment of a legislative authority that governs a  state,  city or country. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies and distinguished from common law, which is decided by courts, and regulations issued by government agencies. As a source of law, statutes are considered primary authority as opposed to secondary authority.

ii) Outline the branches of domestic law and describe their uses

Branches of domestic law

The term domestic branch includes “any branch bank, branch office, branch agency, additional office, or any branch place of business located in any State of the United States or in any Territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands at which deposits are received or checks paid or money lent. The term "domestic branch" does not include an automated teller machine or a remote service unit. The term "foreign branch" means any office or place of business located outside the United States, its territories, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands, at which banking operations are conducted.

Branches of domestic law and their uses

Admiralty (Maritime) Law

Admiralty law regulates economic transactions and property disputes involving marine trade, sailors, navigation, or land-based activity that is maritime in nature. Admiralty Law is not, however, synonymous with the Law of the Sea, which is in the realm of international public law and deals with rights to navigation, minerals, or coastal waters jurisdiction.  Learn more at

Bankruptcy Law

Bankruptcy law applies to the insolvency problems of individuals as well as organizations. This type of law issues directly from the Constitution and is in the domain of Federal law, though State laws have an important effect on bankruptcy procedure.

Business (Corporate) Law

Corporate law involves the formation, dissolution, and all other legal aspects of the administration of corporations. Typical duties of corporate lawyers include mergers, acquisitions, internal reorganization, or disputes between corporations and individuals concerning liability, patents, and compliance with state and federal law, as well as international accords. A legal professional whose sole client is a corporation is generally known as in-house counsel

Civil Rights Law

Civil rights law aims to balance competing interests between institutions of government on the one hand and individuals or groups of individuals on the other. Lawyers in such practice may work on cases involving discrimination and unfair practices that infringe on rights and liberties such as expression, employment, housing, education, or other entitlements.

Criminal Law

Criminal law focuses on behaviors that are sanctioned under criminal code and defined as illegal. Prosecutors and District Attorneys sanction illegal behavior, while criminal defense lawyers represent clients accused of criminal activity. Both prosecution and defense professionals deal with issues of individual liberty, basic rights, and responsibilities. In some Common Law countries other than the U.S., and in most Civil Law countries, the roles of a prosecutor (or procurator) and defense lawyer (or advocate) are separated more clearly into different professional specialties.

Entertainment Law

Entertainment law predominantly relates to Intellectual Property Law, but is more specifically centered on rights and royalties issues to media in the arts, music, television, cinema, or athletics. Sports lawyers ensure compliance with regulations for professional or amateur athletics and may represent an athlete for a contractual transaction. With the rapid development of information technology and social media, entertainment lawyers operate in an environment of constant change.

Environmental Law

Environmental law concerns a multitude of statutes, treaties, regulations, and conventions based in state, federal, or transnational law. Legal professionals practicing in this field may represent government agencies, advocacy organizations, or individuals. Environmental lawyers often focus on cases involving natural resource management, the curbing of pollution, or disputes about land and littoral use. Public health components are increasingly common in the practice of environmental law.

Family Law

Family law focuses on legal relations between individuals in the context of the family. Lawyers in this field typically work in smaller firms and specialize in a variety of areas ranging from child welfare, through adoption, to divorce. Child abuse, legitimacy, civil unions, domestic partnerships, and marriages are among the main aspects of family lawyers' practice.

Health Law

Health law is an evolving field that focuses on legislation related to health care. Health law attorneys may represent patients, clinics, insurance companies, or individual health practitioners. The federal government employs attorneys in this field to oversee the crafting, implementation, and enforcement of policies. Health law specialists also work at academic institutions and biotechnology and pharmaceutical companies.

Immigration Law

Immigration lawyers work with individual clients at all stages of the naturalization process. Other aspects of the profession relate to refugee and asylum seekers, as well as to individuals in the country without legal permission. This field of law varies significantly from country to country. Much of its practice depends on international treaties, bilateral accords, and political conjecture.

Intellectual Property Law

Intellectual Property law focuses on protecting the rights of inventors, authors, and businesses to their tangible and intangible creations, inventions and symbols.  Legal professionals in this field are often experts in a particular domain, such as science, the arts, or an industry. For example, trademark or copyright attorneys manage the legal aspects of contracts, visual identity, brand names, or slogans. Technological advances, notably in digital reproduction and transmission, make this a dynamic field of law.

International Law

International law is broad in its conception and can be broken down into private and public sectors. In the private sector, specialists in international law may work in finance and trade divisions of multinational corporations. Familiarity with business essentials, as well as corporate law or intellectual property law would be helpful in this field.  In the public international law, practitioners would work on cases that involve dealings between sovereign nations.  Familiarity with comparative law or public international law would be most helpful for effective practice in this field. Both private and public international law are interdisciplinary in nature and would involve an understanding of the differences between common law and civil law systems across borders.

Labor (Employment) Law

Labor law is concerned with the relations between workers and their employers on matters ranging from wages and compensation, through harassment, to discrimination based on gender, disability, or age. Labor law often involves collective bargaining and unions. Attorneys in this field may represent individual clients, a union, a government regulatory agency, or an employer.

Military Law

Military law involves codes and procedures that govern legal matters in the armed forces. Since 1951, military law has been based on the Uniform Code of Military Justice. Legal experts in this field are typically members of the armed forces serving in the Judge Advocate General's Corps.

Personal Injury Law

Personal injury law deals with intentional or unintentional wrongdoing that affects individuals physically or psychologically. Experts in the field are well-versed in torts law and may work on cases involving medical malpractice, accidental collisions, product liability, wrongful death, or workplace injury. Many cases are settled out of court in this field of legal practice.

Real Estate Law

Real Estate law involves land or construction ownership, development, litigation, tenant rights, or landlord disputes. Attorneys in this field may work on residential or commercial transactions, review contracts, or work in planning and other government offices

Tax Law

Tax law is a dynamic field that deals with domestic and international transactions. Because of the frequent modifications to local, state, and federal codes and the complexity of fiscal policy that guides these changes, experts in tax law engage in continuous education at greater rates than in many other fields of law. Apart from ensuring the legality of the levies on economic transactions, tax lawyers help clients reduce fiscal liabilities.

iii) Explain the functions of law and their importance (5 pages)

The law serves many purposes and functions in society. Four principal purposes and functions are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.

a)     Establishing Standards

The law is a guidepost for minimally acceptable behavior in society. Some activities, for instance, are crimes because society (through a legislative body) has determined that it will not tolerate certain behaviors that injure or damage persons or their property. For example, under a typical state law, it is a crime to cause physical injury to another person without justification doing so generally constitutes the crime of assault.

b)    Maintaining Order

This is an offshoot of establishing standards. Some semblance of order is necessary in a civil society and is therefore reflected in the law. The law when enforced provides order consistent with society’s guidelines.

c)     Resolving Disputes

Disputes are unavoidable in a society made of persons with different needs, wants, values, and views. The law provides a formal means for resolving disputes the court system. There is a federal court system and each state has its own separate court system. There are also various less formal means for resolving disputes collectively called alternative dispute resolution (ADR).

d)     Protecting Liberties and Rights

The constitutions and statutes of the United States and its constituent states provide for various liberties and rights. A purpose and function of the law is to protect these various liberties and rights from violations or unreasonable intrusions by persons, organizations, or government. For example, subject to certain exceptions, the First Amendment to the Constitution prohibits the government from making a law that prohibits the freedom of speech. Someone who believes that his free speech rights have been prohibited by the government may pursue a remedy by bringing a case in the courts.

The four functions of law include defending people from evil, promoting the common good, resolving disputes and encouraging people to do the right thing. These four functions are essential to human welfare that they provide a basis for how society would optimally function. Defending people from evil declares that the law will protect humans from other people who want to do harm to mankind. Promoting the common good essentially provides support to those who organize themselves into a group to fight for specific rights.

In the case of resolving disputes, it provides support to people who cannot agree with another person, such as during a divorce. Encouraging people to do the right thing came about during Aristotle's time, but it still remains true today. Having a law system helps people feel more comfortable about reporting injustices and crimes that they may witness.

QUESTION TWO

Discuss in detail the meaning and importance of criminal law. Describe the branches of criminal law and their uses (4 pages)

Criminal law or Penal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment. Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime.

The importance of criminal law which are widely accepted for enforcement of the criminal law by punishments include: retribution, deterrence, incapacitation, rehabilitation and restoration.

i.        Retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be executed himself. A related theory includes the idea of "righting the balance."

2. Deterrence – Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses.
3. Incapacitation – Designed simply to keep criminals away from society so that the public is protected from their misconduct. This is often achieved through prison sentences today. The death penalty or banishment have served the same purpose.
4. Rehabilitation – Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.
5. Restoration – This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law, i.e., returning the victim to his or her original position before the injury.

Describe the branches of criminal law and their uses

Branches of criminal law uses

QUESTION THREE

Explain the meaning of public policy. Describe the role of public policy in governance describe the process of public policy formulation and implementation (5 pages)

Public policy refers to the actions taken by government its decisions that are intended to solve problems and improve the quality of life for its citizens. At the federal level, public policies are enacted to regulate industry and business, to protect citizens at home and abroad, to aid state and city governments and people such as the poor through funding programs, and to encourage social goals.  

Role of public policy in governance

Public policy is important because policy choices and decisions made by those in power affect nearly every aspect of daily life, including education, healthcare and national security. Public policy decisions are made daily and cover all levels of government. Some public policy decisions are made at the level of local government, while others are made by county officials and policymakers at the national and international levels

Process of public policy formulation and implementation

The steps involved in policy making process include problem identification, agenda setting, policy formulation, budgeting, implementing and evaluation. A breakdown in any of these steps may end up compromising the quality of results achieved

There are several steps in the policy-making process and why each one is important.

Problem identification

At this stage, stakeholders raise concerns regarding a policy or issue that affects the public or organization. The problem is then defined in clear terms and mass media, parties or interest groups raise it in relevant forums for consideration.

Agenda setting

The problem identified is pushed through various organs in order to get discussed. This push for discussion eventually leads to allocation of time for discussion by relevant authorities.

Policy formulation

Solutions or policies are then made in order to deal with the problem that was raised and discussed. Inaction or defeat of a proposal at this stage is still regarded as policy making.

Budgeting

Once a policy is authorized, relevant authorities can then allocate resources or money toward its implementation. This is called budgeting since it involves resource allocation for many policies.

Implementation

Executives in charge of putting policies into action are then given the opportunity to implement the requirements set out in the policy.

Evaluation

Here various stakeholders examine the policies against the results produced in order to know if the policy is working or not. According to the results of evaluation, improvement or change of policy may be recommended.