SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW 1 Essay Example

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    Law
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    Assignment
  • Level:
    Undergraduate
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    2
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Substantive Criminal Law and Procedural Criminal Law

Substantive Criminal Law and Procedural Criminal Law

Law is one of the most powerful and important tools within the society. Law tends to affect all people, as well as most of life from work to leisure. Additionally, law proves to be complex in theory, as well as application in pursuit of the goals and targets. In diverse definitions, law incorporates set of rules or ‘general standards of conduct’ developed and enforced by the relevant government officials. Laws consist of norms or standards of behaviour enforced by coercion, authority, and courts of law. The purpose of this research essay is to explore the essential difference between substantive criminal law and the procedural criminal law through integration of examples of each law.

From a definitional perspective, Substantial Criminal Law refers to the set of standards or norms with the ability and potentiality to prohibit certain forms of conduct by defining crimes and establishing the parameters of penalties. From this perspective, it is possible to refer to the substantive criminal law as the general principles and detailed rules with the ability and potentiality to define the legal rights, as well as duties (Reichel, 2002). One of the glaring examples of the substantive criminal law is the definition of a minor. In this context, the law defines a minor as a person under the age of legal competence. In most instances and states, the minority age ends at 18-years-old. In other instances, such as the procurement and consumption of alcoholic beverages, the minority might end at the age of 21-years-old. Other examples of the substantive criminal law include partnerships, torts, contracts, and criminal laws. Evidently, the procedural criminal laws integrate diverse set of rules governing the proceedings of the court in the midst of the criminal lawsuits, as well as the civil and administrative proceedings (Ashworth & Horder, 2013). It is the obligation of the court to conform to or adhere to the standards setup in accordance with the procedural law during the proceedings. These rules have the ability to ensure fair practice, as well as consistency during the ‘due process.’

Alternatively, Procedural Criminal Law refers to the set of standards or norms with the ability and potentiality to regulate the enforcement of the substantive law, the determination of guilt, and the punishment of those found guilty of crimes. These are the general principles and detailed rules with the ability and potentiality to define the methods of administering the substantive criminal laws within the society (Norrie, 2014). One of the examples of the procedural criminal law is the integration of the rules of evidence such as the hearsay rule. Additionally, the procedural criminal law might incorporate methods of filing the lawsuit such as the eventual requirement of the complaint, as well as the service of summons. Another element or example of the procedural criminal law is the ability to seize assets of the judgment debtor, which the law requires the creditor to file the affidavit as to the debtor’s ownership of the assets under seize (Herring, 2014). Other examples of the procedural criminal law include the administrative procedure, appellate procedure, criminal procedure, evidence, and civil procedure. Categorically, substantive criminal law deals with the emerging legal relationship between citizens and the state through defining the rights, as well as duties of the people rather than laying down the rules to facilitate implementation or enforcement of the law (Costello, 2015).

One of the most effective ways to differentiate the two forms of laws in this case is to explore the structure and component or content. From this perspective, it is ideal to engage in the assessment of the structure and content of the substantive laws of the structure and content of the procedural laws. In this aspect, the focus is on the utilization of a case study of an accused undergoing trial. In the first instance, substantive law will have the role to prescribe the punishment the individual will face upon conviction. Similarly, substantive law provides a definition of the types of crime, as well as severity in accordance with the factors such as likelihood of reoffending, hate crime, and aspects of self-defence (Zahar & Sluiter, 2007). Substantive law also engages in the course of defining the rights and responsibilities of the person undergoing trial. Alternatively, the procedural law offers the tool to the state to engage in enforcement of the substantive laws among the people. From this illustration, procedural law integrates the rules and norms, which the court uses to hear, as well as determine the unfolding of the criminal and civil proceedings. Procedural law provides the platform for the development and administration of the substantive laws. Conclusively, substantive law focuses on the substance of the case, as well as handling of the charges and facts. Alternatively, procedural law offers systematic approach on the proceedings in pursuit of the goals or desired outcomes. The role of the procedural law is to enable courts make decisions on the suitability of the case for trial or otherwise.

References

Ashworth, A., & Horder, J. (2013). Principles of criminal law. Oxford University Press.

Costello, J. L. (2015). Virginia Criminal Law and Procedure. LexisNexis.

Herring, J. (2014). Criminal law: text, cases, and materials. Oxford University Press, USA.

Norrie, A. (2014). Crime, reason and history: A critical introduction to criminal law. Cambridge University Press.

Reichel, P. L. (2002). Comparative criminal justice systems: A topical approach. Upper Saddle River, NJ: Prentice Hall.

Werle, G., & Jessberger, F. (2014). Principles of international criminal law. OUP Oxford.

Zahar, A., & Sluiter, G. K. (2007). International criminal law.