ESSAY HELP | What is the essential difference between substantive criminal law and procedural criminal law?

What is the essential difference between substantive criminal law and procedural criminal law? Give examples of each. All initial All initial posts should reference the textbook, Criminal Law & Procedure, and, at least one outside source.

SAMPLE SOLUTION

Substantive criminal law and procedural criminal law are two basic classes of law within the existing dual court system in the United PLACE YOUR ORDER NOW AT writtask.com | laws play different but very significant roles in PLACE YOUR ORDER NOW AT writtask.com | the rights and privileges of American citizens and non-citizens in the PLACE YOUR ORDER NOW AT writtask.com |criminal law refers to certain rules that are used to determine the outcomes and the process of a criminal case. For example, a law stating PLACE YOUR ORDER NOW AT writtask.com | it will take a certain number of days to file a response to a PLACE YOUR ORDER NOW AT writtask.com | criminal law refers to specific rules that describe how people are meant to behave PLACE YOUR ORDER NOW AT writtask.com | on the social norms set forth (Sandefur, 2015). For example, a provision that says: “Thou shall not commit murder.”

Procedural criminal law, as the name suggests, provides the courts with the process through which a criminal case will go through regardless of whether the case merits to proceed PLACE YOUR ORDER NOW AT writtask.com | law helps in determining how a particular proceeding regarding the enforcement of substantive criminal laws will be carried out. Substantive criminal law, on the other hand, deals with how the facts in a given case will be addressed and how the offense committed is to be PLACE YOUR ORDER NOW AT writtask.com | criminal law focuses on the substance of the crime at hand, whereas procedural law deals with how the criminal case will proceed.

Procedural law is PLACE YOUR ORDER NOW AT writtask.com | by each individual jurisdiction within a PLACE YOUR ORDER NOW AT writtask.com | state and the federal courts PLACE YOUR ORDER NOW AT writtask.com | their own procedures that must be PLACE YOUR ORDER NOW AT writtask.com | criminal law comes from state legislature and the common law, which is a law based on social norms and customs that need to be enforced by courts. Both laws PLACE YOUR ORDER NOW AT writtask.com | from one state to the other, and therefore there is need for one to seek clarity from an attorney within their jurisdiction to help in understanding the laws.

References

Cryer, R., Robinson, D., & Vasiliev, S. (2019). An introduction to international criminal law and procedure. Cambridge University Press.

Sandefur, R. L. (2015). Elements of professional expertise: Understanding relational and substantive expertise through lawyers’ impact. American Sociological Review, 80(5), 909-933.