ASSIGNMENT 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.

MODEL ANSWER

Procedural or remedial law provides a guideline on how case proceedings should be conducted, regardless of whether a trial is held PLACE YOUR ORDER NOW AT writtask.com |the application of fair and consistent measures in all the court cases (Cryer, Robinson & Vasiliev, 2019). Substantive law, on the other hand, describes the handling of the facts in a case. In other words, it deals with the evidence presented in PLACE YOUR ORDER NOW AT writtask.com |claims and defense depends on the proceedings of the procedural law.

In the US, procedural criminal laws vary depending PLACE YOUR ORDER NOW AT writtask.com | outlined in a set of rules known as a code of criminal operations. In most jurisdictions, they follow a standard set of rules. For instance, there must be a probable cause for all PLACE YOUR ORDER NOW AT writtask.com | should present the charges (Kadish, Schulhofer & Barkow, 2016). The arraignment should be in line with the costs. Moreover, the defendant should be made aware of the court PLACE YOUR ORDER NOW AT writtask.com |that the police officer files the charges against the person within a given period. For instance, if an officer is arrested for sexual abuse, the officer should inform the suspect of their charges within 72 hours of arrest.

Substantive laws PLACE YOUR ORDER NOW AT writtask.com | the behavior of the people according PLACE YOUR ORDER NOW AT writtask.com |he law. The punishment for breaking any of the outlined rules is then set. It acts as a determinant of whether there is evidence of criminal activity, the charges for PLACE YOUR ORDER NOW AT writtask.com | crime as well as whether the proof is in line with the PLACE YOUR ORDER NOW AT writtask.com | is arrested for drunk driving, the law enforcer must prove that the PLACE YOUR ORDER NOW AT writtask.com | person was driving the vehicle. Besides, the person must be behaving in a way that suggests that they are under the influence of PLACE YOUR ORDER NOW AT writtask.com | fails the breathalyzer test, it’s the officer’s mandate to …

References

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

Kadish, S. H., Schulhofer, S. J., & Barkow, R. E. (2016). Criminal law and its processes: Cases and materials. Wolters Kluwer Law & Business.