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2. Sources of criminal law

2. Sources of criminal law. CJ 297: Criminal Law Mount Mercy University. Four sources of criminal law. Constitutions Statutory Law Administrative Law Case Law. 1. constitutions. U.S. Constitution Basic legal principles/foundation Criminal laws cannot violate State Constitutions

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2. Sources of criminal law

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  1. 2. Sources of criminal law CJ 297: Criminal Law Mount Mercy University

  2. Four sources of criminal law • Constitutions • Statutory Law • Administrative Law • Case Law

  3. 1. constitutions • U.S. Constitution • Basic legal principles/foundation • Criminal laws cannot violate • State Constitutions • Mirror U.S. Constitution • Cannot contradict U.S. Constitution • Can grant greater individual rights

  4. 2. Statutory law • Written • Compiled in Codes • U.S. Code • State Codes • Local Codes • Statute must be violated

  5. 3. Administrative law • Legislature delegates authority • Specialization • Examples

  6. 4. Case Law • Written decisions of judges (appeals) • Hierarchy & stare decisis • Interpret laws • Ensure statutes don’t violate constitutions

  7. federalism • Two-tiered system of government • National (federal) • States

  8. federalism • Why is it important to criminal law? • Criminal law left to States • A few national exceptions • Crimes at sea, on waterways • Crimes on federal property • Crimes that cross state boundaries

  9. federalism • Federal Court Structure Federal Courts U.S. Supreme Court   Appeals Court   District Court/Trial level State Courts State Supreme Courts   Appeals Court   District Court/Trial level

  10. Trials v. appeals • Grounds for Appeal • Legal Error • Appeals make Case Law

  11. Case law examples • Hierarchy • Stare decisis • Exception: Overrule • Plessy v. Ferguson (1896): separate but equal • Brown v. Board of Education (1954) • Bowers v. Hardwick (1986): sodomy v. privacy • Lawrence & Garner v. Texas (2003)

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