[...]... the laws by deciding particular cases State Legislatures enact laws setting forth state criminal prohibitions and penalties State and Local Law Enforcement, Prosecutorial and Corrections Agencies State Court Systems interpret state laws by deciding particular cases FIGURE 1.1 Overview of the American system of criminal law and procedure Figure 1.1 provides an overview of the system of criminal law and. .. the development of the criminal law, the distinction between substantive and procedural criminal law, and the stages of the criminal process Chapter 2 examines the organization of the criminal justice system, with emphasis on the roles of legislatures, courts, and other governmental actors in developing the criminal law Part II surveys the substantive criminal law from its common -law sources to its modern... Is a Crime? Origins and Sources of the Criminal Law Constitutional Limitations The Role of Courts in Developing the Criminal Law The Criminal Process Criminal Sanctions Conclusion Chapter Summary Key Terms Questions for Thought and Discussion 2 CHAPTER 1 | Fundamentals of Criminal Law and Procedure ■ 3 In what many in the media called the “trial of the century,” former football and movie star O.J Simpson... students need to know most are the basic concepts of criminal law and procedure concepts rooted in the English common law, the United States Constitution, and the fifty state constitutions Thus we continue to emphasize the common -law background and constitutional foundations of criminal law | An Overview of the Text Part I furnishes an overview of the criminal law Chapter 1 introduces the reader to basic concepts,... revised and supplemented the common law The adversarial system of justice continued, however, and most of the common -law felonies remain part of our criminal law today Reception of the Common Law in America Our criminal laws are rooted in the common law as it existed when America proclaimed its independence from England in 1776 After independence, the new American states adopted the English common law. .. 5 the relevance of the U.S Constitution, Bill of Rights, and the constitutions of the fifty states to the criminal justice system 6 the different roles of legislatures and courts of law in developing the criminal law and procedure 7 how to read citations to statutes and cases and how to “brief” a case 8 basic procedural steps associated with criminal prosecutions 9 the variety of sanctions imposed... common law, but many of the old common -law crime definitions have been modified to account for social and economic changes For example, the offense of CHAPTER 1 | Fundamentals of Criminal Law and Procedure ■ 11 rape originated under English common law, but the offense is defined much differently under modern state statutes Today, under most state laws, the offender and victim may be of either sex, and. .. Fundamentals of Criminal Law and Procedure ■ 9 | Origins and Sources of the Criminal Law Many antisocial acts classified as crimes have their origin in the norms of primitive societies Humanity has universally condemned certain types of behavior since ancient times Acts such as murder, rape, robbery, and arson are considered mala in se, or inherent wrongs Many other acts that the modern law regards as criminal. .. substantive and procedural rules governing the everyday operation of the criminal justice system Substantive criminal law prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties Procedural criminal law regulates the enforcement of the substantive law, the determination of guilt, and the punishment of those found guilty of crimes For example, although substantive law. .. responsible for enacting laws that specify crimes and punishments The executive branch is responsible for enforcing those prohibitions and for carrying out CHAPTER 1 | Fundamentals of Criminal Law and Procedure ■ 5 the punishments imposed by the judicial branch, but it is the judicial branch that interprets the laws and ensures that persons charged with crimes receive fair treatment by the criminal justice . 5 Felonies and Misdemeanors 5 Societal Interests Served by the Criminal Law 5 Criminal Law, Morality, and Justice 6 Crime: An Injury against Society 7 Criminal. Role of the Crime Victim 8 Criminal Law Distinguished from Civil Law 8 Origins and Sources of the Criminal Law 9 Development of Law in the Western World