CJ 100 Lecture Notes - Lecture 15: Internal Revenue Service, Federal Trade Commission, Larceny
Sources of Criminal Law
Criminal law defines crimes; sets the procedures for arrests, searches and seizures, and
interrogations; establishes the rules for trials; and specifies the punishments for offenders. Where
does criminal law come from?
Common law
Common law, which is known as judge made law, came into existence in England ‐
during the twelfth century. Judges created common law by ruling that certain actions
were subject to punishment and defined offenses such as murder, rape, arson, and
burglary as crimes against the state. Over time, British judges' law decisions produced a
body of unwritten laws and customs. This law formed the basis of the legal system in
the American colonies.
One of the main parts of common law is the law of precedent. Once a court makes a
decision, it is binding on other courts in later cases presenting the same legal problem.
The principle of stare decisis relates to the law of precedent. It literally means to “let the
decision or precedent stand.” This principle guides courts in making decisions in similar
cases and ensures fairness in the judicial process.
Constitutions
Article VI of the U.S. Constitution asserts that “This Constitution … shall be the supreme
Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding.” If any other types of
law conflict with the Constitution, the U.S. Supreme Court can strike them down as
unconstitutional. States make their own constitutions and all local laws are subordinate
to them.
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Document Summary
Criminal law defines crimes; sets the procedures for arrests, searches and seizures, and interrogations; establishes the rules for trials; and specifies the punishments for offenders. Common law, which is known as judge made law, came into existence in england during the twelfth century. Judges created common law by ruling that certain actions were subject to punishment and defined offenses such as murder, rape, arson, and burglary as crimes against the state. Over time, british judges" law decisions produced a body of unwritten laws and customs. This law formed the basis of the legal system in the american colonies. One of the main parts of common law is the law of precedent. Once a court makes a decision, it is binding on other courts in later cases presenting the same legal problem. The principle of stare decisis relates to the law of precedent.
