CRIM 12000 Chapter Notes - Chapter 3: Admiralty Law, Mens Rea, Strict Liability
16 Sep 2018
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Document Summary
The development of the criminal law has been episodic, uneven, and political. Rule of law- in the context of criminal justice, the government cannot punish any individual without strict adherence to clear, fair, and defined rules, laws, and procedures. Code of hammurabi: the laws of the ancient babylonian king hammurabi are some of the earliest known written laws, the laws followed the eye-for-an-eye philosophy, all complex human societies are likely to have some form of law. Sources of law: constitutions, statutes, case law, administrative rules and executive orders. Statute- a law enacted by a legislature- published in penal codes. Case law- published decisions of courts that create new interpretations of the law and can be cited as precedent. Administrative rules and executive orders- heath, environment, customs, and parole agencies have the authorities to enact rules that limit freedoms of individuals within their influence.
