Substantive Law Versus Procedural Law
Understanding American criminal law concepts is a necessity for a criminal justice major. Chapter 3 of the text is devoted to explaining the principles and concepts of substantive and procedural law under due process of the American criminal justice system. In order to examine global criminal activity, students must first examine the system under which they are required to abide by and uphold as criminal justice majors. What is the difference between substantive criminal law and procedural criminal law? Can you provide an example of these concepts for crimes in the United States as well as international crimes? Evaluate if global criminal activity also operates under the substantive criminal law and procedural criminal law concepts?
Your initial post should be at least 400 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
Reichel, P. L. (2018). Comparative criminal justice systems: A topical approach (7th ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Baumann, P. T., Brown, J. O., & Subrin, S. N. (1992). Substance in the shadow of procedure: The integration of substantive and procedural law in Title VII cases (Links to an external site.). Boston College Law Review, 33(2), 211-303. Retrieved from http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1948&context=bclr
Gerdy, K. B. (2000). What is the difference between substantive and procedural law? And how do I research procedure? (Links to an external site.) Perspectives: Teaching Legal Research and Writing, 9, 1-4. Retrieved from http://info.legalsolutions.thomsonreuters.com/pdf/perspec/2000-fall/2000-fall-3.pdf
Melville, J. D., & Naimark, D. (2002). Punishing the insane: The verdict of guilty but mentally ill (Links to an external site.). The Journal of the American Academy of Psychiatry and the Law, 30(4), 553-554. Retrieved from http://www.jaapl.org/content/30/4/553.full.pdf
United Nations Office on Drugs and Crime. (2012). Digest of organized crime cases: A compilation of cases with commentaries and lessons learned (Links to an external site.). Retrieved from http://www.unodc.org/documents/organized-crime/EnglishDigest_Final301012_30102012.pdf
PBS. (n.d.). Insanity defense FAQs (Links to an external site.). Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
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