3. Summary
Summary
The U.S. Criminal Justice System consists of many “parts and pieces” with constitutional law and criminal law being the two bodies of law that are the most relevant.
The federal Constitution establishes the three branches of government—the Legislative (Congress), the Executive (President), and the Judicial (Courts) with each branch having a different role. The Constitution sets out the various “checks and balances” each branch of government exerts over the other two branches. Both federal and state constitutional provisions affect the construction, interpretation, and application of crimes and the investigation and prosecution of criminal offenses. The U.S. Constitution and the Bill of Rights provide numerous rights and privileges that govern criminal offenses’ creation, investigation, and prosecution of criminal offenses.
Criminal law, enacted by the Legislative Branch, enforced by the Executive Branch, and interpreted by the Judicial Branch, consists of substantive criminal law (crimes) and procedural criminal law (rules for investigating and prosecuting cases). Substantive criminal law can be divided into various categories based on the type of crime (crimes against property v. crimes against persons.), the severity of the possible sentence (felony, misdemeanor, infraction), jurisdiction (federal or state), and nature of the crime (morally wrong v. legally wrong). Crimes consist of various elements or parts, all of which must be proven beyond a reasonable doubt by the prosecution to convict a defendant. A variety of statutory defenses are available to defendants that, if established, provide complete exoneration. Additionally, several limitations on the prosecution restrict or completely bar prosecution for a criminal offense. Further, a variety of constitutional issues exist that, like defenses, either completely bar a defendant’s prosecution for a criminal offense (illegal search or arrest, violation of a defendant’s right to remain silent or right to counsel, violation of Due Process, etc.) or otherwise affect evidentiary issues.
Both constitutional law and criminal law are evolving and ever-changing with regard to how the U.S. Criminal Justice System works or sometimes does not work to ensure fair, impartial, and equitable treatment of all members and groups within U.S. society.
Finally, a variety of law-related employment opportunities and career paths exist for those interested in working in or with the legal component of the U.S. Criminal Justice System.
Review Questions
- What is a “body of law,” and which two bodies of law are most relevant to the U.S. Criminal Justice System? Why?
- What is the origin, structure, and purpose of the U.S. Constitution, and how does the concept of “checks and balances” between the three branches of government relate to the prosecution of criminal offenses? Provide an example.
- What is the relationship between constitutional law and criminal law, and which specific rights and privileges under the Constitution and Bill of Rights are most relevant during the investigation and prosecution of criminal offenses?
- What are the “Rule of Law” and the “Principle of Legality,” and why are these concepts critical to the U.S. Criminal Justice System?
- What are Substantive and Procedural Criminal Law, and how do these concepts affect the U.S. Criminal Justice System?
- What are the various classifications of statutory criminal offenses, the most common substantive criminal offenses and the defenses to, and limitations on, the prosecution of these offenses?
- What are the “elements” of criminal law and the specific components of the “formula” involved in defining what constitutes a criminal offense?
- What are inchoate offenses, strict liability, lesser included offenses, and the felony-murder rule?
- What are four broad categories of evolving developments in constitutional and criminal law developments within the U.S. Criminal Justice System? Provide examples of each of these four categories.
- What are three law-related employment opportunities, and what are the specific duties/responsibilities of these positions, the requirements for obtaining employment in these positions, and the application protocol/processes for these positions?
Further Reading
Cohen, A. (2020). Supreme inequality: The Supreme Court’s fifty-year battle for a more unjust America. Penguin Press.Currie, D. P. (2000). The Constitution of the United States: A primer for the people (2nd ed.). University of Chicago Press.Hall, D. E., & Feldmeier, J. (2017). Constitutional law: Governmental powers and individual
freedoms (3rd ed.). Pearson.
McCloskey, R. G., & Levinson, S. (2016). The American Supreme Court (6th ed.). University of Chicago Press.
McDonald, F. (1985). Novus ordo seclorum: The intellectual origins of the Constitution. University Press of Kansas.
Nelson, W. E. (2000). Marbury v. Madison: The origins and legacy of judicial review. University Press of Kansas.Van Geel, T. R. (2008). Understanding Supreme Court opinions (6th ed.). Pearson.
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Adaptation Notes
Learning objectives were slightly modified to align with CRMJ 1100 Learning Objectives and review checks were created.
