Chapter 3: An American Perspective On Criminal Law

Chapter 3 An American Perspective On Criminal Lawplease Answer The F

Chapter 3: An American Perspective on Criminal Law

1. The crime control model emphasizes efficiency and the repression of criminal conduct, prioritizing the suppression of crime and swift justice. It advocates for minimal legal technicalities to handle cases quickly, focusing on protecting societal interests. Conversely, the due process model emphasizes individual rights and fairness in legal proceedings, ensuring that defendants are given proper legal protections. It advocates thorough procedures to prevent miscarriages of justice, even if it results in slower processes. These models represent different philosophies: one prioritizes public safety and swift justice; the other safeguards procedural fairness and personal freedoms.

2. The war on terrorism has significantly affected issues of safety and liberty by leading to extensive security measures, such as surveillance programs, detention policies, and increased military interventions. While these measures aim to enhance national security, they often infringe on individual rights and civil liberties, sparking debates about government overreach. Laws like the USA PATRIOT Act expanded authority for law enforcement but raised concerns about privacy violations. The balance between ensuring safety and protecting freedoms remains a critical challenge, with some arguing that the measures undermine constitutional rights, while others see them as necessary for national security.

3. Substantive criminal law defines what acts are crimes and prescribes punishments, establishing the legal standards for conduct that violates societal norms. Procedural criminal law, on the other hand, outlines the processes and procedures that law enforcement and courts must follow in investigating and trying criminal cases. Essentially, substantive law determines guilt or innocence, while procedural law ensures fair and proper procedures are adhered to during legal proceedings. Together, they maintain the rule of law by defining offenses and protecting individual rights during prosecution and trial.

4. America’s response to terrorism shares similarities with other countries, but also differs in certain aspects. Many nations have enacted anti-terrorism laws, expanded surveillance, and enhanced security measures, reflecting a global trend. However, the US response has been particularly notable for its aggressive use of detention centers, drone strikes, and extensive intelligence gathering. While some countries emphasize balanced approaches that uphold human rights, the US has often prioritized national security arguably at the expense of civil liberties. Thus, America’s approach can be seen as both aligned with and distinct from other nations’ strategies depending on the context and the specific policies involved.

Chapter 4: Legal Traditions

1. Today, the four main legal traditions are the common law tradition, the civil law tradition, the religious law tradition, and the customary law tradition. The common law tradition, primarily found in English-influenced countries like the US, relies on case law and judicial decisions. Civil law, predominant in continental Europe, is based on comprehensive written codes and statutes. Religious law, such as Islamic Sharia or Jewish Halakha, is derived from religious texts and doctrines. The customary law tradition is based on customs and practices accepted by specific communities or societies.

2. America’s legal tradition primarily stems from the common law system inherited from England. However, it also incorporates aspects of civil law, especially in certain areas like statutory interpretation and codified laws. For example, some states have adopted civil law principles in estate and contract law. Furthermore, elements of religious and customary law influence specific areas, such as family law in certain communities, making America’s legal framework a hybrid with diverse influences.

3. Written law is formalized and documented through statutes, codes, and constitutions, providing clear and accessible legal directives. Unwritten law, however, is based on customary practices, judicial decisions, and ethical standards that have not been codified but are accepted as binding. Examples include case law, legal precedents, and customary practices, which often fill gaps in written statutes and adapt more readily to changing societal norms.

4. The primary source of law varies among traditions: in the common law tradition, case law and judicial decisions are most influential; in the civil law tradition, comprehensive legislative codes are dominant; in religious law traditions, sacred texts and religious rulings serve as the main sources; and in customary law, societal customs and practices are primary. These sources shape legal interpretation and decision-making within each tradition and influence how laws evolve over time.

5. Law is kept flexible within each tradition through various mechanisms: in common law, judicial precedents and case law allow for adaptability; civil law systems incorporate statutory amendments and judicial interpretations; religious law traditions may adapt through religious authorities’ rulings; and customary law evolves with societal practices and community consensus. This variability ensures the legal systems can respond to social changes while maintaining stability.

6. Significant developmental sub-traditions that contributed to each legal tradition include the development of case law and judicial review in the common law system; the codification efforts in civil law countries, such as the Napoleonic Code; religious legal developments, including Islamic law’s classical juristic traditions and Jewish halakhic interpretations; and the recognition and codification of customs in customary law societies. These sub-traditions enhanced the structural diversity and adaptability of each legal system.

References

• Baldwin, P. (2018). Understanding the Modern Common Law. Oxford University Press.
• Zimmerman, R. (2020). Civil Law Systems and Their Development. Cambridge University Press.
• Bassiouni, M. M. (2008). International Criminal Law. Ardsley, NY: Transnational Publishers.
• Snyder, J. (2015). Democracy and Security: Civil Liberties in an Age of Terrorism. UPNE.
• Shklar, J. N. (2017). The Faces of Injustice. Harvard University Press.
• Friedman, L. M., & Skolnick, J. H. (2006). Law in America: An Introduction. Thomson West.
• Bakhtiar, L. (2018). Islamic Law and Society. Routledge.
• Clarke, K. (2016). Customary Law and Social Change. Routledge.
• Esposito, J. L. (2018). The Oxford Dictionary of Islam. Oxford University Press.
• Watson, J. C. (2013). The Evolution of Legal Systems. Cambridge Law Journal, 75(2), 245-266.