Police Power and the Goals of Criminal Law, Culpability, and Liability
According to the text, criminal law is aimed at the misbehavior that falls below society's norms and values. The burden of enforcing criminal law and maintaining public order and public safety falls to local, state, and even the federal government; all help to shape and prescribe conduct in the United States. Each state is specifically responsible for the maintenance of public order and public safety within their borders. The federal government is responsible for regulating criminal conduct delegated to it by the U.S. Constitution. Each branch of government, at the state and federal level, must proscribe the required elements of each crime charged and prove guilt beyond a reasonable doubt per the Due Process Clause and other constitutional requirements. In this assignment, you will explore criminal law, criminal culpability and its limitations, and what is required for criminal liability and punishment.
Explain the goals of criminal law and why these goals are still important today.
Explain the connection between state police power and the limitations of this power imposed by the Constitution.
Identify the differences between state and federal jurisdiction, when it comes to criminal law, and what is meant by due process of law.
Describe the manner in which the four goals of criminal law are met by requiring and proving both a mental element and physical act beyond a reasonable doubt.
Use at least three high-quality academic references. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment. For help with research, writing, and citation, access the library or review library guides.
Write clearly and concisely in a manner that is grammatically correct and generally free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Analyze criminal law, police power, the goals of criminal law and culpability/liability.
Goals of Criminal Law, Culpability, Criminal Liability and Police Power
Student’s Name
Course Title
Professor’s Name
Date
Criminal Law, Criminal Culpability and Criminal Liability.
Criminal law subsumes issues associated with criminal offenses, outlines rules and regulations, and fixes punishments for people who flout those laws. It is an element that organized societies use to safeguard individual and social interests hence reinforcing social norms and values. Criminal culpability explains the degree of guilt of a legal crime. However, the strict culpability requirements make it hard for the prosecution to prove its case. Criminal liability is the legal responsibility of a crime. Liability of a crime needs the accused conduct to satisfy the conditions of that crime and that the accused has a culpable state of mind or the required intent to prove the defendant guilty.
Criminal laws through the criminal justice system aim to educate and enlighten society about the ramifications of the violation of legal laws. There are five key goals of criminal law; retribution, deterrence, incapacitation, rehabilitation, and restoration. Retribution explains the degree of and determines the punishment for a particular crime. The goal of deterrence is designed to discourage individuals from committing legal laws. The justice system aims at incapacitating law violators from society. Correctional systems have an objective to offer rehabilitation programs to the convicted while in the correctional centers. They aim at identifying the factors that may have contributed to criminal offenses. Restoring justice is essential in rebuilding the relationships of families and society after victimization by criminal offenders (McKenzie, 1). These goals are still important today as they benefit the community in resolving disputes in a peaceful manner hence maintaining order. Individual rights are also protected through the criminal justice system.
Part Two: Connection between state police power and limitations
Under the constitutional law in the United States, states are given the power to regulate behavior and enforce order within their territories to improve the state of health, safety, and general well-being of its inhabitants. However, this power is limited in the following ways. Exercises of the state police power must not infringe on any individual rights provided for under the US Constitution in the course of their action. State police power is exercised by the judicial, executive and judicial constitutional structures which in turn limit the exercise of police power. (Shapiro, 2). The US constitution limits stat...
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