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.
Required Resource
Text
Reichel, P. L. (2018). Comparative criminal justice systems: A topical approach (7th ed.). Upper Saddle River, NJ: Pearson Education, Inc.
- Chapter 1: An International Perspective
- Chapter 3: An American Perspective on Criminal Law
Recommended Resources
Articles
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
- This article discusses substantive and procedural law in depth and provides an understanding of these law concepts.
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
- This article discusses the differences in substantive and procedural law. It further discusses how to research procedural laws.
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
- This article discusses the implications of the guilty but insane and guilty but mentally ill verdicts.
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
- This publication discusses various criminal cases in the United States, Columbia, Italy, and Interpol.
Web Page
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
- This site will help students understand the insanity defense and what exactly the insanity defense means.
