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Chapter 5: Constitutional and Criminal Law in the U.S. Criminal Justice System

A 20-by-30-foot oil-on-canvas painting depicts Independence Hall in Philadelphia on September 17, 1787. George Washington stands next to Richard Spaight of North Carolina, who is signing the document. Benjamin Franklin is seated in the center, with Alexander Hamilton leaning toward him, while James Madison appears farther to the right.
Signing of the Constitution / Credit: Howard Chandler Christy, PD

Overview

Jigsaw puzzle pieces are scattered about.
Figure 5.1. Jigsaw Puzzle / Photo Credit: Magda Ehlers, Pexels License

Understanding how the various components of the U.S. criminal justice system work together—or sometimes do not work at all— to ensure a fair, equitable, and impartial judicial system is much like trying to assemble an enormous jigsaw puzzle. Hopefully, the many different pieces will come together to form a complete picture; however, finding where and how each piece fits into the big picture can be tedious, time-consuming, and challenging. The various chapters of this book offer definitions and explanations as to how the many components of the U.S. criminal justice system (law enforcement, courts, corrections, law) fit together.

Chapter 5 explores one of the common overarching aspects of the U.S. criminal justice system—the law. Various bodies of law exist; however, not every body of law affects or is part of the U.S. criminal justice system. Chapter 5 focuses explicitly on constitutional law and criminal law, the two bodies of law most relevant to the U.S. criminal justice system. This chapter offers insight into how constitutional law serves as the framework for the entire U.S. criminal justice system to balance individuals’ rights against the government’s duties and responsibilities. The chapter also addresses how criminal law is created and enforced in an effort to define criminal offenses, set boundaries for societal behavior, prevent harm, protect property, and maintain public order.

Next, Chapter 5 addresses recent trends in constitutional and criminal law and offers some insight into the ever-changing dynamics of constitutional and criminal law. Chapter 5 concludes by identifying potential law-related employment positions, explaining the requirements for obtaining these positions, and addressing the protocols and processes involved in pursuing these positions.

Objectives

  • Explain the concept of “body of law,” define the various bodies of law applicable within the United States, identify which two bodies of law are most relevant to the U.S. criminal justice system, and explain why they are the most relevant.
  • Describe the U.S. Constitution’s origin, structure, and purpose, including the concept of checks and balances between the three branches of government.
  • Describe the relationship between constitutional law and criminal law and explain which specific rights and privileges under the Constitution and the Bill of Rights are relevant during the investigation and prosecution of criminal offenses.
  • Compare and contrast the concepts of rule of law and principle of legality and explain why these concepts are a critical part of the U.S. criminal justice system.
  • Compare and contrast the concepts of substantive law and procedural law and explain how these two concepts operate within the U.S. criminal justice system.
  • Identify and define 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.
  • Describe the elements of criminal law and identify the specific components of the “crime formula” involved in defining what constitutes a criminal offense.
  • Explain the criminal law-related concepts of inchoate offenses, strict liability, lesser included offense, and the felony murder rule.
  • Identify four broad categories of evolving developments in constitutional and criminal law within the U.S. criminal justice system and provide examples of each of these four categories.
  • Identify law-related employment opportunities, the specific duties and responsibilities of these positions, the requirements for obtaining employment, and describe the application protocol and processes for these positions.

Key Terms

  • Actus reus
  • Attendant circumstances
  • Bill of rights
  • Body of law
  • Burden of proof
  • Checks and balances
  • Common law
  • Complicity
  • Constitutional law
  • Crimes against persons
  • Crimes against property
  • Criminal law
  • Double jeopardy
  • Due process clause
  • Elements of crimes
  • Equal protection clause
  • Exclusionary rule
  • Ex post facto
  • Felony
  • Felony murder rule
  • Inchoate offenses
  • Infraction
  • Jurisdiction
  • Lesser included offense
  • Mala in se
  • Mala prohibitum
  • Mens rea
  • Miranda v. Arizona
  • Misdemeanor
  • Principle of legality
  • Probable cause
  • Procedural criminal law
  • Rule of law
  • Selective prosecution
  • Self-incrimination
  • Stop and frisk (Terry stop)
  • Substantive criminal law

Attributions

  1. Chapter opening image: Untitled  by Howard Chandler Christy in the public domain; This image is a work of an employee of the Architect of the Capitol, taken or made as part of that person’s official duties. As a work of the U.S. federal government, all images created or made by the Architect of the Capitol are in the public domain in the United States.
  2. Figure 5.1: image released under the Pexels License
definition

License

Icon for the Creative Commons Attribution 4.0 International License

Introduction to Criminal Justice Copyright © by Wesley B. Maier, PhD; Kadence C. Maier; William M. "Bill" Overby, MCJ; and Terry D. Edwards is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.