Criminal Law and its Discretion

Topics: Criminal law, Law, Police Pages: 3 (761 words) Published: February 26, 2014

Criminal Law and its Discretion
David Perton
AIU Online

Abstract
Criminal law is the bases for the justice system. Here we will look into the source of criminal law, and warrants. With the warrants we will examine the probable cause and exclusionary rule that go with them.

Criminal Law and its Discretion
What is the basis of criminal law? Together we will explore the basics of where our justice system came from, as well as how it works. The criminal justice system is said to be one of the most complex systems in the United States. So we will have to break it down into smaller pieces to understand. The focus will be on its sources, warrants, and their execution. There for, criminal law brings search and seizure guidelines to the police for the best of reasons.

Criminal law stems from a system that began in England known as common law, Where judges were empowered to settle disputes according to local customs and practices. In the nineteenth century the United States adopted a system where the states enacted a written criminal code. The code would cover in detail what was considered a criminal act. This was created with the belief that the people should know the laws. The United States also had federal statutes to govern over currency, national defense, immigration, as well as the postal service, Where Congress is authorized to punish those who commit crimes concerning the federal statutes. The constitution establishes the limits and standards to the state and federal systems for criminal law.

Warrants are an integral part of our criminal justice system. They insure that civil rights are not violated as laid out in the fourth amendment. There are several types of warrants that need to be covered. An arrest warrant is issued to an (LEO) Law Enforcement Officer to arrest a specific person who is suspected of committing a crime. This type of warrant must include the specific person’s name or unique...

References: Vaughn, M. S. (1996). Recent Legal Developments: Law Enforcement Case Law. Criminal Justice Review (Georga State University), p.109,110.
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