Criminology

I. Describe the purposes of criminal law
There are some criminologists who believe that criminal law functions in relation to the legal requirements that the society has and also because it needs maintenance and promotion of social values (Gaines and Miller, 2010).

Describe the two main functions of criminal law
Criminal law has a legal and a social function. Its legal function is to maintain an orderly society by safeguarding its citizens from criminal harm. On the other hand the social function of the law is to mirror the values and norms that a society must have(Gaines and Miller, 2010).

Describe the written sources of American criminal law and their purposes.
The sources of American criminal law are the Unites States Constitution and the constitutions of different states the statutes and laws passed by Congress the state legislatures and the local ordinances the regulations created by the different regulatory agencies like the federal Food and Drug Administration and the case laws (Gaines and Miller, 2010).

The United States Constitution is the fundamental law of the land and as such, it embodies the very foundation of all laws existing in America. Any law that contradicts the Constitution will be pronounced as unconstitutional and it will not be enforced. The primary purpose of the Constitution is to give a sense of direction to the three main branches of the government, to limit and restrict the powers of the state to safeguard the rights and liberties of the citizens (Gaines and Miller, 2010).

The Statutes and laws passed by Congress consists are classified as federal, state and local laws. Federal laws are those enacted by Congress and as such, it applies to all states. State laws are enacted by the legislatures of the states such as the city ordinances and counties and as such, it applies only to the state where it is enacted (Gaines and Miller, 2010).

II. Describe how criminal responsibility may be limited
The notion of responsibility plays a critical role in criminal law. Criminal responsibility may be limited by using justification and excuse defenses. To say that an action is justified is tantamount to saying that even though such action is one that is usually wrong in other circumstances, it was not a wrong in this one because under the circumstances, the criminal act was justified. Duress, self-defense, necessity and entrapment are some of the justifying circumstances. On the other hand, an action is said to be excused when the action is indeed wrong, however, the one who committed it cannot be blameworthy for lack of criminal intent. Some examples of excuse defenses are infancy, insanity, intoxication, and mistake. For instance, many jurisdictions recognize the principle that kids below a certain age are incapable of committing crimes because their minds are too young or too  infant  to comprehend the consequences of their actions.

Identify one justification and excuse defense and explain why they are used

One of the commonly used excuse defense to limit the criminal responsibility is insanity. The law provides that a person does not have a requisite frame of mind to perpetuate a crime if the said person does not know the nature, quality and wrongness of the act at the time of the commission of the said act.

Self-Defense is the most popular justification in criminal law because one who believes that he or she is in grave danger of being harmed by another person is justified in using any amount of force to defend himself. Self-Defense is defined as a legally recognized privilege used for the protection of ones self or property from injury inflicted by another. However, the use of this defense is not absolute because the privilege only extends to those who act in a reasonable fashion that is necessary to protect ones person or property.

The very logical and fundamental reason why justification and excuse defenses are used is to escape criminal liability because using these two defenses, an accused may be held faultless in the eyes of the law.

Describe the procedural safeguards that protect American Constitutional rights
Aside from the substantive criminal laws, there also exists a procedural criminal law which is a set of rules that define the manner in which the duties and rights of persons may be enforced. These criminal procedures drawn from the Bill of rights are mainly designed for the protection of the constitutional rights of persons and for the prevention of the arbitrary and oppressive use of powers by the state.

Include the Bill of Rights
The Bill of Rights of the American Constitution served as the primary basis for the procedural safeguards that an accused has. These safeguards include the following
The Fourth Amendment for the protection from unreasonable searches and seizures
The Fourth Amendment requirement that no search warrant or warrant of arrest may be issued in the absence of any probable cause
The Fourth Amendment requirement that no person shall be deprived of life, liberty and property without  due process  of the law
The Fifth Amendment prohibition against double jeopardy
The Fifth Amendment guarantee that no person may be compelled to be a witness against himself
The Sixth Amendment guarantees of a speedy and impartial trial via trial by a jury and a public trial with a right to confront the witnesses and a right to counsel at different stages of the criminal proceedings
The Eight Amendment prohibition against excessive bails and fines.

Include Due Process
The Due Process Clause stated in the Fifth and the Fourteenth Amendment provides that no person can be deprived of life, liberty and property without due process of law. This clause requires that the government must not act in an unfair and arbitrary manner. The state must not rely on their individual judgments and impulses every time they make decisions, they must stay within the lines of reason and law.

Due process has two types, procedural and substantive. The procedural due process requires that laws must be carried out by a fair and orderly manner. There are some procedures that must be followed when it comes to administering and executing the laws of the land in order for the fundamental rights and freedoms of the persons to be safeguarded. On the other hand, substantive due process requires that the laws must be reasonable themselves because if laws are unfair or arbitrary, it must be declared unconstitutional and void.