Criminal Law

Chapter 3 Criminal Law: Control Versus Liberty

1. The process for the making of new state or federal law is a lengthy one. A member of the House of Representative or a Senator has to first introduce a bill. The bill is then sent to committees, it may be marked up. If the bill is approved, it is sent to the full Senate and House of Representatives. The merits of the bill are debates and a vote is taken. The bill passes, it is passed on the other house of Congress for debate and vote. Members of the Senate and House need to resolve any differences, then a single bill if agreed upon. The amended bill is then voted on by both the House and the Senate. The Governor or President then signs the bill into law. The President of Governor can also veto or take no action on the bill. If no action is taken, the bill can die. There is a chance the bill can be made into law even if it is vetoed. If both houses vote two-thirds, the law can be passed by Congress.

2. In the law, serious criminal behavior is called a felony. A less-serious criminal behavior is called a misdemeanor. The main difference between misdemeanors and felonies is defined by the amount of prison time or jail time that can be received as punishment for the violation of a statute. Felonies are punishable by incarceration for more than one year. Misdemeanors are punishable by incarceration for less than a year. Most local criminal laws are misdemeanors or violations.

3. The following seven standards establish the limits of the law: 1) Principle of Legality which requires that laws must be made public before they can be enforced. 2) Ex Post Facto Laws is the idea that citizens cannot be punished for actions committed before the law prohibiting the conduct was passed. 3) Due Process; substantive due process limits the government’s power to criminalize behavior unless there is a reason for the public interest to do so and procedural due process which requires that standard procedures are...