The Secret Behind Understanding Substantive Criminal Law

September 10, 2017

The Secret Behind Understanding Substantive Criminal Law

Criminal LawThe field of law is wide and encompasses numerous other aspects that can be overwhelming to understand. For a layman, there is the need to know what it means by substantive law to be able to deal with day-to-day challenges that places you in the corridors of justice. Substantive law is a section of the law that creates, delineates and regulates the rights of people under the law. Substantive law is one of the two main classifications of law. The other category of law is procedural law. Substantive law is a set of rules that are used to define the rights and obligations of individuals, companies and other collective bodies. On the other hand, procedure law refers to a body of rules that guide the process of determining the rights of parties. Substantive law refers to all classifications of public and private law, including criminal law, torts and law of contracts.

It includes a group of rules governing the determination of rights of a person or entity in a criminal proceeding. Criminal law defines a set of behaviour as being illegal and the rules to be use in proving that a person is liable of a criminal offense. However, it is worth noting that criminal procedural law is closely related to substantive criminal law. Therefore, the judges and the jury sitting on a bench to determine a criminal matter must invoke both classes of law when determining whether to convict a defendant.

The U.S substantive law is derived from the Common law and other statutes. Traditionally (before the twentieth century), jurisdictions in the world derived substantive law from earlier judicial decisions. In other words it was a common law practice to rely on judicial precedence in determining cases with similar facts and circumstances. This approach has been criticized as being conservative since the substance of law is not static and changes over time. This area of law has continued to evolve and jurisdictions have kept enacting statutes that have replaced many common-law principles.

It is not anyone’s desire to be a state visitor at the dock trying to defend him or herself against criminal charges, but because life is a riddle, many people find themselves in this situation. Many people, including innocent people end up serving long sentences in prison because they did not defend themselves against the charges leveled against them. Criminal cases are delicate and presents serious challenges, including damaging your image and character in the society. Other than serving a sentence, convicts suffer emotional, physical and mental pain.

Therefore, it is important to retain the services of a qualified criminal law attorney immediately you are arrested for allegedly committing criminal offenses. A reliable lawyer understands the application of evidence and will mount a strong defence with a goal to cause acquittal or minimize the penalties if you are guilty of the offense. Remember that the criminal law is punitive in the strictest sense of the world and challenging criminal accusations can be extremely difficult. This is the reason you need a highly experienced attorney to handle your case.

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