What is the purpose of the criminal justice system?

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to maintain social order, deliver justice to victims, deter future crimes, rehabilitate offenders, and enforce the rule of law. It balances protecting society from harm with safeguarding the constitutional rights of those accused.

Last updated 4:56 PM on 9/30/26
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10 Terms

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Mens Rea

Refers to the mental state or intent to commit a crime (literally "guilty mind"). Along with the physical act (actus reus), it is a required element to establish criminal liability in most cases.

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Mala in Se

Translates to "wrong in itself." These are acts that are universally considered inherently evil, immoral, or harmful by their very nature, regardless of whether a law explicitly forbids them (e.g., murder, rape, theft).

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Mala Prohibita

Translates to "wrong because it is prohibited." These are acts that are illegal simply because a statute bans them, rather than because they are inherently immoral (e.g., jaywalking, speeding, fishing without a license).

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Legal Precedents:

Established through past judicial decisions in appellate court cases. Under the principle of stare decisis, lower courts are required to follow these established legal rules in future similar cases.

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Case Law:

Established through the written opinions and rulings of appellate and supreme court judges interpreting statutes, constitutional provisions, and past precedents.

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Historical Influence

U.S. law was primarily modeled upon the legacy of England (specifically English Common Law).

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Substantive Criminal Law

  1. Defines the actual laws, statutory crimes, and specific penalties associated with illegal acts (e.g., defining what constitutes burglary).


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Procedural Criminal Law:

  1. Defines the legal rules, procedures, and constitutional protocols that law enforcement and courts must follow when enforcing substantive laws (e.g., search warrant rules, right to counsel, jury trial procedures).


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Federal Statutes

: Passed by the U.S. Congress and signed into law by the President. They apply across the entire nation and address issues under federal jurisdiction, such as interstate commerce, immigration, federal tax fraud, terrorism, or crimes across state lines.

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State Statutes

Passed by an individual state's legislature and signed into law by the state governor. They apply only within that specific state's borders and govern most everyday criminal acts, such as state-level assault, property crimes, and local traffic codes. Under the U.S. Constitution's Supremacy Clause, federal statutes override conflicting state statutes.