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Explain the goals of criminal law and why these goals are still important today.
Explain the connection between state police power and the limitations of this power imposed by the Constitution.
Identify the differences between state and federal jurisdiction, when it comes to criminal law, and what is meant by due process of law.
Describe the manner in which the four goals of criminal law are met by requiring and proving both a mental element and physical act beyond a reasonable doubt.
Use at least three high-quality academic references. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment. For help with research, writing, and citation, access the library or review library guides.
Write clearly and concisely in a manner that is grammatically correct and generally free of spelling, typographical, formatting, and/or punctuation errors.
The goals of criminal law are to provide justice, deterrence, retribution and rehabilitation. These goals are still important today as they serve to protect the public by punishing wrongdoers and deterring future criminal behavior. Justice ensures that people accused of a crime are treated fairly according to the law. Deterrence creates a disincentive for people considering committing crimes by demonstrating that there is potential punishment if one chooses to engage in criminal activity. Retribution involves punishing those who have committed a wrong in order to restore balance within society and reassure victims that justice has been done. Finally, rehabilitation seeks to reform offenders so that they can become productive members of society again while also protecting the public from further crime through providing education, counseling or other services targeted at preventing future offenses.
State police power refers to each state’s authority over issues not addressed at the federal level such as marriage laws and property rights; however this does not mean states have unlimited power when it comes to creating laws. The U.S Constitution imposes limitations on state powers including due process which requires fair treatment under established legal procedures before any deprivation of an individual’s life, liberty or property may occur; meaning citizens cannot be convicted without sufficient evidence presented during trial nor be subjected arbitrary punishments such as excessive fines or cruel and unusual sentences after conviction.
Federal jurisdiction deals with virtually all matters related specifically with interstate conduct like certain civil rights violations involving multiple states or drug trafficking between them while state jurisdiction covers almost everything else concerning activities within its own boundaries including most civil lawsuits, contract disputes and criminal cases except those involving specific areas already regulated by federal statutes (e..g bank fraud). Regardless both systems must comply with due process which guarantees procedural fairness in all aspects of proceedings beginning with investigation into alleged infractions all the way until adjudication where decisions regarding guilt or innocence are reached beyond reasonable doubt based upon clear evidence presented by prosecution representing both mental element (mens rea) comprising intent for perpetrating crime coupled with physical act (actus reus) making attempt successful even though punishments may differ depending on nature of offense itself ranging anywhere from monetary fines up imprisonment along with additional sanctions intended promote rehabilitation instead recidivism .
In conclusion these four goals remain relevant today despite recent changes usual associated increasing globalization challenges posed new technology because prime purpose behind having well-defined system governing peoples’ actions remains unchanged primarily aim ensure peaceful coexistence amongst them thus promoting safety security while upholding values enshrined constitution safeguard interests each individual regardless their status social class resources obtainable their disposal . Keeping track modifications made context continuously evolving landscape very important part ensuring proper implementation laws ensuring every person receives just deserts . References:
1) American Bar Association Committee On Legal Issues Pertaining To Criminal Justice And Incarceration.(2012), “Criminal Law Goals”, Retrieved From Https://www.americanbarassociationincarcerationinitiative/upload/aba_criminal_law_goals1pdf 2) Lumen Learning.(2020),”Overview Of State Police Power “,Retrieved From https://courseslumenlearningcom/boundless-politicalscience/chapter/overview-of-state-police-power/ 3) Swagel , Phillip , & Jayakumar A.,(2009), ” Constitutional Limitations On State And Local Legislation ” ,Retrieved From Https://www0catoorg/pubs//tbpapers /cmsd14pdf