The Difference Between Procedural and Substantive Law

Procedural law and substantive law are the two primary categories of law in the dual U.S. court system. These two types of law play different but essential roles in protecting the rights of individuals in the United States criminal justice system. Key Terms Procedural law is the set of rules by which courts in the United States decide the outcomes of all criminal, civil, and administrative cases.  Substantive law describes how people are expected to behave according to accepted social norms.  Procedural laws govern how court proceedings dealing with the enforcement of substantive laws are conducted.   Two Categories of Law Substantive law — literally the â€Å"substance† of the law — governs how people are expected to behave according to accepted social norms. The Ten Commandments, for example, is a set of substantive laws. Today, substantive law defines rights and responsibilities in all court proceedings. In criminal cases, substantive law governs how guilt or innocence is to be determined, and how crimes are charged and punished. Procedural laws govern how court proceedings that deal with the enforcement of substantive laws are conducted. Since the primary object of all court proceedings is to determine the truth according to the best available evidence, procedural laws of evidence govern the admissibility of evidence and the presentation and testimony of witnesses. For example, when judges sustain or overrule objections raised by lawyers, they do so according to procedural laws. Both procedural and substantive law may be altered over time by Supreme Court rulings and constitutional interpretations. Application of Criminal Procedural Law While each state has adopted its own set of procedural laws, usually called a â€Å"Code of Criminal Procedure,† the basic procedures followed in most jurisdictions include: All arrests must be based on probable cause;Prosecutors file charges that must clearly spell out what crimes the accused person allegedly committed;The accused person is arraigned before a judge and given the opportunity to enter a plea — a statement of guilt or innocence;The judge asks the accused whether they need a court-appointed attorney or will supply their own attorney;The judge will either grant or deny the accused bail or bond and set an amount to be paid;An official notice to appear in court is delivered to the accused;If the accused and prosecutors cannot reach a plea bargain agreement, trial dates are set;If the accused person is convicted at trial, the judge advises them of their rights to appeal;In the case of guilty verdicts, the trial moves to the sentencing phase. In most states, the same laws that define criminal offenses also set the maximum sentences that can be imposed, from fines to time in jail. However, the state and federal courts follow very different procedural laws for sentencing. Sentencing In State Courts The procedural laws of some states provide for a bifurcated or two-part trial system, in which sentencing is conducted in a separate trial held after a guilty verdict has been reached. The sentencing phase trial follows the same basic procedural laws as the guilt or innocence phase, with the same jury hearing evidence and determining sentences. The judge will advise the jury of the range of severity of sentences that may be imposed under state law. Sentencing In Federal Courts In the federal courts, judges themselves impose sentences based on a more narrow set of federal sentencing guidelines. In determining an appropriate sentence’ the judge, rather than a jury, will consider a report on the defendant’s criminal history prepared by a federal probation officer, as well as evidence presented during the trial. In the federal criminal courts, judges use a point system based on the defendant’s prior convictions, if any, in applying the federal sentencing guidelines. In addition, federal judges do not have the leeway to impose sentences more or less severe than those allowed under the federal sentencing guidelines. Sources of Procedural Laws Procedural law is established by each individual jurisdiction. Both the state and federal courts have created their own sets of procedures. In addition, county and municipal courts may have specific procedures that must that must be followed. These procedures typically include how cases are filed with the court, how parties involved are notified, and how official records of court proceedings are handled. In most jurisdictions, procedural laws are found in publications such as the â€Å"Rules of Civil Procedure,† and â€Å"Rules of Court.† The procedural laws of the federal courts can be found in the â€Å"Federal Rules of Civil Procedure.† Basic Elements of Substantive Criminal Law In comparison to procedural criminal law, substantive criminal law involves the â€Å"substance† of the charges filed against accused persons. Every charge is made up of elements, or the specific acts required to amount to the commission of a crime. Substantive law requires that prosecutors prove beyond all reasonable doubt that every element of crime took place as charged in order for the accused person to be convicted of that crime. For example, to secure a conviction for a charge of felony-level driving while intoxicated, prosecutors must prove the following substantive elements of the crime: The accused person was, in fact, the person operating the motor vehicle;The vehicle was being operated on a public roadway;The accused person was legally intoxicated while operating the vehicle; andThe accused person had prior convictions for driving while intoxicated. Other substantive state laws involved in the above example include: The maximum allowed percentage of alcohol in the accused person’s blood at the time of arrest; andThe number of prior convictions for driving while intoxicated. Because both procedural and substantive laws can vary by state and sometimes by county, persons charged with crimes should consult with a certified criminal law attorney practicing in their jurisdiction. Sources of Substantive Law In the United States, substantive law comes from the state legislatures and Common Law — law based on societal customs and enforced by the courts. Historically, Common Law made up set of statutes and case law that governed England and the American colonies prior to the American Revolution. During the 20th century, substantive laws changed and grew in number quickly as Congress and the state legislatures moved to unify and modernize many principles of Common Law. For example, since its enactment in 1952, the Uniform Commercial Code (UCC), governing commercial transactions has been fully or partially adopted by all U.S. states to replace the Common Law and differing state laws as the single authoritative source of substantive commercial law.

School Uniforms A Veil Of Creativity - 1615 Words

Vernon Medina Jaime Watkins English III Honors 12 November 2015 School Uniforms : A Veil of Creativity Although the uniform requirement has just been recently imposed, uniforms have been in existence for several centuries now. The first documented usage of a ‘standard’ garment in education was in 1222, where students were required to wear a â€Å"cappa clausa† or a robe-like outfit. School uniforms make schools a less happier place. School uniforms restricts self expression. Having required uniforms in a school’s curriculum negatively affects a student’s being because it restricts self expression, violates the 1st amendment, and they are simply unliked by many, being uncomfortable and unappealing. (Erikson) The main problem that school uniforms bring upon schools, is the restriction of a student’s self expression. Without self expression being available for the youth, many problems can stir up. Lack of self expression can lead to long term effects such as a delay transition into adulthood. Adults make the ir own clothing choices and have the freedom to express themselves through their appearance. So without this freedom, kids have no choice but to wear outfits required by the school. Denying children and teenagers the opportunity to make those choices may make them ill-prepared for the adult world. Self expression is vital for a kid’s mind, it helps one figure out who they really are and also gives them a voice to inform the public about their opinions, personalities, andShow MoreRelatedIranian Education During The Islamic Revolution Essay1379 Words   |  6 PagesMost of the women were involved in the demonstration of wearing the veil has some western education. The Islamic revolution wanted things to go back to the original Islamic culture. Based on the Complete Persepolis, in 1979, a revolution took place and later called â€Å"The Islamic Revolution†. This is the period they were forcing people to do what they don’t want to do. The women were also forced to wear the veil including the school girls. Being Educated will help to change a country, especially inRead MoreThe Islamic Revolution And The Iranian Revolution Essay1379 Words   |  6 PagesMost of the women’s were involved in the demonstration of wearing the veil has some western education. The Islamic revolution wanted things to go back to the original Islamic culture. Based on the Complete Persepolis, in 1979, a revolution took place and later called â€Å"The Islamic Revolution†. This is the period they were forcing people to do what they don’t want to do. The women were also forced to wear the veil including the school girls. Being Educated will help to change a country, especially inRead MoreThe Iranian Revolution And The Islamic Revolution Essay1330 Words   |  6 Pagespeople. Most of the women were involved in the demonstration of wearing the veil has some western education. The Islamic revolution wanted things to go back on the Islamic culture. Base d on the complete Persepolis, in 1979, a revolution took place, and later called â€Å"The Islamic Revolution†. This is the period they were forcing people to do what they don’t want to do. The female was also forced to wear the veil in the school. Education will change a country, especially in undeveloped country. WhenRead MoreMarketing Management130471 Words   |  522 Pagestheir houses with a long veil on their faces. This was definitely due to Islamic influence. Even today in some Islamic countries women are not allowed to go out freely. The conservative regimes of Iran and Pakistan, for example, have withdrawn the liberties given to women folk by the previous liberal governments. Even in India the Muslim women are far more backward than their Hindu, Christian and Sikh counterparts. The sight of Muslim women walking with long Burkas (veils) on their person is not

Teenagers in Australia Free-Samples for Students-Myassignmenthelp

Question: Discuss about the Teenagers Aged 15 to 19 are Australias most Dangerous People. Answer: As per the article by ADS (2016), the median age of Australian population is 37 years which means that the youth is decreasing year by year. The population is ageing which is because of low fertility and increasing life expectancy. The graph given below shows the increase in the ageing of population year by year. Figure 1: Increase in population ageing in Australia over the years Source: ADS (2016) Several researches and statistics show that the Australians in their teen age are most dangerous because they are involved in several criminal activities. The Australian Institute of Criminology gave figures that show that in 2013, the teens aged 15 to 19 are three times more involved in offending activities than any other age group. Australian Bureau of Statistics figured out that teens aged between 1o to 19 constitute the quarter of all the offenders. They also figured out that this age only cover 14% of the total population of the country. The NSW Bureau of Crime Statistics stated that this is because of the increasing pressure on children from peers, teachers and parents. Poverty is also one of the key reasons behind it (Koubaridis, 2015). Teenagers are involved in bashings, robberies and sexual attacks. According to ACYS (2013), the youth is more attracted towards these activities because the digital sources are providing a platform to them. Violence against young women in Australia is on rise. As per the data given by AIHW (2017), in 2009-2010, 81 in every 100000 children were under juvenile jurisdiction who is aged 10-14. This number is rising with eh time. As per the researchers done, it is clear that the children who are in the juvenile jurisdiction come from unprivileged societies, lower socio economic backgrounds and are not accessed to education. They also suffer high child abuse and neglect by others. It is also found that Homelessness is another reason behind it. The children who are without home continues to be homeless when they get adult. Homelessness affects hugely on the health and wellbeing of the children. They may do not get fully developed physically or mentally. When they get adult, they may face depression, anxiety or disorders in behaviour. Physical or mental as sault is another reason why children get victimised and take actions like suicidal attempts, crime and behavioural disorders. In 2011, around 6700 children were found victims of sexual assault ageing 0-14. In this number, three fourth were girls. The news like school girls burnt in attack by young boys or Police vehicle damaged by school boys is heard every now and then in Australia. As per Hosking Hudson (2016), children in Australia aged 15-19 are the most prolific criminals of today. Figure 2: Data shows the patterns of Crime by Youth in Australia Source: Hosking Hudson (2016) The data and statistics clearly show that youth crime has increased by 7.6%. The maximum number of offenders falls in the age of 17 and the data shows that maximum number of offenders falls in the age range of 13-17. The maximum number of offenders is boys who are (79%) and only 21% are the girls. The maximum number of offenders (64%) are involved only once in the crime and those who are involved repetitively are very few 13.6% (Hosking Hudson, 2016). 21st century has its biggest issues like Poverty, homelessness and neglect and abuse which contribute most to the teenage crime. They try to get involve with people and find comfort with other criminals. The teenagers do not even get basic food and other necessities which give them strength and urge to get involved into such criminal activities. Some other youth get engage in crime because of reasons like alcohol and drug abuse or family issues. When teenagers do not get acceptance whether in society or at home, they tend to get involved with the crime and contribute to the increasing issue of teenage crime. The risk factors of youth crime involves low family income, drug and alcohol abuse, mental or physical illness, poor education, social isolation or many others which makes a child feel completely neglected and under a pressure. It is found that the teenagers who are involved in crimes form big gangs which emerge as a problem for the country and the justice system (Styles, 2011). As per Hall (2012), criminal activities by youth are making the nation like hell. The article shares that the parents have ultimate responsibility to supervise their children. When children lacks in strong supervision, they tend to get involved in such criminal activities. As per Garasia, Begum- Ali Farthing (2015), youth clubs are made so that the people can get off the streets and this might reduce the criminal intensities in the youth. The 2015-16 federal budgets have included Youth employment strategy which is funded by the government. In this strategy, the youth will be encouraged and assisted to get involved in the work. This will helps them in overcoming their personal barriers and will empower their future. This might also reduce the number of youth entering into criminal activities (ACYS, 2015). As per the Australian Institute of Criminology, the approach of treating juveniles has changed from past. Prisoning of juveniles is taken as last option in case of crimes by children. Juveniles as per the government are the children aged 10-17 and are in Australian jurisdiction for committing crimes like theft and more. Australian government has made different approach to treat juveniles because they are not matured and are needed to be handled differently. A prison might give them a criminal mindset and throw them at wrong path for lifetime (AIC, 2015). There are many organisations forming in Australia nowadays which works for young people of the nation. These organisations provide support to the children so that they can get over their tough times. This improves their physical and mental health and also prevents them to enter into the criminal activities (AIC, 2015). The government need to make more efforts to slower down the trend of crime among teenagers so that the future of Australia can be safe and secure. References ACYS (2013). Youth gambling in Australia. Australian Clearing House for Youth Studies. Retrieved from https://acys.takeflight.net.au/publications/youth-gambling-australia/. ACYS (2015). The new Youth Employment Strategy. Australian Clearing House for Youth Studies. Issue 225. ADS (2016). Population by Age and Sex, Australia, States and Territories. Australian Demographic Statistics. Retrieved from https://www.abs.gov.au/ausstats/abs@.nsf/0/1CD2B1952AFC5E7ACA257298000F2E76?OpenDocument. AIC (2015). Juvenile Justice in Focus. Australian Government. AIHW (2017). Children and Crime. Authoritative information and statistics to promote better health and wellbeing. Garasia, H, Begum- Ali, S Farthing, R (2015). Youth club is made to get children off the streets: Some young peoples thoughts about opportunities to be political in youth clubs. Youth Policy. Hall, M (2012). Youth crime making Queensland town 'hell'. Abc News. Hosking, W Hudson, F (2016). Youth crime: 15-year-olds Victorias most prolific young criminals. Herald Sun. Koubaridis, A (2015). Teenagers are Australias most arrested people. News.com.au. Styles, A (2011). Fears Over the rise of T