Homework Question on Criminal Law
- Explain the Limitations on Criminal Liability
- Explain the constitutional limitations on criminal law including double jeopardy, equal protection, due process and cruel and unusual punishment
- Explain two types of jurisdiction
- Discuss the relationship between fairness, social harm and criminal liability
Homework Answer on Criminal Law
Criminal law ensures that everyone who commits a crime is tried in accordance to the law. A criminal suspect is tried in a court of law and prosecuted on two grounds; the guilty mind and or the guilty act. If one or both are proved, then the judge or the jury has the ability to convict him or her, but in most cases, both should be proved in order to punish the person since the act could have been by accident, whereas in other cases even a guilty act without a guilty mind is enough to convict the suspect. In most countries, the constitution protects its people from the government to the point that it helps criminal offenders to escape conviction.
1.Constitutional limitations on criminal lawDue process. The law written in the fifth amendment of the united states constitution states that no person shall be “deprived of life, liberty, or property, without due process of law” (Edwards 130). This implies that a person can escape justice in a court of law, even if there is enough evidence to rule him/her guilty of the act if the evidence in the first place was obtained without following the proper course of the law.
2.Double jeopardy. This is a constitutional right of a person, whereby he/she can escape conviction by the court of law if new evidence arise on a past case, and has already been convicted in a similar case. This constitutional law prevents the government from punishing such crimes, hereby the offender as already been convicted.