Substantive Law and Procedural Law PDF

Preview

Summary

the explanation between one and another...

Description

Yasarette Lora Union County College Criminal Law

Explain Substantive Law and Procedural Law, and give an example of both? Procedural law is exactly what the name implies. It sets out the procedure for how a criminal case will proceed. Every state has its own set of procedures which are usually written out in a set of rules called a code of criminal procedure. Procedural laws have three major purposes. First, they help courts conduct their business. Second, they establish uniform procedures within the courts. Finally, they provide information and instruction to those appearing before the courts, whether they are attorneys or the parties themselves (FrAdv). To the other hand, substantive law deal with substance of your charges, this required a prosecutor to obtain the necessary evidence in order to declare someone of felony, depending on what type of crime is working on or the state’s substantive law. Substantive laws are “the part of the law that creates, defines, and regulates the rights, duties, and powers of parties. Both are affected by the Supreme Court opinions and their interpretations by each one have different role into the criminal justice system. Procedural laws are applicable in non legal contexts, whereas substantive laws are not. So, basically the essential substance of a trial is underlined by substantive law, whereas procedural law chalks out the steps to get there. An example of substantive law is how degrees of murder are defined. Depending upon the circumstances and whether the murderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. This is defined in the statute and is substantive law. Examples of procedural laws include the time allowed for one party to sue another and the rules governing the process of the lawsuit. (Diffen).

Work Cited Criminal Law. Criminal-law.freeadvice.com. © 1995-2017. Retrieved from https://criminallaw.freeadvice.com/criminal-law/criminal-law/procedural_substantive.htm

"Procedural Law vs Substantive Law." Diffen.com. Diffen LLC, n.d. 2017. Retrieved from http://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law...