Anaya Nolan
Criminal law is a captivating area of study for those who want to understand the intricacies of crime, punishment, and the legal system. It is a core area of legal practice that ensures a fair and just society by deterring and punishing conduct that is harmful or threatening to the public. To study criminal law, one must obtain a qualifying law degree or a degree in any discipline followed by a Graduate Diploma in Law. A bachelor's degree in criminal law covers a wide range of topics, including criminal law theory, criminology, criminal procedures, and forensic science, equipping students with the knowledge and skills to understand, analyse, and engage with the criminal justice system. For those seeking higher education, a master's degree delves deeper into the complexities of the legal system, while a PhD allows for an in-depth exploration of criminal procedure, criminology, and advanced legal analysis. Studying criminal law opens doors to careers such as criminal lawyers, solicitors, barristers, police officers, or policymakers, offering a rewarding journey into the dynamic world of justice and legality.
| Characteristics | Values |
|---|---|
| Criminal law is a subcategory of the overall legal system | Criminal law is a branch separate from civil law |
| Criminal law is public law | The state is both the accuser and the victim |
| Criminal law is concerned with the punishment of individuals who commit crimes | Determining if a suspect broke the law, the consequences, and the punishment |
| Criminal law covers a vast area of the legal structure | Theories of punishment, creation of laws, court procedures and rules, prosecution and defense |
| Criminal law is federalized | Single acts might be the subject of multiple state and federal prosecutions |
| Criminal law is writing-heavy | Court clerks, police reports, etc. |
| Studying criminal law opens doors to many career opportunities | Criminal lawyer, prosecutor, defense attorney, judge, legislator, etc. |
| Studying criminal law is challenging and unpredictable | Requires a lot of reading |
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What You'll Learn
Criminal law vs. criminal justice
Criminal law and criminal justice are both applied to the criminal justice system, but they are distinct from each other. Criminal law deals with the criminal code and the laws directly related to criminal offences, charges, trials, and punishments for convicted criminals. The main focus is on determining if a suspect broke the law, the consequences, and the resulting punishment. It is public law, meaning the state is both the accuser and the victim, and the good of the generalised population is the touchstone. Criminal law starts with the creation of statutes defining crimes, procedural rules, and administrative laws regulating punishment and incarceration.
Criminal justice, on the other hand, refers to the universal and policy aspects of the field, including policing, courts, and corrections. It explores the criminal justice system from the perspectives of both the victim and the criminal. For example, a student of criminal justice might learn about how police departments must adhere to the demands of the communities they serve, and how terrorism and the internet have changed the landscape. Criminal justice is a more versatile major than criminal law, with graduates going into law enforcement, consulting, and academic careers.
Criminal law is an intensive research environment, requiring strong writing skills and a keen eye for detail. It is usually studied at the graduate level, after completion of a bachelor's degree, and leads to a career as a lawyer, judge, prosecutor, or defence attorney. Criminal law is also a common path for those seeking to work in legislatures crafting laws.
Criminal justice can be chosen as a major at any academic level, from an associate's to a graduate degree. It is a good choice for those seeking a career in law enforcement, with graduates going on to become police officers, sheriffs, or federal agents.
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The criminal code
Criminal law covers a wide range of legal areas, and studying it involves understanding the complexities of the modern legal system. Criminal law is a public law, meaning the state is both the accuser and the victim, and the ultimate goal is the good of the general population. This field of law involves the creation of statutes that define crimes, procedural rules, and administrative laws that regulate punishment and incarceration.
The advantages of a criminal code include consistency and accessibility for laypeople. It can help to avoid an intimidating or incomprehensible legal system for non-lawyers. On the other hand, critics argue that codes are too rigid and do not provide the flexibility needed for effective law.
In some countries, like India, a single criminal code applies to the entire country. In Canada, each subnational unit may have its own penal code. The United States has a Model Penal Code, which is not law but serves as a basis for many states' criminal laws. Title 18 of the United States Code is the criminal code for federal crimes.
In England and Wales, efforts to introduce a criminal code were abandoned in 2008 due to the complexity of existing laws and legal precedent. However, the project was revived in 2009, and a Draft Criminal Code and Commentary was published in 2011.
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Courtroom drama vs. reality
Studying criminal law can lead to a dynamic, challenging, and unpredictable career. Criminal law covers a vast area of the legal structure, and the actual practice of criminal law includes much more than courtroom drama or police encounters. From the theories of punishment that inform the creation of laws that define crime, to the procedures and rules that regulate the courts, the study of criminal law touches on all aspects of law.
Courtroom dramas are a genre of film and television that focuses on narratives regarding legal practice and the justice system. While some courtroom dramas strive for accuracy, others are more interested in melodrama. The American Film Institute (AFI) defines "courtroom drama" as a genre of film in which a system of justice plays a critical role in the film's narrative. Courtroom dramas may also include any phase of legal procedure, such as jury deliberations or work done at law firms.
Some popular courtroom dramas that have been praised for their accuracy include Suits, My Cousin Vinny, and For Life. These shows and films capture the balance between accuracy and accessibility, offering an in-depth analysis of the legal system. Rob Reiner's A Few Good Men is another famous courtroom drama that digs into areas of the law that were previously deemed too dark and overwhelming for movies to explore.
In reality, courtroom proceedings are unpredictable and often stressful due to the high stakes involved. There are no scripts to follow, and the consequences of each decision can be life-altering. Judges and attorneys may disagree and try to one-up each other, witnesses may be nervous and contradict themselves, and the language used can be confusing for the jury.
While courtroom dramas can be engaging and provide a glimpse into the legal world, they often simplify and dramatize the complexities of the legal system. The study and practice of criminal law involve a deep understanding of lawyering skills, procedural rules, and the theoretical and political aspects of punishment, in addition to the courtroom drama that captures the public imagination.
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Career paths
A degree in criminal law can lead to a diverse range of career paths. The criminal justice system consists of three branches: law enforcement, the courts, and corrections. Each branch offers numerous career options, ranging from entry-level jobs to senior-level management positions.
A criminal law degree can lead to a career as a prosecutor or defence attorney. It can also lead to work in legislatures, crafting laws, or as a judge in state and federal courts hearing criminal cases. A degree in criminal law can also be a pathway to becoming a police officer, FBI agent, DEA agent, or correctional officer. These roles involve enforcing laws, maintaining order, and ensuring the safety and security of citizens.
Additionally, a degree in criminal law can lead to a career in criminology, which involves analysing crimes and criminals to understand their motives, prevent future crimes, and evaluate punishment and rehabilitation methods. Probation and parole officers, who work with convicted criminals, are also career paths that stem from studying criminal law.
Graduates with a criminal law degree can also pursue careers in criminal psychology, criminal profiling, and other areas of the legal field, such as becoming a judge or working in legislatures. A criminal law degree can also provide a foundation for further studies in graduate or law school, allowing individuals to specialize in a particular area of interest and access advanced career opportunities.
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Theory and politics of punishment
The theory of punishment heavily influences the way people view criminal punishments and what they believe to be appropriate. This belief system about the purpose of punishment often extends to the political sphere, where politics and correctional policy are closely linked. For instance, in the United States, changes in correctional policy were influenced by the political climate of the time. During the liberal era of the 1960s and 1970s, criminal sentences focused on rehabilitation, while the conservative 1980s and 1990s saw a shift towards "getting tough on crime," with retribution, incapacitation, and deterrence becoming dominant correctional goals.
There are four main types of theories of punishment: deterrence theory, retributive theory, preventive theory, and reformative theory. Deterrence theory, as articulated by Jeremy Bentham, suggests that punishment must be prompt, certain, and appropriately severe to deter individuals from committing crimes. This theory assumes that individuals weigh the rewards of a crime against the potential punishment, and if the punishment is perceived as more severe, they will not commit the crime. However, critics argue that deterrence theory does not work, as evidenced by high recidivism rates, and that it does not account for crimes of passion or those committed under the influence.
Retributive theory, or retribution, is arguably the oldest ideology of punishment and is based on the idea of revenge or vengeance for a criminal act. It promotes the removal or dissertation of the offender from society, often through solitary confinement, imprisonment, or exile. While this theory seeks to prevent the repetition of crimes by the same offender, it also has severe consequences and difficulties for the accused.
Preventive theory, or incapacitation, aims to remove individuals from society for a set period to prevent them from committing crimes. This can be achieved through imprisonment or exile, as seen historically with the use of prison ships. Reformative theory, founded by Jeremy Benrhem, is based on the principle of hedonism, which suggests that swift, certain, and severe punishment will deter individuals from committing crimes. This theory aims to reform criminals and turn them into law-abiding citizens.
The justification of punishment is a complex issue that raises moral, legal, and philosophical questions. Abolitionist theorists argue that legal punishment cannot be justified and should be abolished, while consequentialist and retributivist theorists offer differing answers. The study of punishment is closely intertwined with political theory, and recent scholarship has explored the grounding of punishment justification in political theory, with a focus on Rawls' political theory, constructivism, and republicanism.
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Frequently asked questions
Criminal law is a subcategory of the overall legal system, separate from civil law, and deals with the criminal code and the laws related to criminal offences, charges, trials, and punishments for convicted criminals.
Criminal justice is more policy-based and provides a broader overview of the legal system, including policing, courts, and corrections. Criminal law, on the other hand, focuses in-depth on the legal consequences of crimes and is a public law, meaning the state is both the accuser and the victim.
Most criminal law graduates pursue careers as criminal lawyers, prosecutors, or defence attorneys. Other career paths include working in legislatures, judges in criminal courts, parole or probation officers, and more.
Criminal law covers a vast array of issues and is an intense and highly contentious field. It is important to be prepared for extensive reading and to develop strong lawyering skills.
Recommended resources include the book "Acing Criminal Law" and familiarising yourself with key legal doctrines such as the Fourth Amendment, the Exclusionary Rule, and hearsay exceptions.
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