Essay about Procedural Law : Procedural Justice System

1192 Words May 1st, 2016 null Page
The United States Criminal Justice System uses procedural justice; whereas, the Japanese Justice System uses substantive justice (DeSombre, 1995). Procedural law “points out the kind of evidence that can be submitted, what the jury is allowed to hear and the credentials of those allowed to represent the defendant” (Schmalleger, 2011, p. 20). Procedural law protects the rights of criminal suspects by specifying step-by-step rules that outline the legal criminal procedure by which the criminal justice system functions and the substantive criminal law can be enforced (Schmalleger, 2011). Procedural law acts as a balance between the rights of criminal suspects and the state’s interests in processing the criminal defendants promptly and efficiently (Schmalleger, 2011). An example of procedural law is the statute of limitations or the amount of allotted time, that a person has to sue another and the rules that dictate the process. The procedural law rules can differ in different courts and states, as a result, changing the outcome of the case. Substantive law explains what establishes certain crimes and designates suitable sanctions for each specific criminal offense (Schmalleger, 2011). Some of the crimes that substantive law spells out and designate punishment for are: murder, rape, assault, and robbery (Schmalleger, 2011). Substantive law specifies the rights and duties of the people (Merriam-Webster, 2016). An example of substantive law is how the degrees of murder…

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