The Development of Criminal Law Throughout The Time

Criminal Law ” is a system of laws concerned with the punishment of individuals who commit crimes.” Throughout the years, the system has developed in order to be relevant to the changes in society. These changes have influenced how those in power maintain and keep society organized. The changes to Criminal Law have occurred throughout the Political Era, the Reform Era, and the Community Era.

The sources of Criminal Law include Constitutional Law, Statutory Law, Administrative Law, and Case Law. Constitutional Laws encompass the fundamental principles of the United States Constitution. These laws reflect the relationship within society which include “the states and the federal government, the three branche (executive, legislative, judicial) of the federal government, and the rights of an individual in relation to both federal and state government.” Unlike Statutory Laws which are proposed and enforced by the United States Congress legislative branch. These laws are heavily constructed by the courts in which “courts are not able to read between the lines of a statute in order to liberalize its application.” Administrative Law included laws and legal principles that govern administrative agencies such as Social Security Administrative, Unemployment Insurance Boards, and Welfare Commission etc. Agencies usually have their own regulations and produces which they must follow in order to obtain assistance. They do have however have limited power under the authority given by legislative powers. Finally, the Courts of Appellate and high Judicial Courts have the power to create Case Law (Common Law) through decisions they have made during the trial. Once the law has been enforced all of the lower courts must follow them. These laws apply to civil and criminal and civil cases that help to protect civil rights. These sources are fundamental in how legislation is imposed and enforced into laws that govern our society. To which their influence during the different types of the era was a prominent part of how those in power held authority.

During the Political Era, American police authority and resources were controlled by local politicians. Police officers during this period had no proper training, however, they were guided by law which explained their duties and restrictions. The department's goal included crime control, order maintenance, and broad social services. Police officers were placed into neighborhoods to which they foot patrolled and had rudimentary investigations. Although, laws were enforced in order to restrict police officers’ bribery was common to which corruption within the system became common. Due to the lack of proper training officers often restored to violence and brutality against the community. This lead to an intimidating relationship between the community and the police officers. Although, the system appeared to function the lack of organization resulted in conflict between local politicians and urban reformers. Urban reformers wanted a system that reflected the needs through an external and internal reform of the system. 

The Reform Era recognized the need for change from the previous era. Police brutality and corruption within the system were in need of an urgent change in which the community could feel safe. New departments were developed as a means for the department to become organized. Training for officers became more intense as they were tested physically and mentally. During this period technology advanced to which patrol cars, radio communications, public records systems, and fingerprinting became part of the department. The improvements allowed for a more organized and professional area of law. The need for crime control depended on maintaining dominance in a narrow matter to which it dismissed outside the domain. Although the reform strategy was successful in a narrow service line and maintain dominance in the crime control, it was unable to maintain its power during the social change of the 1960s and the 1970s. 

The social change during the 1960s and 1970s created issues including the civil rights movement, migration, difference in age population. These issues increased fear, police corruption, decriminalization of movements to which the Reform Era couldn't adjust to. Although technology improved the means in which police officers could maintain order, the Community era restored old methods. The police returned to patrol on foot, solved problems, and public disputes. The authority came from communities, laws, and professionalism. The focus was on the improvement of the citizen's quality of life, fear reduction, and reduction in crime. In order to accomplish this goal, they maintained the same officers for a long period of time. The department also focused on more productive and creative ways in order to solve citizens' concerns. However, it also returned back to an intimidating relationship between the community and the police officers. Officers were resistant to the change brought during social change. 

Although, the development of policing and criminal law has changed the primary functions still remain similar to today's society which includes protecting, punishing, maintaining and teaching. Even though Criminal Law follows its own relegations they must abide to the Bill of Rights. The 8th Amendment directly from the Bill of Rights states that ” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” To which the rights of the offender given by the Constitution should still apply. Offenders should be punished based upon the gravity of the crime committed. However, it is the duty of law to enforce and protect the citizens from any further crime committed by the offender. Another major function of Criminal Law is to maintain social order by removing the source of crime. In order for Criminal Law to protect its citizens they must remove the source of danger by doing so it limits the possibility of another crime. To which Criminal law also wishes to “reflect values, morals and norms of society and teach expectations of society.” Through this, they are able to express and spread a message that can prevent younger generations from living a life of crime.

Bibliography

1. Kelling, George L, and Mark H Moore (n.d). The Evolving Strategy of Policing. Retrieved from www.ncjrs.gov/pdffiles1/nij/114213.pdf.
2. Nelson, Jeremy (n.d). The Bill of Rights (Amendments 1 - 10). National Center for Constitutional Studies, National Center for Constitutional Studies, 1 Jan. 2018, nccs.net/blogs/americas-founding-documents/bill-of-rights-amendments-1-10.
3. HG Legal Resources (n.d). Administrative Law. Retrieved from https://www.hg.org/adm.html
4. HG Legal Resources (n.d). Statutory Law. Retrieved from www.hg.org/statutory-law.html.
5. Legal Information Institute (n.d). Constitutional Law. Retrieved from www.law.cornell.edu/wex/constitutional_law.
6. Legal Information Institute (n.d). Criminal Law. Retrieved from www.law.cornell.edu/wex/constitutional_law.