Criminal Law Evaluation
Sharon Smith
CJA 354
March 05, 2012
Gary Weil

Criminal Law Evaluation Concerning criminal Law here in the United States it revolves around criminal justices system, and there is always a purpose for these laws. Laws are set to protect society. This paper will examine the sources and purpose of criminal law. The purpose of criminal law is to protect and serve the citizens, and criminal law provides punishment and penalties to those who want to break the law. There are laws in place for him or her to abide by. One must understand how laws are enforced; by this there is the jurisdiction, which is the legal authority that enforces laws. Jurisdiction in criminal law is law enforcement has the right to arrest him or her for a crime, which he or she has committed. Jurisdiction has rules that have to be followed. Example of jurisdiction is crossing state lines the movie Blue Streak starting Eddie Murphy. In this movie it showed a good example of jurisdiction, here Eddie Murphy found a diamond and his was in the process of arrested, but cross the United States boarder into Mexico, and the FBI could not touch him because he was in another jurisdiction. To explain more about jurisdiction, unless that officer has been granted authority to arrest him or her from that state he or she is not allowed crossing over to another state. Another example of jurisdiction would be between federal and local. Police officers cannot arrest a person on a military base, and cannot investigate him or her as well. That is why many people flee the United States when he or she commits a crime. When speaking about criminal law adversary and standards come into play. Here one must prove guilt or innocence, here one the defense or prosecution must discover the truth in his or her case and the only way this will take place is with adversarial system. With adversarial each is having the right o prove his or case with facts from a partisan point of view. The adversarial system helps maximize the chances that all the relevant facts and arguments will be placed before fact-finders. When the reader speaks on different in cases, he or she speaks about the difference between the prosecution and the defense. The prosecutor has two roles to play in government. He or she has duties is to the representative for the government and also is the government lawyers, the defense in this case acts as the protector of the defendants and his or her interests. When looking at the different between criminal liability and accomplice liability, each state has his or her on criminal laws. There are some states will sentence a person who helped the person committee the crime and him or she will be held responsible for the crime and can receive the same sentences for the act, event if he or she did not take part in it (Moore, M. S. 2007). Example of an accomplice would be his or her friend enter into a store, he or she held up the stores, and get into his or her car, then he or she will be considered the accomplice, although he or she may knew what was taking place, he or she is held as the accomplice. When this crime enter into court the accomplice would be allowed and reduce sentence or conviction for this crime. When the discussion on inchoate offense he or she must understand what inchoate offense means. According to US Legal definition on inchoate offense it states “a type of crime committed in furtherance of committing another crime” US Legal, Inc. (2001-2012). There is several type of inchoate offense, but I will be discussing attempt, conspiracy, and solicitation in this order. Attempt mean failure, the act of crime did not happen. Example would be he or she shooting at somebody and missed. Most states will allow the prosecutor to charge that person with attempted murder or harm against that person. Conspiracy is when an agreement, it do not mean you have a writing agreement on the crime. Conspiracy is a meeting of the mind when he or she was thinking about how to commit the crime. According to U.S. code Title 18, Section 371 there are three elements of conspiracy which are two are more persons, agreement to commit offenses against the United States, or agreement to defraud the United States, and an overt act in furtherance thereof ("18 U.S.C... § 3: Us Code - Section 371: Conspiracy To Commit Offense Or To Defraud United States", 2012). Solicitation is known as he or she is looking for someone else to commit the crime. This crime is over once he or she asks someone to commit the act. According to ("18 U.S.C. § 373: Us Code - Section 373: Solicitation to Commit A Crime of Violence", 2012) it states whoever with intent that another person engage in conduct constituting a felony that has as an element the use or against. Understanding the laws in criminal law and how they are created and enforce is very important. He or she has more information provide to him or her thought the study of law library, and internet to address these topics that was discuss in this paper.

References
CRIMINAL PROCEDURE -- FEDERAL SENTENCING GUIDELINES -- THIRD CIRCUIT DEEPENS SPLIT OVER NOTICE REQUIREMENT FOR NON-GUIDELINES SENTENCES. -- United States v. Vampire Nation, 451 F.3d 189 (3d Cir.), cert, denied, 127 S. Ct. 424, reh'g denied, 127 S. Ct... (2007). Harvard Law Review, 120(6), 1723-1730.
E., L. L. (1913). Criminal Attempts. Journal of the American Institute of Criminal Law & Criminology, 3(5), 786-787.
Moore, M. S. (2007). Causing, Aiding, and the Superfluity of Accomplice Liability University of Pennsylvania Law Review, 156(2), 395-452.
Smith, J. C. (1957). Two Problems in Criminal Attempts. Harvard Law Review, 70(3), 422-448.
US Legal, Inc. (2001-2012). Retrieved from http://definitions.uslegal.com/i/inchoate-offense/ 18 U.S.C. § 373: US Code - Section 373: Solicitation to commit a crime of violence. (2012). Retrieved from http://codes.lp.findlaw.com/uscode/18/I/19/373

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