Melissa Hinton

CJUS 2093
e-Homework Q&A
1. What is judge-made law? How does judge-made law differ from other types of law?
a. Judge-made law refers to the common law as developed in form and content by judges
or judicial decisions. It is based on the judges interpretation and discretion. American
law is predominately judge-made. It is otherwise known as common law.
b. Statute or statutory laws are set forth by the federal government.
1. You see a lot of these instances where statute and common law collide when it
comes to states with legalized marihuana use or states with medicinal
marihuana.
2. What is the difference between criminal law and other forms of law? How do laws of criminal
procedure differ from substantive criminal laws?
a. Criminal laws are laws passed by government that define and prohibit antisocial
behavior.
1. Criminal procedure law
1. No independent existence
2. Tell us how the legal process is to be implemented
3. Steps on how we get to the trial
4. Ex: One party sues another
2. Substantive criminal laws
1. Independent set of laws
2. Legal solutions
3. Substance of the trial
4. Defines what conduct is criminal
5. Ex: Murder trial
3. What is the purpose of law? What is the purpose of criminal law? What would a society without
laws be like?
a. The purpose of law is to support social order.
b. The purpose of criminal law:
1. Protect members of the public from harm
2. Preserve and maintain social order
3. Support fundamental social values
4. Distinguish criminal wrongs from civil wrongs
5. Express communal condemnation of criminal behavior
6. Deter people from criminal activity
7. Stipulate the degree of seriousness of criminal conduct
8. Establish criteria for the clear determination of guilt or innocence at trial
9. Punish those who commit crimes
10. Rehabilitate offenders
11. Assuage victims of crime
c. A society with no laws would be anarchic.

4. How can law be used as a tool of social engineering? If you were in a position to enact laws,
what kind of social engineering might you undertake? Why?
a. It can set rules and control behavior by making certain things legal/illegal through
manipulation.
b. I would make it mandatory for the federal, state, and local governments for all drug
offenders to undergo severe rehabilitation.
1. Our prison systems are over-crowded. Many drug offenders are repeat
offenders. If these offenders were properly reintroduced into society, instead of
just being told to report to parole/probation I feel they would become
productive members of society.
5. What is stare decisis? From where does the principle derive?
a. Stare decisis is a Latin phrase that means let the decision stand.
b. The doctrine that principle of law established in earlier judicial decisions should be
accepted as authoritative in similar subsequent cases. In other words, once a decision
has been made it will become a precedent (legal guide for other cases). Its a guideline
for other similar cases.