About This Chapter
Substantive & Procedural Law - Chapter Summary
Take a look at this chapter's lessons to study the fundamentals of substantive and procedural law. You'll learn about the differences between these two types of law, as well as see concepts related to the exclusionary rule, warrants, due process, Miranda warnings and interrogations. Our expert instructors have designed these lessons to be short, entertaining and simple. Take the accompanying self-assessment quizzes to reinforce your understanding of the material, and study whenever you have free time in your schedule. By the end of the chapter, you should be able to:
- Differentiate between substantive law and procedural law
- Trace the development of substantive criminal law
- Summarize the Bill of Rights
- Evaluate the concept of due process in terms of crime control
- Define criminal procedure rules and laws
- Evaluate legal restraints regarding police actions
- Understand concepts about Miranda warnings, interrogations and police intelligence
- Explain laws and rights pertaining to search and seizure
- Recognize examples of warrants
- Identify Supreme Court decisions about constitutional criminal procedure
- Assess the advantages and disadvantages of the Patriot Act and the exclusionary rule
1. Substantive Law vs. Procedural Law: Definitions and Differences
Substantive law and procedural law work together to ensure that in a criminal or civil case, the appropriate laws are applied and the proper procedures are followed to bring a case to trial. In this lesson, we'll discuss the differences between the two and how they relate to the legal system as a whole.
2. Substantive Criminal Law: Definition & Development
Substantive criminal law is interpreted through a body of rules that dictate what a crime is and how punishment for a crime is administered. Learn more about it in this lesson.
3. The Bill of Rights: The Constitution's First 10 Amendments
The Bill of Rights was pivotal in getting the U.S. Constitution ratified. More importantly, the Bill of Rights guarantees the rights of every citizen of the United States in a way that is nearly unequaled.
4. What Is Due Process in Crime Control? - Definition & Guarantees
Due process refers to the means, guaranteed by the Constitution, for insuring that the government provides justice to its citizens in all legal proceedings. Learn more about due process in crime control and test your knowledge with a quiz.
5. Criminal Procedure Rules: Definition, Laws & Examples
In this lesson, you will be introduced to rules of criminal procedure. This lesson also covers the administration of criminal justice and provides examples of the application of the laws of criminal procedure.
6. Legal Restraints on Police Actions
Legal restraints on police actions are designed to protect individuals from abuses of police power. This lesson explains how legal restraints on police actions originate from the U.S. Constitution, and discusses abuse of police power.
7. Police Intelligence, Interrogations & Miranda Warnings
Police departments must receive and disseminate critical information. This is known as the police intelligence function. This lesson explains the intelligence function, including police interrogations and the role of Miranda warnings.
8. Search & Seizure: Definition, Laws & Rights
In this lesson, we will discuss the legal definition of search and seizure. The laws that pertain to search and seizure and an individual's rights will also be explored in this lesson.
9. The Exclusionary Rule: Definition, History, Pros & Cons
The exclusionary rule is one of the most commonly-used (and famous) principles in U.S. criminal law. If evidence is illegally or unconstitutionally seized, it can't be used at trial - and this rule has changed the most basic ways in which the criminal justice system operates.
10. What Is a Warrant? - Definition & Examples
This lesson will teach you about warrants. Initially, we'll learn what constitutes a warrant and learn what an arrest warrant and a search warrant are, including their basic differences. Then we'll review some examples of each one.
11. Supreme Court Decisions on Constitutional Criminal Procedure
This lesson discusses the important Supreme Court decisions that established the rights a person has while in the criminal justice system. A short quiz follows the lesson to check for your understanding.
12. What Is the Patriot Act? - Definition, Summary, Pros & Cons
Learn about the U.S. Patriot Act in this lesson. Review a summary of the Patriot Act and the key components of the law. Examine the pros and cons of the act to gain a thorough understanding of the law.
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Other chapters within the Criminal Justice 107: Criminal Law course
- Criminal Law: Purposes, Scope & Sources
- Understanding the Types of Jurisdiction
- Essential Elements of a Crime
- Criminal Liability Types
- Justification & Excuse Defenses
- Punishment & Sentencing in Criminal Law
- Legal Overview of Homicide
- Sexual Offenses & Offenders Overview
- Robbery, Theft, Burglary & Property Crimes
- Assault & Battery Overview
- False Imprisonment & Kidnapping
- White, Blue & Green-Collar Crime