What is the source of most criminal law today? Where does that law come from?

Expert Solution

There are different sources of criminal law:

Common law - Unwritten laws, judge-made laws, and precedents set in previous cases. Once a decision is made in a court of law for a legal issue, it forms a decision rule for similar legal issues that come up in future.
Constitution - Article VI of the constitution is considered as supreme law of the land.
Statutes & Ordinances - The laws passed by the Government - Congress and State Governments. Ordinances made by City councils or relevant authorities also form a source of criminal law. Federal and State statutes may overlap in criminal cases. Statutes and Ordinances are the source of most criminal law today.
Administrative rules by certain Govt. agencies - Agencies such as IRS, EPA, and FTC establish their own rules to investigate violations (can be criminal in nature). They have their own rules to impose fine or imprisonment depending on the scale of violation. For Example - IRS finds tax-evaders on a yearly basis and fines them appropriately.
Appellate court decisions - Also referred to as case law, these are decisions generally made by the appellate court based on interpretation of laws established (statutory or precedents).

keosha answered 1 year ago

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