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Criminal law is the portion of law that defines and sets the parameters for punishment of crimes. It includes both legal codes and case law and generally has two divisions: federal and state.
Crime
Crime defined from a legal perspective is anything that violates legal code. It may or may not be based on what is moral or ethical.
Legal Code
Legal code is the law. It is created by a legislature (state or federal) and is the standard by which prosecutors charge crimes and judges order punishments.
Case Law
Case law is established whenever a higher court (federal or state ) makes a "for-publication" ruling. It interprets and clarifies legal code and its application.
Criminal Law Hierarchy
Appeals of criminal rulings in the county court are made first to the appeals court and then to the state Supreme Court. On the federal level, one appeals first to the circuit court of a specific geographical region and then to the U.S. Supreme Court.
Application of Rulings
The highest court decision takes legal precedence over that of a lower court. On the federal level, however, the decision of the district court of one geographical region is not binding on that of another. The decision of the U.S. Supreme Court, however, is binding in all regions and districts.
Source:
The Legal Research Manual: A Game Plan for Legal Research and Analysis; Wren and Wren; 1986
Prisoners' Self-Help Litigation Manual; Boston and Manville; 1996
Resource:
Criminal Law: Guide to Criminal and Penal Law
ABA Division for Public Education: Criminal Law
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