Procedural Law Vs Substantive Essay

There are two categories of criminal law, procedural and substantive. These two types of law are applied to different parts of a criminal case. These two types of law are present in everyday life, just as crime is present. Procedural law and substantive law are necessary to protect the goals of the criminal justice system. While the two may serve the same purpose of bringing a criminal to justice, they do have so important differences.

Procedural law focuses on “rules of evidence, the law of arrest, the law of search and seizure, questions of appeal, jury selection, and the right to counsel”, according to page 64 of the text. Procedural law overall handles the procedures involved in conducting a criminal investigation or trial. Substantive law focuses on defining crimes and the appropriate punishments for those crimes. Substantive law handles the use of information in a case and focuses on the main goals of the criminal justice system, such as maintaining order and protecting citizens.

Procedural law and substantive law differ in several ways. Procedural law focuses on the process of the criminal justice system, while substantive law focuses more on the purpose of the criminal justice system. Procedural law is more of a methodical process, while substantive law is a

moral process. Procedural law follows a series of steps specific to the laws of conducting a criminal case. On the other hand, substantive law deals with upholding the morals of the public and contemporary society. Procedural law is intended to follow due process laws, while substantive law upholds the values to those laws by using the information gathered from procedure to ensure justice is delivered to criminals.
Being the two parts of criminal law, procedural law and substantive law do have similarities.

They both must be implemented to ensure a successful and legal criminal case. Procedural law works with substantive law to conduct a criminal case and to bring criminals to justice. By doing this, both types are preserving the goals of the criminal justice system, which is their similar purpose. Procedural law and substantive law also vary from case to case. No criminal case is the same, so the procedures and substance of cases will vary. Procedural law and substantive law are both necessary in a criminal case because they have different functions that are intertwined to preserve the criminal justice

system.
While procedural law and substantive law may be different parts of the criminal justice system, they both work together to maintain order, deliver justice, and protect citizens. Both types are necessary in ensuring the goals of the criminal justice system are effectively applied to modern society. Without both types, the criminal justice system would be ineffective or nonexistent. It is important to recognize the purposes of procedural and substantive law because they allow the criminal justice system to be effective in the past, present, and future.