What Are the Sources of Criminal Law?
The California State Legislature and the U.S. Congress enact criminal laws. In states having a common law system, state courts make criminal law based on the common law (judge-made-law) inherited from England. The current trend in California is to transfer the development of criminal law from court to legislature. State Criminal Laws Traditionally, crime is considered a matter of state rather than federal concern. Because of this, most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within the state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors. Federal Criminal Laws Congress does enact criminal laws in areas falling within the federal jurisdiction set out in the U.S. Constitution and concerning federal matters. Congress has enacted federal laws dealing with federal property, federal employees, federal taxes, receipt of federal benefits, and federally guaranteed civil r
The Florida State Legislature and the U.S. Congress enact criminal laws. In states having a common law system, state courts make criminal law based on the common law (judge-made-law) inherited from England. The current trend in Florida is to transfer the development of criminal law from court to legislature. State Criminal Laws Traditionally, crime is considered a matter of state rather than federal concern. Because of this, most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within the state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors. Federal Criminal Laws Congress does enact criminal laws in areas falling within the federal jurisdiction set out in the U.S. Constitution and concerning federal matters. Congress has enacted federal laws dealing with federal property, federal employees, federal taxes, receipt of federal benefits, and federally guaranteed civil rights.
