what are the sources of criminal law

11 months ago 41
Nature

There are three main sources of criminal law: constitutional law, statutory law, and case law.

  • Constitutional law: The US Constitution created the legal system in the United States, and each state also has its own constitution. Constitutional law is the highest source of law.

  • Statutory law: Laws passed by Congress and by state legislatures make up most of criminal law. Each state has a statutory criminal code, as does the federal government.

  • Case law: When judges rule on the facts of a particular case, they create case law. Federal case law comes from federal courts, and state case law comes from state courts. Case law has its origins in English common law.

Other sources of criminal law include administrative law and ordinances passed by city councils.