Question

What is common law? What impact does common law have on contemporary American criminal justice?

Answer 1

The common law is originated based on the general usage, tradition, non-statutory customs. These are not based on any type of written statutes. The common law is basically originated from English courts and form of a judicial opinion. The guiding principle for common law is community-based transformation which applies to the national legal system.

The common law has a greater influence on contemporary American criminal justice because the ordinary regulations are based on the past situations and their consequences. The courts generally believe on the set precedent and definite and transparent information. The American criminal laws are derived from the common law and does not con?ict with the state and federal constitutions. Several motions and procedures which are used in the American criminal justice system are developed through the common law. The concept of “stare decisis” is adopted from the common law in the American criminal justice and related system.