Substantive Criminal Law

When comparing three counties such as Australia, Canada, and the U.S. we need to think of the substantive criminal law of each country. This paper will compare the substantive criminal law between the three countries. Furthermore, this paper will explain how the definitions of criminal responsibility differ between Australia, Canada, and the U.S. The similarities and differences of substantive law as they appear in the legal traditions of the three countries will also be looked at and identified. This paper will also explain the effects of public and private law within the countries mentioned here. Lastly, this paper will explain the forms of judicial review that each country may use. Each of the three countries will obviously have differences, …show more content…
While Australia, Canada, and the U.S. have a common heritage they operate in a different manner. Australia and the U.S. share a similar set of rules regarding the investigation of crime, the fact finding process at trial, and the sense of fundamental fairness required for a just procedure. However, there are some striking differences between Australia and the U.S. Some of these are the differing views concerning the limits on law enforcement actions, the admissibility of evidence in criminal prosecutions, and the roles of the lawyer and the jury (Marcus & Waye, 2004). When the U.S. is compared to Canada, one of its closest neighbors, there are still many similarities and differences. Unlike the U.S., Canada does not have a constitution. Rather, Canada has several statutes of both the United Kingdom and Canadian Parliaments. This helps form a form of constitution, but there is not a singular document. The Canadian legal system is based on the common law tradition of the United Kingdom. In this respect, common law principles in Canada, such as those found in the law of tort, contract or property are quite similar to those of the United States of America (Gowlings, …show more content…
Public law is what governs the relationship between the state and the individual. This covers three divisions: constitutional law, administrative law, and criminal law (Mabelle, 2011). Private law is simple another name for civil law which deals with issues between individuals or companies. The public law in Australia is based on history and formed by the people. Australia has the belief that there is no such thing as a power to make laws on any topic and for any purpose (French, 2012). Canada also breaks their laws into criminal, constitutional, and administrative laws under public law. These are rules set up to govern the people and form a balance between individual rights and sets individual obligations (Government of Canada, Department of Justice, Electronic Communications, 2017). Private law also deals with individuals just as in Australia. In the U.S., public law governs the individual, citizen or corporation, and the state, while private law applies to individuals. Public law deals with a greater scope, while private law deals with a more specific scope. Public law deals more with issues that affect the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations (Mabelle, 2011). These laws, public and private, all affect the people depending on what the needs are. They are all set up

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