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Compare and Contrast Substantive Law and Procedural Law For this discussion board, please review the hypothetical and answer the following questions: Paul, a law enforcement
Compare and Contrast Substantive Law and Procedural Law
For this discussion board, please review the hypothetical and answer the following questions:
Paul, a law enforcement officer, arrests Barney for creating a disturbance at a subway station. While Barney is handcuffed face down on the ground, Paul shoots and kills him. Paul claims that he accidentally grabbed his gun instead of his Taser.
- How do you define substantive criminal law?
- How do you define criminal procedure?
- What questions of analysis should you ask when deciding whether this was an issue of substantive law or procedural law? (i.e. Did the Defendant commit a crime? Assuming the defendant would be Paul in this case, the alleged crime would be murder.)
- Is this an issue of substantive criminal law or criminal procedure and why?
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