> For the complete documentation index, see [llms.txt](https://studies-de-jure.gitbook.io/learn/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://studies-de-jure.gitbook.io/learn/sourcebooks/criminal-law/1.2-criminal-law-and-criminal-procedure.md).
# 1.2: Criminal Law and Criminal Procedure
1. Last updated
2. [Save as PDF](https://biz.libretexts.org/@api/deki/pages/100579/pdf/1.2%3A%2bCriminal%2bLaw%2band%2bCriminal%2bProcedure.pdf)
* Page ID100579
* 
* [Matthew L. Mac Kelly](https://www.cuw.edu/academics/schools/business/faculty.html)
* [Concordia University Wisconsin](https://www.cuw.edu/)
**Learning Objective**
Compare criminal law and criminal procedure.
### The Distinctions Between Criminal Law and Criminal Procedure
This book focuses on **criminal law** (sometimes referred to as substantive criminal law), but it occasionally touches on issues of **criminal procedure** (sometimes referred to as procedural criminal law), so it is important to differentiate between the two.
**Criminal law** generally defines the *rights* and *obligations* of individuals in society. Some common issues in criminal law are the elements of specific crimes and the elements of various criminal defenses. **Criminal procedure** generally concerns the *enforcement* of individuals’ rights during the criminal process. Examples of procedural issues are individuals’ rights during law enforcement investigations, arrests, charge filings, trials, and appeals.
#### Clip Corner: Criminal Law vs. Criminal Procedure
#### Example \\(\PageIndex{1}\\)
Clara and Linda go on a shopping spree. Linda insists that they browse an expensive department store. Moments after they enter the lingerie department, Linda surreptitiously places a bra in her purse. Clara watches, horrified, but does not say anything, even though a security guard is standing nearby.
This example illustrates two issues of criminal law: (1) Which crime did Linda commit when she shoplifted the bra? (2) Did Clara commit a crime when she failed to alert the security guard to Linda’s shoplifting? You learn the answer to issue (1) in [Chapter 11](https://biz.libretexts.org/Courses/Concordia_University_Wisconsin/JPP_207_Substantive_Criminal_Law/11%3A_Crimes_against_Property?readerView) and issue (2) in [Chapter 4](https://biz.libretexts.org/Courses/Concordia_University_Wisconsin/JPP_207_Substantive_Criminal_Law/04%3A_The_Elements_of_a_Crime?readerView) and [Chapter 7](https://biz.libretexts.org/Courses/Concordia_University_Wisconsin/JPP_207_Substantive_Criminal_Law/07%3A_Parties_to_Crime?readerView).
#### Example \\(\PageIndex{2}\\)
Review the previous example. Assume that Linda and Clara attempt to leave the store and an alarm is activated. Linda begins sprinting down the street. Colin, a police officer, just happens to be driving by with the window of his patrol car open. He hears the store alarm, sees Linda running, and begins shooting at Linda from the car. Linda is shot in the leg and collapses. Linda is treated at the hospital for her injury, and when she is released, Colin arrests her and transports her to the police station. He brings her to an isolated room and leaves her there alone. Twelve hours later, he reenters the room and begins questioning Linda. Linda immediately requests an attorney. Colin ignores this request and continues to question Linda about the reason the department store alarm went off.
Whether Colin properly arrested and interrogated Linda are **criminal procedure** issues beyond the scope of this text; however, this example does illustrate one criminal law issue: Did Colin *commit a crime* when he shot Linda in the leg? You learn the answer to this question in [Chapter 5](https://biz.libretexts.org/Courses/Concordia_University_Wisconsin/JPP_207_Substantive_Criminal_Law/05%3A_Criminal_Defenses_Part_1?readerView).
Figure 1.2 Criminal Law and Criminal Procedure
### Key Takeaway
* Criminal law generally defines the rights and obligations of individuals in society. Criminal procedure generally concerns the enforcement of individuals’ rights during the criminal process.
### Exercises
**Exercise \\(\PageIndex{1}\\)**
Paul, a law enforcement officer, arrests Barney for creating a disturbance at a subway station. While Barney is handcuffed and facedown on the ground, Paul shoots and kills him. Paul claims that he accidentally grabbed his gun instead of his Taser. Do these facts raise a legal issue of criminal law, criminal procedure, or both? Why?
**Answer**
These facts potentially raise issues of *both criminal law* and *criminal procedure*. In relation to criminal law, despite Paul being a law enforcement officer, he may have committed a crime when he shot Barney while face down in handcuffs. The question in this case is not whether the arrest was carried out properly, but whether a *crime was committed* after the arrest.
**Exercise \\(\PageIndex{2}\\)**
Read [*Payton v. New York*](https://scholar.google.com/scholar_case?case=14936388408511643149\&q=Payton+v.+New+York,+445+U.S.+573\&hl=en\&as_sdt=2006), 445 U.S. 573 (1980). In *Payton*, the US Supreme Court held a New York statute unconstitutional under the Fourth Amendment. Does the *Payton* ruling focus on criminal law or criminal procedure? Why?
**Answer**
*Payton* reviews a New York statute allowing law enforcement to arrest a defendant in the home without a warrant. This case focuses on law enforcement arrests, so it examines an issue of criminal procedure.
---
# Agent Instructions
This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com.
## Querying This Documentation
If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question.
Perform an HTTP GET request on the current page URL with the `ask` query parameter:
```
GET https://studies-de-jure.gitbook.io/learn/sourcebooks/criminal-law/1.2-criminal-law-and-criminal-procedure.md?ask=
```
The question should be specific, self-contained, and written in natural language.
The response will contain a direct answer to the question and relevant excerpts and sources from the documentation.
Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.
