CJA 483

1. Running head: Common Law Advantages 1
Common Law Advantages
Dwan Smith
University of Phoenix
CJA/483 Futures in criminal justice
MU10BCJ07

2. Pursuing Common Law Advantages 2
Common Law
(Advantages)
Law originated from usage and custom rather than from writing ten statues. The term to
refer to an unwritten body of judicial opinion originally developed by English courts that are
based on no statutory customs traditions, and precedents that help guide judicial decision
making(Schmalleger, 2009, p.115). It is referred to as the traditional body of unwritten historical
precedents created from everyday social customs, rules, practices, many of which were
supported by judicial decisions during early times. Common law principles are still used to
interpret many legal issues in quite a few states. Hence, it is not uncommon to hear jurisdictions
within the United States referred to as “common law jurisdiction” or common law
statesSchmalleger, 2009, p.115).
In today’s criminal justice system certain ideas and proceedings derive from the
previously mentioned “common law”. In particular judges todayoften refer to common law as a
cornerstone to the guidelines or as a necessary precedent to follow, while making their own
decisions. Other advantages can be broken down into simpler terms.There are many arguments
that constitute the advantages of common law.One is “Equity” which in the criminal justice field
is commonly referred to as fairness or justice. One of the arguments in favor of a common law
system is that equity is a characteristic of this system. One of the things common law prides itself
on is the fact that the precedence is set that in all cases, all people are treated equally. The same
legal principles are applied to all people irrespective of their position regardless of the abundance
of wealth or power or lack of, to which in some countries may be a detrimental factor. So this
system of following precedents which already been set previously tends to bring equity and

3. Pursuing Common Law Advantages 3
fairness to all that follows. Another isexpedient, which is referred to as something helpful or
useful in the desire to get a particular goal accomplished. In retrospect to common lawcertain
decisions are based upon previous judgments. This gives all parties involved a since of what to
expect; thus giving them an element of predictability. The process is easier and more practical as
there are no fixed, lengthy rules but real situations that have already been resolved as a result of
previous criminal cases. The next advantage is efficiency. As there is already a basis on which
the judgment will be passed, a basic framework to say the least. In today’s criminal justice
system the judicial process to say is regulated at a much rapid pace. There is certain efficiency in
the process as compared to what the procedure would be like in comparison with a system that
did not follow the precedent based system. In addition the decisions that are made today are
based on a precedent and so have a stronger basis.
To simplify; as previously mentioned common law derived the English legal tradition
where local judges make legal decisions between citizens. Their decisions formed precedent to
which we use today and the decisions became the law itself. This system allows the law to adapt
to new situations with the goal to hopefully adapting to the community morals and values that
initially sparked.

4. Pursuing Common Law Advantages 4
References
Schmalleger, F. (2009).Criminal Justice Today (10th ed.). Upper Saddle River, NJ:
Pearson Prentice Hall.
What are the advsntages and disadvantages of common law. (2011). Retrieved from
http://www.answers.com>law and legal issues.
What are the main differences between civil and common law. (Mat 2011). Retrieved
from http://www.quora.com what are the advantages.