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Criminal Law Information

By: nikky Howard

In keeping with criminal law, crimes are offences against the social order. In common law jurisdictions, there's a legal fiction that crimes disturb the peace of the sovereign. Government officers, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is that the sovereign, which in practical terms translates into the monarch or the people.

The key objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct components; the physical act (the actus reus, guilty act) and therefore the requisite mental state with that the act is done (the mens rea, guilty mind). For instance, in murder the 'actus reus is the unlawful killing of an individual, whereas the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law additionally details the defenses that defendants might bring to reduce or negate their liability (criminal responsibility) and specifies the punishment that could be inflicted. Criminal law neither needs a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution will occur over the objections of the victim and the consent of the victim is not a defense in most crimes.

Criminal law in most jurisdictions each within the common and civil law traditions is divided into 2 fields:

* Criminal procedure regulates the process for addressing violations of criminal law

* Substantive criminal law details the definition of, and punishments for, varied crimes.

Criminal law distinguishes crimes from civil wrongs like tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of people and teams in relation to societal norms at giant whereas civil law is aimed primarily at the relationship between non-public people and their rights and obligations underneath the law. Although many ancient legal systems did not clearly outline a distinction between criminal and civil law, in England there was very little distinction until the codification of criminal law occurred within the late nineteenth century. In most U.S. law faculties, the fundamental course in criminal law is predicated upon the English common criminal law of 1750 (with some minor Yank modifications just like the clarification of mens rea within the Model Penal Code).

Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.

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