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Criminal Law Info



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By : Aaron R Daniel    19 or more times read
Submitted 2010-09-13 21:24:12
The main objective of criminal law is deterrence and punishment, whereas that of civil law is individual compensation. Criminal offences accommodates 2 distinct elements; the physical act (the actus reus, guilty act) and also the requisite mental state with that the act is completed (the mens rea, guilty mind). For instance, in murder the 'actus reus is the unlawful killing of an individual, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to minimize or negate their liability (criminal responsibility) and specifies the punishment that could be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and also the consent of the victim isn't a defense in most crimes.
Criminal law in most jurisdictions each in 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, numerous 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 connection between personal people and their rights and obligations under the law. Though many ancient legal systems didn't clearly define a distinction between criminal and civil law, in England there was very little difference till the codification of criminal law occurred in the late nineteenth century. In most U.S. law colleges, the essential course in criminal law is based 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).
Varieties 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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