Criminal law is the same as punitive law. Consequences under these laws can be harsh and unique depending on what the type misconduct and jurisdiction it happened in. The usual consequences for violating criminal laws include:
o Prison time
o Execution
o Probation or parole
o Monetary fines
There have been situations where the laws become unclear between criminal law and civil law. Criminal law is very distinctive as the penalties for violating the law can be severe. For example, an offender sent to prison can be sent on a solitary basis or for the remainder of their life. House arrest is quite similar to imprisonment given the fact that it involves the offender being confined to a particular area. The offender can also lose assets and property depending on the case.
Punishment
The courts have put forth a strict set of punishments in order to keep individuals afraid to break the law. There are five classes of consequences that vary depending on jurisdiction which are:
o Punishment
o Deterrence
o Restitution
o Incapacitation
o Retribution
Public International Law
Public international laws apply in cases where an entire area or society is affected by an atrocious crime. The history of this law dates back to WW2 with the Nuremburg Trials. These trials paved the path for a future in which an individual who commits a crime on behalf of their government are still held responsible for the crime committed and will not be granted sovereign immunity.
Actus Reus
Actus Reus is known as a guilty act. These undesirable acts need evidence that a crime was committed by an actual action, threat of an action, or lack of an action. In order for this to apply to a crime it needs to have a physical element. Actus Reus applies to dangerous situations due to a result of someone’s actions. Strict liability crimes have the possibility of harsh punishment and thus there needs to be valid proof of mens rea (guilty mind).
Mens Rea
Mens rea is the term for guilty mind, meaning it was an intentional act to violate the law. However, under criminal, intention and motive are different. Innocent intentions do not undo the criminal intentions. Cases where the offender performs an act knowing it is dangerous are considered to qualify for mens rea. The courts view this as carelessness and if the offender did not know the risks, mens rea will be reduced.
Degrees Of Murder
Murder is the most common targeted act under criminal laws. Depending on the jurisdiction, the severity levels for punishment of these offenses varies. Manslaughter is murder without malevolence present, usually committed by provocation or reduced capacity. Some cases where the murder is a result of recklessness may be considered involuntary manslaughter. First degree murder requires intentional murder fueled by hatred.
Tags: Claws On law, criminal law