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Some Basic Information about Criminal Law

In cases when offenses are committed that are detrimental to society, these are called crimes. As far as common law jurisdiction, when crimes disturb the peace of the sovereign, a legal implication is involved. Offenders of peace of the sovereign will be prosecuted by the government officials who are the agents of the sovereign. The term plaintiff in practical terms of criminal law is translated as the monarch or people.

Unlike in civil law when the objective is individual compensation, the major objective of criminal law is deterrence and punishment. A criminal offence has two particular elements and these are the physical act or the actus reur or guilty act and the requisite mental state of which the act is done or mens rea or guilty mind. In a murder case for example, the actus reus is the unlawful killing of a person while it is the intention to kill or cause grievous injury as the mens rea. Under criminal law, defendents would detail their defences in order to lessen or negate their criminal responsibility, and it is this law also that will specify the punishment to be inflicted. It is not the nature of the criminal law to require a victim or a victim’s consent to prosecute the offender. Be aware that there is criminal prosecution over objections of the victim, and nor will the consent of the victim becomes a defence in crimes.

There are two fields that a criminal law would play in most jurisdictions of both common and civil law traditions. First is that the criminal procedure would regulate the process in order to address the violations of criminal law. The second is the definition of and punishments of the various crimes which the substantive criminal law will detail out.
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With criminal law, crimes from civil wrongs like tort or breach of contract are distinguished from the other. The criminal law therefore is a system that regulates the behaviour of individuals and groups in relation to societal norms as a whole, while civil law is directed primarily at the relationship between private individuals and their rights and obligations under the law. Several ancient legal systems did not clearly define the distinction between criminal and civil law until the nineteenth century. The English common criminal law of 1750 has become the basic course in criminal law in most U.S. law schools.
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Arrests and searches, drug crimes, juvenile law, drunk driving, parole, probation, pardons, violent crimes, white collar crimes and military law are among the many types of criminal laws.

Be informed that the other name of criminal law is penal law, and it is the term used to refer many rule bodies with specific jurisdictions.