Criminal Law Concept

The concept of criminal law, sometimes even penal law, relates to each of the various organs of the rules in different countries, whose common feature is the possibility that the unique and often severe impositions as punishment for the rape. Criminal Court sentence, depending on the offense and competence, may include performance, loss of liberty, government supervision (parole or probation), or fines. The criminal law is normally applied by the government, in contrast to the civil law which may be enforced by private entities.

Criminal prosecution with the government of a person for an act a crime. In a criminal case, the state, by a prosecutor, who started the demand, while in one case, civilian casualties brings the color. People accused of a crime can be imprisoned, fined or both. Although there are some common law crimes, most crimes in the United States are of local, state and federal governments. Criminal laws vary from state to state. Crime includes both felonies (most serious crimes - such as murder or rape) and misdemeanors (less serious crimes - such as theft or jaywalking). Usually the offenses are felonies punishable by imprisonment of one year or more, while misdemeanors are crimes punishable by less than a year. Most of the crimes (with the exception of crimes of strict liability) consist of two elements: an act, or actus reus, "and a mental state, or" Mens rea. "Criminal law is clearly different from any serious consequences of not complying with its rules. Every crime is made up of criminal elements. The death penalty may, in some countries for the most serious crimes. They may even imposed fines, seizure of money or property from a person with a criminal.

Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restitution.

  1. Retribution - criminals should suffer in any way. Criminals have the unfair advantage or disadvantage to other bad added, and therefore the criminal law is the criminals to some unpleasant drawbacks to "balance the scales." People of the law to obtain the right not to be murdered, and if the people against these laws, are given the rights granted to them under the law.
  2. Deterrence - Individual deterrence is directed to specific authors. The goal is to provide a sufficient penalty for the perpetrators of criminal conduct. General deterrence is aimed at society as a whole. In imposing a punishment of crimes, other people will be deterred from carrying out these crimes.
  3. Incapacitation - Designed simply to keep criminals out of society so that the public is protected from their misconduct. This is often caused by prison sentences today. The death penalty or banishment served the same purpose.
  4. Rehabilitation - is used to transform an offender into a valuable member of society. Its main objective is to prevent a further offensive to convince the offender that his conduct was wrong.
  5. Restitution - This is a victim-oriented theory of punishment. The goal is to repair, governmental authority, all the added injury to the victim by the offender. For example, that a misappropriation of the obligation to repay the amount due acquired. The refund is often used in combination with other main objectives of criminal justice and is closely linked with the concepts in civil law.


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