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Encyclopedia > Criminal law
Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Criminal damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. Image File history File links Gnome-globe. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Image File history File links Scale_of_justice. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... For other uses, see concurrency. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. ... This article does not cite any references or sources. ... Sex crimes are forms of human sexual behavior that are crimes. ... This article or section does not cite its references or sources. ... Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... A young waif steals a pair of boots “Stealing” redirects here. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... ... Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ... In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill at the time of their allegedly criminal actions. ... In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... For English law on the criminal defence, see duress in English law. ... This article is about the law definition of necessity. ... For the country-specific law, see provocation in English law. ... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... This article does not cite any references or sources. ... Punishment is the practice of imposing something unpleasant on a wrongdoer. ... In law, an offense is a violation of the penal law. ... This article does not cite any references or sources. ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... It has been suggested that Medical parole be merged into this article or section. ... This article does not cite any references or sources. ... FINE was created in 1998 and is an informal association of the four main Fair Trade networks: F Fairtrade Labelling Organizations International (FLO) I International Fair Trade Association (IFAT) N Network of European Worldshops (NEWS!) and E European Fair Trade Association (EFTA) // The aim of FINE is to enable these... In the common law, civil law refers to the area of law governing relations between private individuals. ...

Contents

Criminal law history

The first civilizations generally did not distinguish between civil and criminal law. The first known written codes of law were produced by the Sumerians. In the 21st century B.C., King Ur-Nammu acted as the first legislator and created a formal system in thirty-two articles: the Code of Ur-Nammu.[1] Another important ancient code was the Code Hammurabi, which formed the core of Babylonian law. Neither set of laws separated penal codes and civil laws. Sumer (or Shumer, Sumeria, Shinar, native ki-en-gir) formed the southern part of Mesopotamia from the time of settlement by the Sumerians until the time of Babylonia. ... Ur-Nammu (or Urnamma) was an ancient Sumerian king of Ur, fl. ... The Code of Ur-Nammu is the oldest known tablet containing a law code surviving today. ... An inscription of the Code of Hammurabi. ... The material for the study of Babylonian law is singularly extensive. ...

A depiction of a 1600s criminal trial, for witchcraft in Salem
A depiction of a 1600s criminal trial, for witchcraft in Salem

The similarly significant Commentaries of Gaius on the Twelve Tables also conflated the civil and criminal aspects, treating theft or furtum as a tort. Assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages. public domain, Pioneers in the Settlement of America by William A. Crafts. ... public domain, Pioneers in the Settlement of America by William A. Crafts. ... Look up trial in Wiktionary, the free dictionary. ... “Witch” redirects here. ... 1876 illustration of the courtroom; the central figure is usually identified as Mary Walcott The Salem witch trials were a series of hearings by local magistrates and county court trials to prosecute people alleged to have committed acts of witchcraft in Essex, Suffolk and Middlesex Counties of Massachusetts in 1692... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... Not to be confused with torte, an iced cake. ... “Unlawful entry” redirects here. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ...


The first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England.[2] The special notion of criminal penalty, at least concerning Europe, arose in Spanish Late Scolasticism (see Alfonso de Castro, when the theological notion of God's penalty (poena aeterna) that was inflicted solely for a guilty mind, became transfused into canon law first and, finally, to secular criminal law.[3] The development of the state dispensing justice in a court clearly emerged in the eighteenth century when European countries began maintaining police services. From this point, criminal law had formal the mechanisms for enforcement, which allowed for its development as a discernable entity. William I ( 1027 – September 9, 1087), was King of England from 1066 to 1087. ... Alfonso de Castro, statue in Zamora Alfonso de Castro (1495 in Zamora – 1558 in Brussels), known also as Alphonsus a Castro, was a Franciscan theologian and jurist. ... For other uses, see State (disambiguation). ... This article is about the concept of justice. ...


Criminal Sanctions

Criminal law is distinctive for the uniquely serious potential consequences of failure to abide by its rules. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Corporal punishment is forced pain intended to change a persons behaviour or to punish them. ... Whipping on a post Flagellation is the act of whipping (Latin flagellum, whip) the human body. ... Caning in British slang refers to consuming large amounts of intoxicants. ... A prison is a place in which people are confined and deprived of a range of liberties. ... In justice and law, house arrest is the situation where a person is confined (by the authorities) to his or her residence. ... It has been suggested that Medical parole be merged into this article or section. ... This article does not cite any references or sources. ... FINE was created in 1998 and is an informal association of the four main Fair Trade networks: F Fairtrade Labelling Organizations International (FLO) I International Fair Trade Association (IFAT) N Network of European Worldshops (NEWS!) and E European Fair Trade Association (EFTA) // The aim of FINE is to enable these...


Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restitution. Jurisdictions differ on the value to be placed on each. Punishment is the practice of imposing something unpleasant on a wrongdoer. ... Retributive justice maintains that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible benefits. ... Deterrence is a theory of justice whereby the aim of punishment is to prevent or deter future mischief. ... This theory of punishment is based on the notion that punishment is to be inflicted on a offender so as to reform him, or rehabilitate him so as to make his re-integration into society easier. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ...

  • Retribution - Criminals ought to suffer in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to "balance the scales." This belief has some connection with utilitarianism. People submit to the law to receive the right not to be murdered and if people contravene these laws, they surrender the rights granted to them by the law. Thus, one who murders may be murdered himself. A related theory includes the idea of "righting the balance."
  • Deterrence - Individual deterrence is aimed toward the specific offender. The aim is to impose a sufficient penalty to discourage the offender from criminal behavior. General deterrence aims at society at large. By imposing a penalty on those who commit offenses, other individuals are discouraged from committing those offenses.
  • Incapacitation - Designed simply to keep criminals away from society so that the public is protected from their misconduct. This is often achieved through prison sentences today. The death penalty or banishment have served the same purpose.
  • Rehabilitation - Aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offending by convincing the offender that their conduct was wrong.
  • Restitution - This is a victim-oriented theory of punishment. The goal is to repair, through state authority, any hurt inflicted on the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restitution is commonly combined with other main goals of criminal justice and is closely related to concepts in the civil law.

Retributive justice maintains that proportionate punishment is a morally acceptable response to crime, regardless of whether the punishment causes any tangible benefits. ... This article discusses utilitarian ethical theory. ... Deterrence is a theory of justice whereby the aim of punishment is to prevent or deter future mischief. ... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... See Exile (disambiguation) for other meanings. ... Look up Rehabilitation on Wiktionary, the free dictionary Rehabilitation is the restoration of lost capabilities, or the treatment aimed at producing it. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... In the broadest sense a fraud is any crime (or civil wrong) for gain that utilises some deception practiced on the victim as its principal method. ... In the common law, civil law refers to the area of law governing relations between private individuals. ...

Criminal law jurisdictions

International law

Public international law deals extensively and increasingly with criminal conduct, that is heinous and ghastly enough to affect entire societies and regions. The formative source of modern international criminal law was the Nuremberg trials following the Second World War in which the leaders of Nazism were prosecuted for their part in genocide and atrocities across Europe. In 1998 an International criminal court was established in the Hague under what is known as the Rome Statute. This is specifically to try heads and members of governments who have taken part in crimes against humanity. Not all countries have agreed to take part, including Yemen, Libya, Iraq and the United States. International law deals with the relationships between states, or between persons or entities in different states. ... This article is in need of attention. ... The United States, amid bipartisan consensus, has stated that it does not intend to ratify the treaty creating the International Criminal Court. ... Image File history File links Metadata Size of this preview: 450 × 600 pixelsFull resolution (2616 × 3488 pixel, file size: 1. ... Image File history File links Metadata Size of this preview: 450 × 600 pixelsFull resolution (2616 × 3488 pixel, file size: 1. ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... Coordinates: , Country Netherlands Province South Holland Area (2006)  - Municipality 98. ... International law deals with the relationships between states, or between persons or entities in different states. ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ... Nazism, or National Socialism (German: Nationalsozialismus), refers primarily to the totalitarian ideology and practices of the Nazi Party (National Socialist German Workers Party, German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP) under Adolf Hitler. ... For other uses, see Genocide (disambiguation). ... An atrocity (from the Latin atrox, atrocious, from Latin ater = matte black (as distinct from niger = shiny black)) is a term used to describe crimes ranging from an act committed against a single person to one committed against a population or ethnic group. ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... Arms of The Hague The Hague (with capital T; Dutch: Den Haag, or officially s-Gravenhage) is the administrative capital of the Netherlands, located in the west of the country, in the province South Holland of which it is also the capital. ... Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International... This article is in need of attention. ...

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United States

Main article: Criminal procedure

In the United States, criminal prosecutions typically are initiated by complaint issued by a judge or by indictment issued by a grand jury. As to felonies in Federal court, the [[Fifth Amendment to the United JUSTIN SAYS HELLO FooLZ Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ...


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Selected Criminal Laws

Many, many laws are enforced by threat of criminal punishment, and their particulars may vary widely from place to place. The entire universe of criminal law is too vast to intelligently catalog. Nevertheless, the following are some of the more known aspects of the criminal law. Punishment is the practice of imposing something unpleasant on a wrongdoer. ...


Elements

The criminal law generally prohibits undesirable acts. Thus, proof of a crime requires proof of some act. Scholars label this the requirement of an actus reus or guilty act. Some crimes — particularly modern regulatory offenses — require no more, and they are known as strict liability offenses. Nevertheless, because of the potentially severe consequences of criminal conviction, judges at common law also sought proof of an intent to do some bad thing, the mens rea or guilty mind. As to crimes of which both actus reus and mens rea are requirements, judges have concluded that the elements must be present at precisely the same moment and it is not enough that they occurred sequentially at different times. [4] The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The mens rea is the Latin term for guilty mind used in the criminal law. ...


Actus reus

Main article: Actus reus
An English court room in 1886, with Lord Chief Justice Coleridge presiding
An English court room in 1886, with Lord Chief Justice Coleridge presiding

Actus reus is Latin for "guilty act" and is the physical element of committing a crime. It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act. For example, the act of A striking B might suffice, or a parent's failure to give food to a young child also may provide the actus reus for a crime. The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ... Image File history File links No higher resolution available. ... Image File history File links No higher resolution available. ... Lord Coleridge presiding in 1886 John Duke Coleridge, 1st Baron Coleridge PC (3 December 1820 – 14 June 1894), was a British lawyer, judge and Liberal politician. ... For other uses, see Latin (disambiguation). ... In the criminal law, an omission or failure to act will constitute an actus reus (Latin for guilty act) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. ...


Where the actus reus is a failure to act, there must be a duty. A duty can arise through contract,[5] a voluntary undertaking,[6] a blood relation with whom one lives,[7] and occasionally through one's official position.[8] Duty also can arise from one's own creation of a dangerous situation.[9] Occasional sources of duties for bystanders to accidents in Europe and North America are good samaritan laws, which can criminalise failure to help someone in distress (e.g. a drowning child).[10] A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Good Samaritan laws (Acts) in the United States and Canada are laws/acts protecting from blame those who choose to aid others who are injured or ill. ...


An actus reus may be nullified by an absence of causation. For example, a crime involves harm to a person, the person's action must be the but for cause and proximate cause of the harm.[11] If more than one cause exists (e.g. harm comes at the hands of more than one culprit) the act must have "more than a slight or trifling link" to the harm.[12] Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... For English law, see Causation in English law In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ...


Causation is not broken simply because a victim is particularly vulnerable. This is known as the thin skull rule.[13] However, it may be broken by an intervening act (novus actus interveniens) of a third party, the victim's own conduct,[14] or another unpredictable event. A mistake in medical treatment typically will not sever the chain, unless the mistakes are in themselves "so potent in causing death."[15] The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from his or her activities leading to an injury to another person, even if the victim suffers an unusually high level... For the chemical substances known as medicines, see medication. ...


Mens rea

Main article: Mens rea
The English fictional character Robin Hood had the mens rea for robbing the rich, despite his good intentions of giving to the poor
The English fictional character Robin Hood had the mens rea for robbing the rich, despite his good intentions of giving to the poor

Mens rea is another Latin phrase, meaning "guilty mind." A guilty mind means an intention to commit some wrongful act. Intention under criminal law is separate from a person's motive. If Mr. Hood robs from rich Mr. Nottingham because his motive is to give the money to poor Mrs. Marion, his "good intentions" do not change his criminal intention to commit robbery.[16] The mens rea is the Latin term for guilty mind used in the criminal law. ... Image File history File links Robin_shoots_with_sir_Guy_by_Louis_Rhead_1912. ... Image File history File links Robin_shoots_with_sir_Guy_by_Louis_Rhead_1912. ... For other uses, see Robin Hood (disambiguation). ... For other uses, see Latin (disambiguation). ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... This article or section does not adequately cite its references or sources. ... For other uses, see Robin Hood (disambiguation). ... The Sheriff of Nottingham was historically the office responsible for enforcing law and order in Nottingham and bringing criminals to justice. ... Maid Marian is the female companion to the legendary figure Robin Hood. ...


A lower threshold of mens rea is satisfied when a defendant recognises an act is dangerous but decides to commit it anyway. This is recklessness. For instance, if C tears a gas meter from a wall to get the money inside, and knows this will let flammable gas escape into a neighbour's house, he could be liable for poisoning.[17] Courts often consider whether the actor did recognize the danger, or alternatively ought to have recognised a risk.[18] Of course, a requirement only that one ought to have recognized a danger (though he did not) is tantamount to erasing intent as a requirement. In this way, the importance of mens rea has been reduced in some areas of the criminal law. In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... David Hume raised the is-ought problem in his Treatise of Human Nature. ... The mens rea is the Latin term for guilty mind used in the criminal law. ...


Wrongfulness of intent also may vary the seriousness of an offense. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas a killing effected by reckless acts lacking such a consciousness could be manslaughter.[19] On the other hand, it matters not who is actually harmed through a defendant's actions. The doctrine of transferred malice means, for instance, that if a man intends to strike a person with his belt, but the belt bounces off and hits another, mens rea is transferred from the intended target to the person who actually was struck.[20] This article or section does not adequately cite its references or sources. ... Grievous bodily harm or GBH is a phrase used in English criminal law which was introduced in ss18 and 20 Offences Against The Person Act 1861. ... Transferred intent is a doctrine used in both criminal law and tort law that is applied when the intent to harm one individual inadvertently causes a second person to be hurt instead. ...


Strict liability

Main article: Strict liability

Not all crimes require bad intent, and alternatively, the threshold of culpability required may be reduced. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly. In offences of absolute liability, other than the prohibited act, it may not be necessary to show anything at all, even if the defendant would not normally be perceived to be at fault. Most strict liability offences are created by statute, and often they are the result of ambiguous drafting unless legislation explicitly names an offence as one of strict liability. Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Strict liability is a legal doctrine that makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability (or fault in criminal law terms, which would normally be expressed through a mens rea requirement; see Strict liability (criminal). ...


Fatal offenses

A murder, defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law. In many jurisdictions, the crime of murder is divided into various gradations of severity, e.g., murder in the first degree, based on intent. Malice is a required element of murder. Manslaughter is a lesser variety of killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Murder is both a legal and a moral term, that are not always coincident. ... It has been suggested that this article or section be merged into manslaughter. ... The term jurisdiction has more than one sense. ... The term Malice has several meanings: Malice (legal term), a legal term describing the intent to harm Malice (movie), a 1993 movie starring Nicole Kidman, Alec Baldwin and Bill Pullman Malice (noun), a way to describe the feeling of hatred or disrespect. ... The term provocation, besides its generic meaning of an act to be a cause of something, has the following technical meanings. ... In jurisprudence, diminished responsibility (or diminished capacity) is a defense by excuse via which a defendant argues that that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... Murder is both a legal and a moral term, that are not always coincident. ...


Personal offenses

Many criminal codes protect the physical integrity of the body. The crime of battery is traditionally understood as an unlawful touching, although this does not include everyday knocks and jolts to which people silently consent as the result of presence in a crowd. Creating a fear of imminent battery is an assault, and also may give rise to criminal liability. Non-consensual intercourse, or rape, is a particularly egregious form of battery. This article does not cite any references or sources. ... “Bad Touch” redirects here. ... This article does not cite any references or sources. ... It has been suggested that Duration of sexual intercourse be merged into this article or section. ...


Property offenses

Main articles: Criminal damage, Theft, Robbery, and Burglary

Property often is protected by the criminal law. Trespassing is unlawful entry onto the real property of another. Many criminal codes provide penalties for conversion, embezzlement, theft, all of which involve deprivations of the value of property. Robbery is a theft by force. Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ... A young waif steals a pair of boots “Stealing” redirects here. ... “Unlawful entry” redirects here. ... In general, conversion is the transformation of one thing into another. ... A young waif steals a pair of boots “Stealing” redirects here. ...


Participatory offenses

Main articles: Accomplice, Aid and abet, and Inchoate offences

Some criminal codes criminalize association with a criminal venture or involvement in criminality that does not actually come to fruition. Some examples are aiding, abetting, conspiracy, and attempt. At law, an accomplice is a person who actively participates in the commission of a crime, even though they take no part in the actual criminal offence. ... To assist the perpetrator of the crime while sharing in the requisite intent. ... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... Look up conspiracy in Wiktionary, the free dictionary. ...


Defenses

See also: Category:Criminal defenses

There are a variety of conditions that will tend to negate elements of a crime (particularly the intent element) that are known as defenses. The label may be apt in jurisdictions where the accused may be assigned some burden before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the government, which also must prove the absence of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment. A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ...


Insanity

Insanity or mental disorder (Australia and Canada), may negate the intent of any crime, although it pertains only to those crimes having an intent element. A variety of rules have been advanced to define what, precisely, constitutes criminal insanity. The most common definitions involve either an actor's lack of understanding of the wrongfulness of the offending conduct, or the actor's inability to conform conduct to the law.[21] If one succeeds in being declared "not guilty by reason of insanity," then the result frequently is treatment mental hospital, although some jurisdictions provide the sentencing authority with flexibility.[22] As further described in [1]criminal defense articles available online. In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill at the time of their allegedly criminal actions. ... In criminal law of commonwealth countries, the defense of mental disorder - sometimes called the defence of mental illness - is a legal defence by excuse, by which a defendant may argue that they should not be held criminally liable for breaking the law, as they were at the time of their... Image File history File links Download high resolution version (2042x1782, 722 KB) Summary The Interior of Bedlam, from A Rakes Progress by William Hogarth, 1763. ... Image File history File links Download high resolution version (2042x1782, 722 KB) Summary The Interior of Bedlam, from A Rakes Progress by William Hogarth, 1763. ... William Hogarth (November 10, 1697 – October 26, 1764) was a major English painter, printmaker, pictorial satirist, and editorial cartoonist who has been credited as a pioneer in western sequential art. ... Plate 3 - Tom succumbs to the pleasures of the flesh at The Rose Tavern, Drury Lane. ... A psychiatric hospital (also called, at various places and times, mental hospital or mental ward, historically often asylum, lunatic asylum, or madhouse), is a hospital specialising in the treatment of persons with mental illness. ... The Bethlem Royal Hospital, (which has been variously known as Bethlem Hospital, Bethlehem Hospital and Bedlam) is the worlds oldest madhouse or psychiatric hospital. ... A psychiatric hospital (also called a mental hospital or asylum) is a hospital specializing in the treatment of persons with mental illness. ... In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ...


Automatism

Main article: Automatism (law)

Automatism is a state where the muscles act without any control by the mind, or with a lack of consciousness.[23] One may suddenly fall ill, into a dream like state as a result of post traumatic stress,[24] or even be "attacked by a swarm of bees" and go into an automatic spell.[25] However to be classed as an "automaton" means there must have been a total destruction of voluntary control, which does not include a partial loss of consciousness as the result of driving for too long.[26] Where the onset of loss of bodily control was blameworthy, e.g., the result of voluntary drug use, it may be a defense only to specific intent crimes.[27] Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ...


Intoxication

Main article: Intoxication defence
The Drunkenness of Noah by Michelangelo

In some jurisdictions, intoxication may negate specific intent, a particular kind of mens rea applicable only to some crimes. For example, lack of specific intent might reduce murder to manslaughter. Voluntary intoxication nevertheless often will provide basic intent, e.g., the intent required for manslaughter.[28] On the other hand, involuntarily intoxication, for example by punch spiked unforeseeably with alcohol, may give rise to no inference of basic intent. General intent crimes do not require an intent to break the law, just an unlawful act (actus reus). Specific intent crimes, however, require a certain mental state (mens rea) to break the law. ... Image File history File links Michelangelo_drunken_Noah. ... Image File history File links Michelangelo_drunken_Noah. ... Michelangelo (full name Michelangelo di Lodovico Buonarroti Simoni) (March 6, 1475 - February 18, 1564) was a Renaissance sculptor, architect, painter, and poet. ... Look up Specific intent on Wiktionary, the free dictionary Specific intent to bring about a result. ...


Mistake

"I made a mistake" is a defense in some jurisdictions if the mistake is about a fact and is genuine.[29] For example, a charge of battery on a police officer may be negated by genuine (and perhaps reasonable) mistake of fact that the person battered was a criminal and not an officer.[30] Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ...

Sir Galahad, a mediaeval hero displaying qualities that Lord Halisham thought everyone could display under duress
Sir Galahad, a mediaeval hero displaying qualities that Lord Halisham thought everyone could display under duress

Image File history File links Please see the file description page for further information. ... Image File history File links Please see the file description page for further information. ... Sir Galahad was one of the knights of King Arthurs Round Table in Arthurian legend. ... For other uses, see Hero (disambiguation). ...

Self defense

Main article: Self-defense (theory)

Self-defense is, in general, some reasonable action taken in protection of self. An act taken in self-defense often is not a crime at all; no punishment will be imposed. To qualify, any defensive force must be proportionate to the threat. Use of a firearm in response to a non-lethal threat is a typical example of disproportionate force. This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...


Duress

Main article: Duress

One who is "under duress" is forced into an unlawful act. Duress can be a defense in many jurisdictions, although not for the most serious crimes of murder, attempted murder, being an accessory to murder[31] and in many countries, treason.[32] The duress must involve the threat of imminent peril of death or serious injury, operating on the defendant's mind and overbearing his will.[33] Threats to third persons may qualify.[34] The defendant must reasonably believe the threat,[35] and there is no defense if "a sober person of reasonable firmness, sharing the characteristics of the accused" would have responded differently.[36] Age, pregnancy, physical disability, mental illness, sexuality have been considered, although basic intelligence has been rejected as a criterion.[37] For English law on the criminal defence, see duress in English law. ... This article does not cite its references or sources. ... For other uses, see Treason (disambiguation) or Traitor (disambiguation). ...


The accused must not have foregone some safe avenue of escape.[38] The duress must have been an order to do something specific, so that one cannot be threatened with harm to repay money and then choose to rob a bank to repay it.[39] If one puts himself in a position where he could be threatened, duress may not be a viable defense.[40]


Notes

  1. ^ Kramer, Samuel Noah. (1971) The Sumerians: Their History, Culture, and Character, p.4, University of Chicago ISBN 0-226-45238-7
  2. ^ see, Pennington, Kenneth (1993) The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition, University of California Press
  3. ^ Harald Maihold, Strafe für fremde Schuld? Die Systematisierung des Strafbegriffs in der Spanischen Spätscholastik und Naturrechtslehre, Köln u.a. 2005
  4. ^ This is demonstrated by R v. Church [1966] 1 QB 59. Mr. Church had a fight with a woman which rendered her unconscious. He attempted to revive her, but gave up, believing her to be dead. He threw her, still alive, in a nearby river, where she drowned. The court held that Mr. Church was not guilty of murder (because he did not ever desire to kill her), but was guilty of manslaughter. The "chain of events," his act of throwing her into the water and his desire to hit her, coincided. In this manner, it does not matter when a guilty mind and act coincide, as long as at some point they do. See also, Fagan v. Metropolitan Police Commissioner [1968] 3 All ER 442, where angry Mr Fagan wouldn't take his car off a policeman's foot
  5. ^ R v. Pittwood (1902) 19 TLR 37 - a railway worker who omitted to shut the crossing gates, convicted of manslaughter when someone was run over by a train
  6. ^ e.g. the partner in Gibbons who was not a blood parent, but had assumed a duty of care
  7. ^ R v. Stone and Dobinson [1977] QB 354, where an ill tended sister named Fanny couldn't leave bed, was not cared for at all and literally rotted in her own filth. This is gross negligence manslaughter.
  8. ^ R v. Dytham [1979] QB 722, where a policeman on duty stood and watched three men kick another to death.
  9. ^ R v. Miller [1983] 1 All ER 978, a squatter flicked away a still lit cigarette, which landed on a mattress. He failed to take action, and after the building had burned down, he was convicted of arson. He failed to correct the dangerous situation he created, as he was duty bound to do. See also, R v. Santana-Bermudez (2003) where a thug with a needle failed to tell a policewoman searching his pockets that he had one.
  10. ^ On the other hand, it was held in the U.K. that switching off the life support of someone in a persistent vegetative state is an omission to act and not criminal. Since discontinuation of power is not a voluntary act, not grossly negligent, and is in the patient's best interests, no crime takes place. Airedale NHS Trust v. Bland [1993] 1 All ER 821
  11. ^ e.g R v. Pagett [1983] Crim LR 393, where 'but for' the defendant using his pregnant girlfriend for a human shield from police fire, she would not have died. Pagget's conduct foreseeably procured the heavy police response.
  12. ^ R v. Kimsey [1996] Crim LR 35, where 2 girls were racing their cars dangerously and crashed. One died, but the other was found slightly at fault for her death and convicted.
  13. ^ e.g. R v. Blaue [1975] where a Jehovah's witness (who refuse blood transfusions on religious grounds) was stabbed and without accepting life saving treatment died.
  14. ^ e.g. R v. Williams [1992] where a hitchhiker who jumped from a car and died, apparently because the driver tried to steal his wallet, was a "daft" intervening act. c.f. R v. Roberts [1971] Crim LR 27, where a girl jumped from a speeding car to avoid sexual advances and was injured and R v. Majoram [2000] Crim LR 372 where thugs kicked in the victims door scared him to jumping from the window. These actions were foreseeable, creating liability for injuries.
  15. ^ per Beldam LJ, R v. Cheshire [1991] 3 All ER 670; see also, R v. Jordan [1956] 40 Cr App R 152, where a stab victim recovering well in hospital was given an antibiotic. The victim was allergic, but he was given it the next day too, and died. The hospital's actions intervened and absolved the defendant.
  16. ^ R v. Mohan [1975] 2 All ER 193, intention defined as "a decision to bring about... [the actus reus] no matter whether the accused desired that consequence of his act or not."
  17. ^ c.f. R v. Cunningham [1957] 2 All ER 863, where the defendant did not realise, and was not liable; also R v. G and Another [2003 UKHL 50]
  18. ^ previously in the U.K. under Metropolitan Police Commissioner v. Caldwell [1981] 1 All ER 961
  19. ^ R v. Woolin [1998 4 All ER 103]
  20. ^ R v. Latimer (1886) 17 QBD 359; though for an entirely different offence, e.g. breaking a window, one cannot transfer malice, see R v. Pembliton (1874) LR 2 CCR 119
  21. ^ M'Naghten's case (1843) 10 C & F 200, where a man suffering extreme paranoia believed the Tory party of the United Kingdom, were persecuting him. He wanted to shoot and kill Prime Minister Sir Robert Peel, but got Peel's secretary in the back instead. Mr M'Naghten was found to be insane, and instead of prison, put in a mental hospital. The case produced the rules that a person is presumed to be sane and responsible, unless it is shown that (1) he was labouring under such a defect of reason (2) from disease of the mind (3) as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong. These elements must be proven present on the balance of probabilities. "Defect of reason" means much more than, for instance, absent mindedness making a lady walk from a supermarket without paying for a jar of mincemeat. R v. Clarke [1972] 1 All ER 219, caused by diabetes and depression, but the lady pleaded guilty because she did not want to defend herself as insane. Her conviction was later quashed. A "disease of the mind" includes not just brain diseases, but any impairment "permanent or transient and intermittent" so long as it is not externally caused (e.g. by drugs) and it has some effect on one's mind. R v. Sullivan [1984] AC 156. So epilepsy can count, as can an artery problem causing temporary loss of consciousness (and a man to attack his wife with a hammer). R v. Kemp [1957] 1 QB 399. Diabetes may cause temporary "insanity" R v. Hennessy [1989] 2 All ER 9; though see R v. Quick [1973] and the automatism defence. and even sleep walking has been deemed "insane".R v. Burgess [1991] 2 All ER 769 "Not knowing the nature or wrongness of an act" is the final threshold which confirms insanity as related to the act in question. In R v. Windle R v. Windle 1952 2 QB 826 a man helped his wife commit suicide by giving her a hundred aspirin. He was in fact mentally ill, but as he recognised what he did and that it was wrong by saying to police "I suppose they will hang me for this", he was found not insane and guilty of murder. Mr Windle was not hanged!
  22. ^ E.g. in the U.K. Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, giving the judge discretion to impose hospitalisation, guardianship, supervision and treatment or discharge.
  23. ^ Bratty v. Attorney-General for Northern Ireland [1963] AC 386
  24. ^ R v. T [1990] Crim LR 256
  25. ^ see Kay v. Butterworth (1945) 61 TLR 452
  26. ^ Attorney-General's Reference (No. 2 of 1992) [1993] 4 All ER 683
  27. ^ R v. Hardie [1984] 1 WLR 64. Mr Hardie took his girlfriend's valium, because she had just kicked him out and he was depressed. She encouraged him to take them, to make him feel better. But he got angry and set fire to the wardrobe. It was held that he should not be convicted of arson because he expected the valium to calm him down, and this was its normal effect.
  28. ^ DPP v. Majewski 1977 AC 433, where M was drunk and drugged and attacked people in a pub. He had no defence to actual bodily harm. In R v. Sheehan and Moore two viciously drunken scoundrels threw petrol on a tramp and set fire to him. They got off for murder, but still went down for manslaughter, since that is a crime of basic intent. Of course, it can well be the case that someone is not drunk enough to support any intoxication defence at all. R v. Gallagher [1963] AC 349.
  29. ^ DPP v. Morgan and others [1976] AC 182, where an RAF man told three officers to have sex with his wife, and she would pretend to refuse just to be stimulating. They pleaded mistake, and the jury did not believe them.
  30. ^ R v. Williams [1987] 3 All ER 411
  31. ^ c.f. DPP for Northern Ireland v. Lynch [1975] 1 All ER 913, the old English rule whereby duress was available for a secondary party to murder; see now R v. Howe [1987] 1 AC 417, where the defendant helped torture, sexually abuse and strangling.
  32. ^ This strict rule has been upheld in relation to a sixteen year old boy told by his father to stab his mother. R v. Gotts [1992] 2 AC 412, convicted for attempted murder.
  33. ^ R v. Abdul-Hussain [1999] Crim LR 570, where two Shiites escaped from persecution in Iraq by going to Sudan and hijacking a plane. The threat was not imminent but "hanging over them" so they were not convicted.
  34. ^ E.g., family, R v. Martin [1989], close friends, or under certain circumstances, car passengers, R v. Conway [1988] 3 All ER 1025
  35. ^ n.b. this may differ to the state of mind in the case of mistake, where the only requirement is that one honestly believes something. Here it may need to be a "reasonable belief", see also R v. Hasan (formerly Z) [2005 UKHL 22]
  36. ^ R v. Graham [1982], where duress was rejected
  37. ^ R v. Bowen [1996]
  38. ^ R v. Gill [1963], where someone told to steal a lorry could have raised the alarm; see also R v. Hudson and Taylor [1971] where two teenage girls were scared into perjuring, and not convicted because their age was relevant and police protection not always seen to be safe.
  39. ^ R v. Cole [1994]
  40. ^ See R v. Sharp [1987]. But see R v. Shepherd [1987]

Manufacturers are reponsible for adequately warning consumers of possibly dangerous products. ... Two unlit filtered cigarettes. ... A pillow top queen-size mattress. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... A persistent vegetative state (PVS) is a condition of patients with severe brain damage in whom coma has progressed to a state of wakefulness without detectable awareness. ... R v Blaue [1975] 61 Cr App R 271 is a case in English law in which the Court of Appeal decided that the refusal of a Jehovas Witness to accept a blood transfusion after being stabbed did not constitute a novus actus interveniens for the purposes of legal... Daniel MNaghten (Pronounced McNaughten) (1815? – 1865) was a Scottish woodsman who assassinated English civil servant Edward Drummond while suffering from paranoid delusions. ... The Conservative Party (officially the Conservative and Unionist Party) is the second largest political party in the United Kingdom in terms of sitting Members of Parliament (MPs), the largest in terms of public membership, and the oldest political party in the United Kingdom. ... This is about the British Prime Minister. ... The MNaghten Rules are used to establish insanity as an excuse to potential criminal liability, but the definitional criteria establish insanity in the legal and not the psychological sense. ... Burden of proof is the obligation to prove allegations which are presented in a legal action. ... This article is about the drug. ... Diazepam, brand names: Valium, Seduxen, in Europe Apozepam, is a 1,4-benzodiazepine derivative, which possesses anxiolytic, anticonvulsant, sedative and skeletal muscle relaxant properties. ... In psychology, there are several models that attempt to explain and account for the trajectory of the breakup of a relationship. ... Look up depression in Wiktionary, the free dictionary. ... Look up Wardrobe in Wiktionary, the free dictionary. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Also: 1977 (album) by Ash. ... Actual Bodily Harm (often abbreviated to ABH) is a type of criminal assault defined under English law. ... Gasoline, as it is known in North America, or petrol, in many Commonwealth countries (sometimes also called motor spirit) is a petroleum-derived liquid mixture consisting primarily of hydrocarbons, used as fuel in internal combustion engines. ... For other uses, see Tramp (disambiguation). ... For other uses, see Fire (disambiguation). ... RAF is an three letter acronym for: Royal Air Force -- the Air Force of the United Kingdom (see also Air Ministry) Red Army Faction (Rote Armee Fraktion) -- a German terror organisation Rigas Autobusu Fabrika -- a factory making buses in Riga, Latvia Rapid Action Force in India Računarski Fakultet RAF... For other uses, see Torture (disambiguation). ... “Bad Touch” redirects here. ... U.S. Army Combatives instructor Matt Larsen uses a chokehold to strangle an opponent in hand to hand combat training. ...

References

  • Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review 18(2). 
  • Fletcher, George P. (1998). Basic Concepts of Criminal Law. Oxford University Press. 
  • Fletcher, George P. (2000). Rethinking Criminal Law. Oxford University Press. 
  • Gorr, Michael, Sterling Harwood, eds. (1992). Controversies in Criminal Law. Westview Press. 
  • Gross, Hyman (2005, reissue). A Theory of Criminal Justice. Oxford University Press. 
  • Hall, Jerome (1960). General Principles of Criminal Law. Lexis Law Pub. ISBN 0-672-80035-7. 
  • Hart, H.L.A. (1968). Punishment and Responsibility. Oxford University Press. 
  • Harwood, Sterling (2000, formerly 1996). "Is Mercy Inherently Unjust?", Crime and Punishment: Philosophic Explorations. Wadsworth Publishing Co., formerly Jones & Bartlett Publishers. 
  • Murphy, Jeffrie, et al. (1990). Forgiveness and Mercy. Cambridge University Press. 
  • Smith, K. J. M. (1998). Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence, 1800-1957. Clarendon Press. 
  • van den Haag, Ernest (1978). Punishing Criminals: Concerning a Very Old and Painful Question. Basic Books. 
  • Ormerod, David (2005). Smith and Hogan: Criminal Law. Oxford University Press. 

External links

  • Stanford Encyclopedia of Philosophy entry on Theories of Criminal Law

  Results from FactBites:
 
Criminal law - Wikipedia, the free encyclopedia (895 words)
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.
Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract.
Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law.
  More results at FactBites »

 
 

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