According to criminal law, crimes are offences against the social order. In prevalent law jurisdictions, there is a legal fiction that crimes disturb the peace in the sovereign. Government officials, as agents in the sovereign, are accountable for the prosecution of offenders. Therefore, the criminal law “plaintiff” could be the sovereign, which in practical terms translates into the monarch or the persons.
The significant objective of criminal law is deterrence and punishment, whilst that of civil law is individual compensation. Criminal offences consist of two distinct components; the physical act (the actus reus, guilty act) and also the requisite mental state with which the act is done (the mens rea, guilty thoughts). One example is, in murder the ‘actus reus could be the unlawful killing of a person, though the ‘mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also information the defenses that defendants could bring to lessen or negate their liability (criminal duty) and specifies the punishment which may very well be inflicted. Criminal law neither calls for a victim, nor a victim’s consent, to prosecute an offender. In addition, a criminal prosecution can take place over the objections from the victim and also the consent of your victim will not be a defense in most crimes.
Criminal law in most jurisdictions both in the prevalent and civil law traditions is divided into two fields:
* Criminal process regulates the procedure for addressing violations of criminal law
* Substantive criminal law information the definition of, and punishments for, several crimes.
Criminal law distinguishes crimes from civil wrongs which include tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of men and women and groups in relation to societal norms at big whereas civil law is aimed mainly in the partnership amongst private people and their rights and obligations under the law. While several ancient legal systems did not clearly define a distinction among criminal and civil law, in England there was small difference till the codification of criminal law occurred within the late nineteenth century. In most U.S. law schools, the fundamental course in criminal law is based upon the English popular criminal law of 1750 (with some minor American modifications just like the clarification of mens rea in the Model Penal Code).
Sorts 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.