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     Criminal law, is the branch of our judicial system that defines what a crime is, what the punishment for a specific crime is, and then provides the ability and resources to accommodate the punishment. Criminal law is also the compilation of rules that detail the punishment for failure to adhere to the law. This particular branch of the law was first recognized during the Norman Invasion of England, and was the first step in making a distinction between civil and criminal matters. The “birth” of criminal law originated as a clear entity in the 1800’s when European countries began using police forces. Criminal law was then developed and used to maintain enforcement of the governing rules.
     Within the criminal law system, crimes are classified one of three ways; treason, felony or misdemeanor. Within these classifications, are different categories of offenses. These include; participatory offenses, such as conspiracy and the idea of aiding and abetting; personal offenses, these being crimes against a person’s being, such as rape or assault; property offenses, which include burglary, theft and fraud; and fatal offenses, such as murder and culpable homicide. Within the boundaries of criminal law, there must be proof of a crime to be able to prosecute the accused. Punishment enforced within the statutes of this law include the five following categories; deterrence, retribution, rehabilitation, restitution, and prevention/incapacitation. There are limitations on punishments however, and neither excessive fines nor bail can be imposed, and cruel and unusual punishment is not permitted.
     Criminal law varies is handled by different entities in different countries of the world. In Australia, these laws are overseen and enforced by the six states within the Commonwealth, and only a small amount of cases are actually prosecuted by the Commonwealth government. In Canada, criminal law is handled and executed strictly by the federal government. Within Scotland, the law is upheld by the Crown Office and Procurator Fiscal Office. Ireland does not have a set criminal code, and crimes are generally handled, and punishments handed out by the Director of Public Prosecutions. 
     Substantive criminal law defines if a crime has been committed against the state, and helps to establish what if any punishment is deemed necessary. It defines the crime as a felony or misdemeanor, and how the offender will be punished. These laws also protect the offender with certain rights, such as; the right to remain silent, the right to due process, the right to confront the accuser, and the right to a competent attorney.
     Another term for Criminal law is Penal law, and deals with all the rules and statutes put into place by Congress, and executes the penalties on those who would cause harm to the general public. In order to be found guilty, these defendants must be proven guilty, beyond a reasonable doubt. Criminal law was put into place to protect not only private persons, but our towns, cities and country as a whole. Criminal law is of utmost importance when it comes to upholding the laws of the land, and punishing criminals justly and fairly.
 

 
Updated On : 01/09/12 , Views : 1
 
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