CRIMINAL LAW
Definition
The body of law defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.
Introduction
Criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group.
There are, in addition, the standers of conduct instilled by family, school, and religion, the rules of the office and factory, the regulations of civil life enforced by ordinary police powers; and the sanctions available through tort actions.
DIFFERENCE BETWEEN CRIMINAL LAW AND TORT LAW:
The distinction between criminal law and tort law is difficult to draw with real precision, but in general, one may say that a tort is a private injury whereas a crime is conceived as an offense against the public, although the actual victim may be an individual.
PRINCIPLES OF CRIMINAL LAW
The traditional approach to criminal law has been that a crime is an act that is morally wrong.
The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt.
COMMON LAW AND CODE LAW
Important differences exist between the criminal law of most English-speaking countries and that of other countries.
The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases.
England has consistently rejected all efforts toward the comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law.
SUBSTANTIVE CRIMINAL LAW
Substantive criminal law is composed of the following elements:
The definitions of the types of offenses that are held to be punishment;
The classification of crimes i.e. felonies and misdemeanors in the United States.
Among other crimes, it includes major crimes such as murder rape, gang rape, sexual abuse of a minor, kidnapping, armed robbery, burglary, and carjacking.
The principles and doctrines applied to the judgment of crime that qualifies provision of criminal legislation such as self-defense, necessity, insanity, and so forth; and principles determining national jurisdiction over crimes committed by foreigners by nationals abroad, or ships and aircraft outside the national territory and waters.
DEFINITION OF CRIMINAL CONDUCT
Legality
The principle of legality is recognized in almost all legal systems throughout the world as the keystone of criminal law.
It is employed in four senses:
First;
There can be no crime without a rule of law;
Thus immoral or anti-social conduct is not forbidden and punished the is not criminal.
The law may be customary, as in some common-law countries;
In most countries, however, the only source of criminal law is a statute
NULLUM CRIMEN SINE LEG
"No crime without law"
Second;
The principle of legality directs that criminal statutes be interpreted strictly and that they not be applied by analogical extension.
If a criminal statute is ambiguous in its meaning or application, it is often given a narrow interpretation favorable to the accused.
This does not mean that the law must be interpreted literally if to do so would defeat the clear purpose of the statute.
Thirdly;
The principle of legality forbids the application of the law retroactively.
In order that a person may be convicted, a law must have been in effect at the time the act was committed.
This aspect of the principle is embodied in the ex-past facto provisions of the U.S. constitution and such international treaties.
Fourthly;
the language of a criminal statute must be as clear and unambiguous as possible in order to provide a fair warning to the potential lawbreaker.
In some countries, statutes may even be considered inapplicable if they are vague.
PROTECTION AGAINST DOUBLE JEOPARDY
Legal systems generally include some restrictions against prose cutting a person more than once for the same offense.
STATUTES OF LIMITATION
All systems of law have statutes restricting the time within which legal proceedings may be brought.
The periods prescribed may vary according to the seriousness of the offense.
REQUIREMENT OF JURISDICTION
The jurisdiction of a court refers to its capacity to take valid action.
All governments claim territorial jurisdiction over crimes committed wholly or partly within their territory, within their territory, including flag vessels.
Most nation-states also claim nationality jurisdiction over certain crimes committed by their nationals, even when they were committed in other countries.