Understanding Criminal Law: Basics to International Perspectives

Criminal Law Definition
Criminal Law Definition
Criminal law governs crimes, including felonies and misdemeanors. It prescribes conduct perceived as threatening, harmful, or endangering to people, property, moral welfare, and safety.
Mens Rea and Actus Reus
Mens Rea and Actus Reus
To convict, the prosecution must show 'mens rea' (guilty mind) and 'actus reus' (guilty act). Mens rea denotes intent, while actus reus refers to the act itself.
Common Law Origins
Common Law Origins
Criminal law has roots in Common Law, originating from judicial opinions and traditions. It has evolved from social customs to well-defined statutes.
Inchoate Offenses
Inchoate Offenses
Inchoate offenses are crimes completed by taking a substantial step towards committing a crime, including attempts, conspiracy, and solicitation. These are punishable even if the actual crime isn't completed.
Legal Defenses Usage
Legal Defenses Usage
Defendants can argue several legal defenses, such as insanity, duress, self-defense, or entrapment. An interesting fact is that the 'insanity defense' is less common and seldom successful.
Punishment and Rehabilitation
Punishment and Rehabilitation
Criminal law focuses on punishment and rehabilitation. Some countries are moving towards restorative justice, emphasizing repairing the harm caused rather than only punishment.
International Criminal Law
International Criminal Law
International criminal law deals with international crimes such as genocide, crimes against humanity, and war crimes. The International Criminal Court (ICC) prosecutes individuals for such offenses.
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What does criminal law govern?
Contracts and agreements.
Felonies, misdemeanors, public safety.
Civil disputes between individuals.