Criminal Law
1.General Introduction
Criminal law is the body of the law that defines criminal offens, regulates the apprehension, charging, and trial of suspected offenders,and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the procution of crime. In a democratic society, it is the function of the legislative bodies to decide what behavior will be made criminal and what penalties will be attached to violations of the law.
英语自我介绍作文
Capital punishment may be impod in some jurisdictions for the most rious crimes. And physical or corporal punishment may still be impod such as whipping or caning, although the punishments are prohibited in much of the world. A convict may be incarcerated in prison or jail and the length of incarceration may vary from a day to life.
Criminal law is a reflection of the society that produce it. In an Islamic theocracy, such as I
ran, criminal law will reflect the religious teachings of the Koran; in an Catholic country, it will reflect the tenets of Catholicism. In addition, criminal law will change to reflect changes in society, especially attitude changes. For instance, u of marijuana was once considered a rious crime with harsh penalties, whereas today the penalties in most states are relatively light. As verity of the penalties was reduced. As a society advances, its judgments about crime and punishment change.
2.Elements of a Crime
Obviously, different crimes require different behaviors, but there are common elements necessary for proving all crimes. First, the prohibited behavior designated as a crime must be clearly defined so that a reasonable person can be forewarned that engaging in that behavior is illegal. Second, the accud must be shown to have possd the requisite intent to commit the crime. Third, the state must prove causation. Finally, the state must prove beyond a reasonable doubt that the defendant committed the crime.
cinemax>威廉王子与凯特(1) actus reus
unconditionallyThe first element of crime is the actus reus.祝我生日快乐英文 Actus is an act or action and reus美剧家园 is a person judicially accud of a crime. Therefore, actus reus is literally the action of a person accud of a crime. A criminal statute must clearly define exactly what act is deemed “guilty”---that is, the exact behavior that is being prohibited. That is done so that all persons are put on notice that if they perform the guilty act, they will be liable for criminal punishment. Unless the actus reus is clearly defined, one might not know whether or not one’s behavior is illegal.
Actus reus may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act. For example, the act of Cain striking Abel might suffice, or a parent’s failure to give to a young child also may provide the 天津网络培训actus reus for a crime.
Where the actus reus is a failure to act, there must be a duty of care. A duty can ari through contract, a voluntary undertaking, a blood relation, and occasionally through one’s official position. Duty also can ari from one’s own creation of a dangerous situation.
(2) mens rea
A cond element of a crime is mens rea. Mens rea refers to an individual’s state of mind when a crime is committed. While actus reus is proven by physical or eyewitness evidence, mens rea is more difficult to ascertain. The jury must determine for itlf whether the accud had the necessary intent to commit the act.
A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. This is recklessness. For instance, if Cain tears a gas meter from a wall, and knows this will let flammable gas escape into a neighbor’s hou, he could be liable for poisoning. Courts often consider whether the actor did recogni the danger, or alternatively 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.
Wrongfulness of intent also may vary the riousness of an offen. A killing committed with specific intent to kill or with conscious recognition that death or rious bodily harm
will result, would be murder, whereas a killing affected by reckless acts lacking such a consciousness could be manslaughter.
(3) Causation
not really The next element is causation. Often the phra “but for” is ud to determine whether causation has occurred. For example, we might say “Cain caud Abel”, by which we really mean “Cain caud Abel’s death. ” In other words, ‘but for Cain’s act, Abel would still be alive.” Causation, then, means “but for” the actions of A, B would not have been harmed. In criminal law, causation is an element that must be proven beyond a reasonable doubt.
(4) Proof beyond a Reasonable Doubt
In view of the fact that in criminal cas we are dealing with the life and liberty of the accud person, as well as the stigma accompanying conviction, the legal system places strong limits on the power of the state to convict a person of a crime. Criminal defendants
are presumed innocent. The state must overcome this presumption of innocence by proving every element of the offen charged against the defendant beyond a reasonable doubt to the satisfaction of all the jurors. This requirement is the primary way our system minimizes the risk of convicting an innocent person.
