We hear about criminal laws everyday. Without our knowing, we abide under these laws all the time, specifically the criminal laws. It deters us from committing criminal act against the opposing individual. It deters us from causing an assault to the person who agitates us. Criminal law is present in the government, in our work, on the streets and even under the roof of our own houses. It constitutes ethics that goes down to the norms and what is right or wrong. It is also called Penal law, which means the body of statutory and common law that deals specifically with crime and the punishment of such offenses.
Criminal law involves litigation by the government or state of a person for a wrongdoing that has been classified as crime. In criminal proceedings, the prosecutor files the suit unlike civil cases, the victim brings the suit. Individuals who are convicted by a crime will be incarcerated or fined. However, in civil cases, a person who is found guilty of the charges may have to pay the penalties in terms of money or property, without incarceration.
A “crime” is an act or the omission of an act in violating the public forbidden laws or the body commanding it. There are four major theories of criminal justice namely;
(a.) Punishment – means the imposition of hardship in response to the misconduct.
Theories Under Punishment:
- Utilitarian – this seeks to punish offenders inorder to discourage them or deter them from any wrongdoings in the future.
- Retributive – this seeks to punish offenders because they deserve to be punished.
(b.) Deterrence – means a punishment used to discourage criminal offenders from becoming repeat offenders and to discourage other people in the society from engaging in the similar activity. The most powerful deterrent procedure is when the person is charged, convicted and punished of his wrongdoing.
(c.) Incapacitation – is an act of making a person incapable of committing a crime. In the past years, incapacitation usually associated with execution or banishment. Today, it is known as incarceration.
(d.) Rehabilitation – means the restoration of the former rights, abilities or authority.
The above theories of criminal justice were defined. This type of law is essential in most cases, since it made us distinguish crimes from civil offenses. Criminal law has been around since the start of civilization. It is the system of regulating unwanted behavior of people or group in accordance to what is defined as social norms. Criminal law differs from civil crimes since civil laws usually deal the differences between two individual fighting for their rights and obligations under the specific law that rules the entire society.
An example of civil law cases is a dispute between two parties specifically over a contract they made in selling an automobile. In this type of situation, one party may feel that their right for the automobile sale was breached by the other party. In contrast, a criminal offender or a murderer is endangering the right of safety of the other people, which makes criminal offenses more deadly than civil cases do. Given these facts, we can now appreciate how important is criminal law to our lives and to the lives of innocent people in the society.
For more information about criminal laws and criminal acts that have been incurred to you, feel free to contact Thomas Soldan Attorney At Law.
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