Criminal Overview

3 mins read

Criminal law is equal to the law of punishment. The consequences under this law can be hard and unique depending on what kind of violation and jurisdiction occur. The usual consequences for violating criminal law include:
o Time to prison
o Execution
o Partner or parole
o Monetary fine.

There are situations where laws become unclear between criminal law and civil law. Criminal law is very distinctive because of punishment because it violates the law can be severe. For example, a perpetrator sent to prison can be sent solitary or for the rest of their lives. The arrest of the house is very similar to prison given the fact that it involves the perpetrators who are locked up in certain areas. The perpetrators can also lose assets and property depending on the casing.

The court has prioritized strict sentence to keep individuals afraid to violate the law. There are five classes of consequences that vary depending on the jurisdiction:
o Penalty
o Prevention
o Restitusi.
o Inability
o Retribution.

Public international law
Public international laws apply in cases where all regions or communities are influenced by terrible crimes. This legal history comes from WW2 with the Nuremberg trial. This trial paves the way for the future in which a person who commits a crime on behalf of their government is still responsible for crimes committed and will not be given sovereign immunity.

Actus Reus.
Actus Reus is known as guilty measures. This unwanted action requires evidence that crimes are carried out by actual actions, the threat of an action, or a lack of action. In order for this to apply to crime, it is necessary to have a physical element. Actus Reus applies to dangerous situations due to a person’s actions. Strict responsibility crimes have a possibility of harsh punishment and thus need serious evidence of Mens Rea (guilty thoughts).

Mens Rea
Mens Rea is a term for guilty thoughts, which means it is intentional action to violate the law. However, under the criminal, the intention and motives are different. Plain intentions do not cancel criminal intentions. Cases in which the perpetrators take care of knowing this is dangerously considered eligible for Mens Rea. The court saw this as a carelessness and if the perpetrators did not know the risk, Mens Rea would decrease.

Murder degree
Murder is the most commonly targeted measure under criminal law. Depending on the jurisdiction, the severity of punishment from this violation varies. Murder is murder without malevolence present, usually done by provocation or reduced capacity. Some cases where the murder is the result of carelessness can be considered accidental murder. First level murder requires intentional murder driven by hatred.