Criminal-Law Framework
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A Criminal-Law Framework is a body of law that defines crimes, regulates criminal procedure, and establishes punishments for criminal offenses to protect society and maintain public order.
- AKA: Penal Law Framework, Criminal Justice System.
- Context:
- It can (typically) be composed of Criminal Law Components (body of law components), such as:
- Criminal Law Areas (major subdivisions of criminal law focusing on specific aspects), such as:
- Substantive Criminal Law, defining criminal offenses and their elements.
- Procedural Criminal Law, rules governing the criminal justice process.
- Sentencing Law, principles for determining punishment.
- Juvenile Criminal Law, rules for underage offenders.
- White-Collar Crime Law, addressing financial and corporate crimes.
- Cybercrime Law, rules for computer-related offenses.
- Drug Crime Law, regulations on controlled substances.
- Environmental Crime Law, rules protecting the environment.
- International Criminal Law, principles for cross-border crimes.
- Constitutional Criminal Law, constitutional protections in criminal cases.
- ...
- Criminal Law Principles (fundamental legal propositions guiding criminal law interpretation and criminal law application), such as:
- Presumption of Innocence Principle, accused presumed innocent until proven guilty.
- Mens Rea Principle, requirement of guilty mind for most crimes.
- Actus Reus Principle, requirement of criminal act or omission.
- Double Jeopardy Principle, prohibition on trying someone twice for same offense.
- Legality Principle, crimes must be defined by law before punishment.
- ...
- Criminal Law Doctrines (legal doctrines guiding criminal law interpretation and criminal law enforcement), such as:
- Felony Murder Doctrine, liability for deaths during felony commission.
- Impossibility Doctrine, attempted crimes that are factually impossible.
- Entrapment Doctrine, defense against government inducement of crime.
- Diminished Capacity Doctrine, reduced culpability due to mental state.
- Fruit of the Poisonous Tree Doctrine, exclusion of evidence from illegal searches.
- ...
- Criminal Offense Elements (specific components required to establish a crime), such as:
- Criminal Act (Actus Reus), the physical element of a crime.
- Criminal Intent (Mens Rea), the mental element of a crime.
- Causation in Criminal Law, link between act and result.
- Harm in Criminal Law, actual damage or potential for harm.
- Concurrence in Criminal Law, simultaneous occurrence of act and intent.
- ...
- Criminal Defenses (legal grounds for avoiding criminal liability), such as:
- Self-Defense in Criminal Law, use of force to protect oneself.
- Insanity Defense, lack of mental capacity to commit crime.
- Duress Defense, compulsion to commit crime under threat.
- Alibi Defense, evidence of being elsewhere during crime.
- Statute of Limitations in Criminal Law, time limit for prosecution.
- ...
- Criminal Punishments (legal consequences for convicted offenders), such as:
- Imprisonment, confinement in correctional facility.
- Fines in Criminal Law, monetary penalties.
- Probation, supervised release in community.
- Community Service, mandated unpaid work.
- Capital Punishment, death penalty for severe crimes.
- ...
- ...
- Criminal Law Areas (major subdivisions of criminal law focusing on specific aspects), such as:
- It can (typically) vary between jurisdictions, reflecting different legal traditions and societal values.
- It can (often) evolve in response to changing social norms and emerging forms of criminal activity.
- It can (often) interact with other areas of law, such as constitutional law and international law.
- ...
- It can focus on different objectives (deterrence, retribution, rehabilitation, incapacitation).
- It can be influenced by both Common Law and Civil Law traditions.
- It can involve Statutory Law and Case Law.
- It can include principles of Due Process and Equal Protection.
- It can be subject to Jurisdictional and International Law considerations.
- It can be shaped by Legal Precedent and Judicial Interpretation.
- It can balance individual rights with societal interests in maintaining public order.
- ...
- It can (typically) be composed of Criminal Law Components (body of law components), such as:
- Example(s):
- U.S. Criminal Laws, such as:
- U.S. Criminal Law in 1789 after the ratification of the U.S. Constitution (predominantly governed by state laws, not federal law).
- U.S. Criminal Law in 1966 after the Supreme Court decision in Miranda v. Arizona.
- U.S. Criminal Law in 1984 after the passage of the Comprehensive Crime Control Act.
- U.K. Criminal Laws, such as:
- U.K. Criminal Law in 1351 after the enactment of the Treason Act 1351.
- U.K. Criminal Law in 1967 after the passage of the Criminal Law Act 1967.
- U.K. Criminal Law in 2003 after the enactment of the Criminal Justice Act 2003.
- German Criminal Laws, such as:
- German Criminal Law in 1871 after the enactment of the German Criminal Code (Strafgesetzbuch).
- German Criminal Law in 1969 after the comprehensive reform of the German Criminal Code.
- ...
- U.S. Criminal Laws, such as:
- Counter-Example(s):
- Tort Law, which deals with civil wrongs rather than crimes against society.
- Contract Law, addressing breaches of contractual obligations rather than criminal offenses.
- Administrative Law, concerning the operation of government agencies rather than criminal conduct.
- Civil Procedure Law, which governs non-criminal legal proceedings.
- Family Law, which focuses on domestic relations rather than criminal offenses.
- See: Criminal, Law, Crime, Property, Health, Safety, Welfare, Statute, Legislature, Punishment, Rehabilitation (Penology), Jurisdiction, Criminal Justice, Criminology, Penology, Law Enforcement, Criminal Prosecution, Criminal Defense, Criminal Court, Criminal Appeal, Criminal Record.
References
2024
- (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Criminal_law Retrieved:2024-10-14.
- Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation.
Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.
- Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.