In this article you will learn about the Introduction to Criminal Law.
Introduction to Criminal Law
Criminal Law is the body of law which defines crimes against the community at large, regulating how suspects are investigated, tried and charged, and establishing punishments for convicted criminals. In its broadest sense often the term 'criminal law‘ is used to include all that is involved in the administration of criminal justice. The criminal law also identifies, defines and declares the conducts that it seeks to prescribe and prevent the appropriate punishments for them too. Even while it is true that all facets of society view crime and criminals with the utmost disdain, the law of crimes has always been one of the most alluring fields of law. It is true that the law of crimes has been as old as civilization itself. Wherever people organised themselves into groups or associations, the need or essence for some sort of rules to regulate behaviour of the members of the group has been felt, and where there were rules and regulations of the society, infringements were inevitable. It was realised that there was the necessity of devising some ways and means to restrain such tendencies in the society that lead to violation of its rules in every organised society. Certain acts are forbidden under the pain of punishment. Where any person injured another and the injury could adequately be compensated by money value, the 'wrong-doer‘ was required to pay damages or compensation to the 'wronged‘ individual. But in other instances, in addition to the requirement to make restitution, the state also imposes certain sanctions on the wrongdoer in an effort to uphold social order and encourage good conduct both within the community and towards one another. To prevent a crime from happening, or to deal effectively with a crime once it has occurred, everyone has to know what the crime is and what the related legal ramifications are. The study of criminal law aims at having an understanding of these concepts.
Key Concepts in Criminal Law :
- Actus Reus : This refers to the physical act or conduct that constitutes a criminal offence. It is one of the essential elements that must be proven in a criminal case.
- Mens Rea : Mens rea refers to the mental state or intent of the accused at the time of committing the crime. It involves assessing whether the offender had the necessary guilty mind to be held criminally responsible.
- Criminal Defences : Various defences, such as self-defence, insanity, duress, and necessity, can be raised by the accused to challenge their criminal liability.
- Criminal Procedure : Criminal law also includes rules and procedures governing the investigation, arrest, trial, and sentencing of individuals accused of crimes. These procedures are designed to ensure fairness and protect the rights of the accused.
Objectives :
The purpose of this topic on Criminal law is to help the students understand the concept of crime and its transient nature, to define crime and distinguish it from other civil wrongs.
By the end of this introduction, the students will be able to :
- Explain the meaning of the character, function, purpose, and principles of criminal Law.
- Distinguish Criminal Law from Private Law and Morality.
- Have a basic understanding of the historical development and the Criminal law of Ethiopia.
- Note the Classification of Crimes under the Ethiopian Criminal Code.
This article on Introduction to Criminal Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.