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Monday, August 5, 2013

A Brief Introduction Criminal Law Aims In UK

In Britain, as in much of the world, the idea of breaking the law is tied to the idea of ​​sin. However, the true crime is the result of violations of criminal law, an area is defined and limited by law to be considered further in this two-part article.

Criminal law can generally be regarded as the law of the land or the law of the state. That is, it refers to the state laws set down in writing, legislature, to protect itself and its citizens. As a result, a violation of criminal law will lead to a case being brought by the State (in the UK, the crown prosecution) against the accused offender.

It is useful to consider the criminal law as opposed to civil law, including cases brought by private parties against the other party, and is based on a common law (case law or law) legal framework is not prescribed in the legislature, but instead resolved the case by precedents set in other parts of the justice system.

In criminal law violations will result in a conviction, in general, result in a punishment for the offenders. The penalty will be a number of targets including one or more of the following:

  • Revenge - making it difficult on the offender to reflect the difficulties they caused to their victims.
  • Prevention - the offender from further crimes as well as other potential offenders
  • Loss of power - of offenders to prevent them from further criminal
  • Rehabilitation - the offenders so that they can add value to society and prevent further crimes
  • Compensation - to restore the legal status of the victims, as the target of civil law (see below)

These goals are not mutually exclusive. Detention as a punishment, for example, can perform the first three and, depending on the nature of time in prison Wednesday as well.

The purpose of punishment as retribution is less popular now though is the key to the development of criminal law through the ages. It is derived from a similar concept, but for the purpose of compensation to restore the universal balance where offenders suffer similar consequences as experienced by the victims. This led to the establishment of institutions to restore this balance to identify, formalize and measure out vengeance instead of allowing personal retributions (vendettas, revenge) in a society that is have gone beyond the scope of the original offense.

The earliest form of criminal law so that the lines of lex talionis (a punishment to fit the crime) otherwise known as the "eye for an eye" (after a passage in the Old Testament / Torah). However, the idea of ​​'turning the other cheek from the New Testament and in general it is two wrongs do not make a right' ('eye for an eye leave everyone blind') has been practicing this philosophy, especially in the west.

The same concept of compensation is still the target of civil law; similar except civil law aims to restore the legal status of the 'victim' as the offense did not occur regardless of the activity as a punishment and / or stop and instead to restore the global balance.

The second part of this article will review the most important concepts to define a crime and criminal justice, including Actus reus and mens rea. But for those looking for advice about legal proceedings or civil criminal they should seek professional advice from qualified solicitors criminal law or, for example, the legal experts in respective families.

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