| Penal and criminal law is one and the same. These | | | | Actus reus and mens rea are needed for some |
| laws often inflict severe and exceptional punishments. | | | | crimes. Both cannot occur at different times but |
| Punishments vary by jurisdiction and offense. | | | | must be present at the exact same time. |
| Normally, imprisonment, parole, execution, probation | | | | If a person would have been harmed regardless of |
| and fines are imposed. Sometimes the line can be | | | | another's action, then actus reus is void. If a person |
| blurred between civil and criminal law. | | | | runs a red light and injures another, actus reus will |
| Sumarians are responsible for writing down the first | | | | not be voided because the injury was a direct result |
| written code. In these early times, civil and criminal | | | | of an intended action. |
| laws were not separated. | | | | Intention and motive are different. A guilty mind, or |
| The possibility for grave punishments and for failure | | | | mens rea, means that there was intent to break the |
| to abide by the rules makes criminal law exceptional. | | | | law. Good intentions do not overrule criminal |
| Solitary confinement and incarceration that can be for | | | | intentions. |
| life may be the result. Another type of confinement | | | | If an individual recognized the dangers of an action |
| is house arrest. People are expected to abide by the | | | | and still goes through with it, mens rea has been |
| rules that the probation or parole department | | | | established. This is called recklessness. Courts normally |
| stipulates. It also possible to have property or money | | | | consider if the individual should have recognized the |
| taken as well when convicted. | | | | risk or not. Intent is overruled when an individual |
| Five ways to punish criminals exist. They are | | | | should have recognized the risk but did not. This |
| restitution, incapacitation, deterrence, retribution and | | | | situation has resulted in mens rea being reduced in |
| punishment. These punishments will differ between | | | | some areas of the law. |
| jurisdictions. | | | | Intent affects the seriousness of a crime. If the |
| When entire regions and societies effected by crimes | | | | intent is killing or causing bodily harm that can cause |
| of a heinous nature, they are subject to public | | | | death, it is murder. If recklessness causes death it |
| international law. Following World War 2 and the | | | | can be manslaughter. Who is harmed does not |
| Nuremburg Trials, Public International Law began. The | | | | matter. If the intention is to hit someone but, |
| dawn of a new era with people being responsible for | | | | someone else gets hit, intent is then shifted to that |
| their actions, even if it was done by government | | | | person. It is known as transferred malice. |
| order, began. Sovereign immunity does not apply. | | | | Damage done by an individual despite mens rea or |
| Enforcement of laws is done through fear of | | | | intent. Explicit intent is not necessary for every crime. |
| punishment. | | | | Strict liability is employed by civil law. |
| Criminal law forbids most objectionable acts. Evidence | | | | Criminal law mainly applies to murder. Jurisdictions may |
| is required to prove that a crime has occurred | | | | have varying levels for murder. When malice and |
| through action, omission of an act or threat of an | | | | intent are present, first degree murder is the result. |
| act. This is known as actus reus, or guilty act. A | | | | Death without malice is manslaughter. It often |
| physical element must be present for actus reus. If a | | | | happens because of sensible aggravation, or reduced |
| person is in responsible for caring for another, | | | | mental capacity. Death that results from recklessness |
| whether by contract, blood relation living together or | | | | is involuntary manslaughter in some regions. |
| by an official position then actus reus applies. | | | | One defense is settled insanity. Criminal responsibility |
| Situations created by a person that are hazardous | | | | can arise from assault and battery. Rape is a form of |
| includes actus reus as well. Good Samaritan Laws are | | | | battery. Trespassing, conversion, embezzlement, |
| applicable. | | | | theft and robbery are covered under penal law. |
| Strict liability crimes like a regulatory offense require | | | | Charges might be sought if a crime is known about |
| no more than the guilty act. Mens rea, or guilty mind, | | | | or if there is a conspiracy. It does not matter if the |
| must be proven because of the severity of the | | | | act is completed. Attempt, conspiracy, abetting and |
| penalties for these crimes. | | | | aiding are examples. |