Criminal law (classification of crimes, elements of crime, kinds of punishment)

Criminal law is the sphere of law which deals with criminal offences. Crimes may be defined as wrongdoings seen from the point of view of the society. Modern law establishes two basic elements of a crime: a crime itself (Actus Reus) and a criminal state of mind (Mens Rea). The presence of the both elements makes a crime.

Criminal law provides clear definitions of crimes. Crimes can be grouped according to the gravity and according to the object of the crime. As for the gravity all crimes may be separated into 2 main groups. In American classification they are felonies and misdemeanors. In Great Britain arrestable and unarrestable crimes are distinguished. In our country we have gradations of felonies – crime, grave (serious) crime and gravest (high) crime. Our ‘administrative offences’ generally correspond to misdemeanors or unarrestable crimes.

Another classification is according to the object of crimes. The main groups are crimes against state, against person, against property, against public peace and order and some others. Crimes against state are treason, sedition, rebellion, tax evasion, bribery and counterfeiting. Crimes against persons are homicide, assault, battery, mayhem, rape, and kidnapping. Crimes against property are larceny, embezzlement, robbery, burglary, arson, and some others.

All crimes are punished depending on their gravity. There are three purposes of punishment: correction, deterrent and retribution.

Correction is aimed at making an offender a law-abiding person. Punishment also deters people from committing a crime. The third purpose of punishment is retribution. It means that the offender must suffer for his crimes.

The most common punishment is imprisonment. There is also a suspended sentence. Suspended sentence is usually granted to first-time offenders. Sometimes an offender is sentenced to community service.

Fixed penalty fines are imposed in case of minor offences such as parking offences or jaywalking.

Legal systems of many countries still preserve capital punishment. The public attitudes towards death penalty are different. Abolitionists say that life is basic natural right and the state can’t deprive a person of it. Besides, horrible mistakes still happen and there is no way to correct it. Retentionists maintain that the death penalty is a deterrent. The principle ‘an eye for an eye’ is still popular. The murderer may escape and kill again. Besides, keeping a murderer in prison for life is very expensive.

 

 

KINDS OF CASES

There are two kinds of cases: criminal cases and civil ones.

The disputes between or among private citizens, legal entities and government agencies are civil cases. Most often the party bringing the suit demands money damages for the harm caused. The parties of a civil case are called the plaintiff and the defendant. The plaintiff starts the case by submitting a complaint, where the case against the defendant is stated. The defendant usually files the answer, in which the defendant’s view of the case is stated. The defendant may also file the counterclaim if there has been a wrong committed by the plaintiff. In a civil case the plaintiff has to prove the case against the defendant. The both sides may and usually do resort to the assistance of lawyers. The lawyers hired by the sides collect evidence and present it in the court. The burden of proof in a civil case is a preponderance of evidence. It means that the plaintiff’s view of the case is considered more probably true. Very often the decision in a civil case is made by a sole judge. Nevertheless, some civil cases are decided by a jury. In this case the decision of the jury does hot have to be unanimous. If the jury consists of 6 jurors, the agreement of 5 jurors is enough to make the verdict. In case of 12 jurors, the agreement of 10 is necessary.

A criminal case is usually brought by the state against a person or persons accused of a crime. In this kind of cases the state is called the plaintiff. The accused person is called the defendant. The charge against the defendant is called an information or a complaint. The main principle of the criminal law is strictly observed: the defendant is not guilty until the jury finds him or her guilty. The plaintiff’s burden of proofs in criminal cases is much greater than in civil cases. The plaintiff must prove each element of the crime beyond reasonable doubt. In criminal cases the verdict of the jury must be unanimous in order to overcome the presumption of innocence.