Criminal Law

Have you ever watched the television show Law and Order? In the popular show, the first portion relates to a crime that was committed. This part of the show focuses on the police and detective work involved in trying to solve the crime and gather evidence to prove their case against the perpetrator of the crime. The second part of the show pertains to the legal system and shows how criminal law applies to the facts. Thus, you will see criminal law in action as it plays out in the courtroom. This program offers a very good insight into the body of criminal law.

Criminal law refers to a body of laws that apply to criminal acts. In instances where an individual fails to adhere to a particular criminal statute, he or she commits a criminal act by breaking the law. This body of laws is different from civil law, because criminal law penalties involve the forfeiture of one’s rights and imprisonment. Conversely, civil laws relate to the resolution of legal controversies and involve money damages.

All criminal law statutes contain two distinct parts. The first of these parts is the mens rea, which is the mental state that one must possess when committing a crime.

Criminal law focuses on the behavioral requirements imposed by the state or the federal government upon the particular individual. In most cases the legal involvement of the practicing health care provider will be limited to forms of civil liability, but the potential for criminal involvement does exist. Under criminal law, the standard of proof required of the state is that of beyond a reasonable doubt. This is considerably different from the standard applied in most malpractice cases, which is simply a preponderance of the evidence.

This article focuses on the definition and classification of crime, how it is measured and detected, the characteristics of offenders, and the various stages of criminal proceedings. The material draws principally from common, or Anglo-American, law, with supplementary treatment of civil-law and other systems, including Islamic, African, and Chinese law.