Criminal law is perhaps one of the most exciting fields of law, alongside civil litigation, since it deals with people and presents an excellent opportunity to study the psychology of criminals up close and to ensure fundamental norms of maintaining security in our society in general.
If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.
Thomas Szasz
The task of criminal law is to set out everything that can be defined as a criminal act, whether that be harm to person or property, theft, or even putting one’s own life in danger. Criminal law also determines what punishment is appropriate for various crimes as well as what rehabilitation initiatives could be most likely to make a difference in changing an individual’s behavior.
Difference between criminal and civil law
As crazy as that may sound, many years ago to commit an act of robbery would be seen the same in the eyes of the law as trespassing someone else’s property. Oftentimes these cases would be resolved in the same way many civil lawsuits are: with the handing over of money to compensate the harmed party.
Originally, the criminal and civil law were considered to be the same.
It wasn’t until the Romans came along and provided a clear distinction between criminal and civil law back in the 12th century that the field of criminal law came about.
Back then criminal law was relatively barbaric with unspeakable punishments for those deemed to be criminals. These days criminal law is a lot more civil. It is ironic given that criminal and civil law used to be the same.
When states first began to administer justice through courts in the 18th century, and police forces became more widely used, there was a much more solid system in place for creating and enforcing criminal law.
This is one of the key facets of criminal law, that it has to be created but also enforced and sometimes this can cause further issues pertaining to human rights and more.
One of the most common punishments in the modern world for crimes committed is incarceration, whether temporarily in jail or for a longer period of time in prison. When a criminal has been submitted to a prison or jail, they are then subjected to rules of living according to parole and probation programs.
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What are some examples of criminal laws?
Now that you’ve got an initial idea of what exactly criminal law is concerned with, let’s take a look at a small selection of examples of criminal law.
You’ll find that if you study criminal law, or any field for that matter, you’ll probably come across your fair share of Latin terms along the way.
| Latin Term | Meaning |
|---|---|
| Actus Reus | The physical act of committing a crime |
| Mens Rea | The mental state or intent to commit a crime |
| Alibi | A claim or evidence that one was elsewhere when a crime occurred |
| Corpus Delicti | The body of the crime; the evidence that a crime has been committed |
| De facto | In fact; used to describe a situation that exists in reality |
| Ex post facto | A law that makes illegal an act that was legal when committed |
| Ipso facto | By the fact itself; something that is true by its very nature |
| Nulla poena sine lege | No penalty without a law; a principle that one cannot be punished under a law that did not exist at the time of the offense |
| Qui tacet consentire videtur | He who is silent is taken to agree; silence can imply consent |
| Sub judice | Under judicial consideration; a matter that is currently being considered by a court |
Actus Reus
Actus Reus is the Latin phrase meaning ‘guilty act’, and it refers to the physical aspect of committing a crime.
This law encompasses everything from the threat of action to the omission to act. If you’re wondering how an omission to act constitutes a crime in the eyes of the law, it’s because for some there is a legal duty to act and if they fail to carry out this duty then that is seen as negligence and punishable as a crime.
An example of this negligence is when a parent fails to adequately take care of a child by not giving them enough water. Of course, the omission to act part of the law implies that there is a duty of care involved, since otherwise you can’t be persecuted for failing to act on someone else’s behalf.
A criminal offense is a connection of actus reus and mens rea.
Mens rea
If you studied Latin at school, you’ll know that ‘mens’ means ‘mind’ but ‘rea’? The Latin word ‘rea’ like the earlier word we came across ‘reus’ means ‘guilty’.
If you have a guilty mind, it means that you have deliberate intentions to commit a crime.
For example, if someone is facing trial and court and admits that the act they committed was dangerous then they are confessing that they had performed an act they knew to be dangerous, which is reckless.
This can be a tricky law to defend or pursue since it refers to the mental state of the person the moment the act was committed, which due to memory distortion and other factors like witnesses can be incredibly difficult to determine accurately.
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Is Criminal law a sought-after field?
Unfortunately, crime is an inevitability in this world, so criminal law will always be an in-demand field to some degree. If you have a remote interest in crime, criminals, or the justice system and how it is upheld, then it’s well worth considering a career in criminal law.
Popularity of career in law
Whether wrongfully accused of a crime or otherwise, there are many people out there that need the help of a criminal defense lawyer to come to their aid and ensure the most just outcome of the trial.
individuals dealt with by the Criminal Justice System (CJS) of the UK.
See more Criminal Justice statistics.
It’s also true that when building career in law, criminal law is a very popular choice for law graduates, in part perhaps due to the huge popularity of crime TV shows such as ‘CSI’, ‘Dexter’, ‘Sherlock Holmes’ and all the real-life crime shows that people can’t seem to get enough of. However, career in criminal law is even more exciting when considered in its opportunity to defend the innocent and to enhance a safe environment to our society.
Essential in society
Human psychology can be an endlessly fascinating topic to explore, and criminal lawyers get to see first-hand everything to do with crimes and will even have the opportunity to investigate the scene of the crime and interview witnesses like a detective.
Just like property law, criminal law will always be an essential part of society due to human nature and the way we live on this planet. It’s also true that the degree to which criminal law is an in-demand field for a career in law will depend on other factors such as the crime statistics where you are, and how many criminal lawyers are already working there.
There are several fields of law that play crucial roles in society.
Commercial law is a field of law that encompasses all the legal services associated with businesses. Most often, the commercial lawyer’s job will be to defend the business interests of the individual and write up commercial agreements and disclaimers. It ensures that transactions are conducted fairly and legally. On the other hand, employment law is focused specifically on the relationship between employers and employees. It addresses issues such as wages, safety, workplace rights and discrimination. The goal is to protect workers while asking the employers to make sure their work environment is safe. Connected with the employment issues, we can certainly talk about family law. It is the field of law that revolves around the family unit and domestic issues. It covers a wide range of issues, including everything from marriages and civil unions to adoption and surrogacy. Family law aims to the well-being of the entire family, giving special attention to the children.
The last but not the least, is intellectual property law. This law is all about protecting the mind’s creations, such as ideas, songs, and literary works. It includes patents, trademarks and copyrights, ensuring that people can make profit from their own creativity. The whole idea behind this field of law is to defend people’s rights to make money from their ideas and creations, since, of course, this is a path that many creatives choose to take.
What does a criminal lawyer do?
Criminal lawyers are those whose job is to protect and defend those individuals and organisations or entities that have been charged with a crime. Otherwise known as criminal defense lawyers as well as public defenders, this type of lawyer will typically work on a wide range of cases spanning everything from burglary to narcotic-related crimes.
Representation in criminal court
The main duties that a criminal lawyer has to carry out, just as in other paths of career in law, include representing defendants in criminal court, be it at a federal or state level. Specifically, you would have to attend bail bond hearings, fight for parole or probation, make appeals, and in some cases interview witnesses and investigate the crime.
However, particularly when chosing a criminal lawyer career in law, sometimes you have to defend and give legal advice to morally questionable individuals or organisations, but you are doing so to uphold the law which is a noble cause. However, criminal lawyers even defend and free some convicts that have been wrongfully questioned and judged as criminals.
It’s also a fascinating job to be in, since you will be able to get in on criminal cases and take on the role of a real-life detective interviewing witnesses and piecing together what exactly happened as if you were Sherlock Holmes.
After brushing up on the case details, it’s your job to create a water-tight defense to use in criminal court to protect your client. You may also have to negotiate on the courtroom floor with the prosecution, in order to get more favorable terms for the defendant.
Responsibility and motivation
You will be the defendant’s advocate, which means the responsibility falls largely on your shoulders. The motivation to do well in this job is strong, as you will want to prevent your clients from facing the full force of law especially if they had little to no involvement in the criminal offence they’re on trial for. You might make a case around the fact that your client didn’t have a guilty mind, or the intention to commit a crime and endanger others. Or perhaps there’s a dispute as to the extent of the defendant’s involvement in the crime that you can explore further...
However, career in law is not only about dealing with individual cases in criminal court. If you choose to become criminal lawyer, your career in law will play a vital role in safeguarding society by clearly defining unacceptable behaviors, holding individuals accountable, and ensuring justice through a balanced legal system that protects both public safety and individual rights.
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