Of Crime and Criminal law
We live in a society that adheres to certain rules and laws in order to maintain public order. Society requires human beings to obey these laws for it to function efficiently. The profession of law is a mind-boggling one. The deeper you delve into the cases, the more trapped you are. Certain nuances of the profession cost enough strain on the lawyers’ minds.
And above all they fight hard to accomplish what they have promised their clients. Justice becomes more important as well as difficult to them, yet they keep on fighting for it. Joining the bits and pieces and connecting the dots requires enough hard work.
This fact itself becomes a burden on the law students as well. The several case studies that the students must work upon requiring a lot of studies to be do in the field. Not only this, but the students practicing also law have moot courts to attend, piles of books to study, and then finish all these assignments. Thus, these students take to law assignment help, mostly online.
In this chaotic world of law, what is the most troubling category of it is criminal law. Therefore, let us understand what constitutes a crime and what exactly is criminal law, so that the students working upon it may get assignment help.
Crime, in simple words, can be say to be an act do in violation of law that is punishable by law. This violation of law can also refer to the breach of a legal duty. If we go centuries back.
crime was any offence that was committed against the crown, for which the punishment was decide the same. Therefore, while studying crime, the stress is on:
- The act which is serious in nature:
Wrings can be do against an individual, a group of people as well as the state at large. What brings this offense under the criminal law, is the gravity of the act itself. Serious offenses constitute a crime because such a person who has committed the offense can further go on to do it again if not prevented.
- The act is against the state:
Although crimes can be done against a single person or group of people or state at large, but even when they are done against a single person.
they are said to be done against the state. The reason for this is that the person performing the act with one person may do it with the other if gone unpunished. And thus, may harm the society at large.
- The act is punishable in nature:
If you look at civil law, the remedy provided is fines or a mere compensation. Crimes are more serious in nature. Thus, a mere penalty would not be proportional to the act done. Therefore, punishments are accord, under the criminal law, proportional to the crime done.
Criminal law classifies crimes of two kinds:
- Mala prohibita:
This refers to the crimes which are called crimes because the law calls them the same. They do not need to be universal in nature. For example, a while ago, while homosexuality was not legal in India, it was legal in the United States of America.
- Mala inse: This states that the crime are crimes because they are intrinsically wrong. These are usually universal in nature. For example, murder.
Now while you are dealing with criminal law, you need to understand three aspects for assignment help:
- Substantive law: This would describe what constitutes a crime and which illegal activities can be refer the same.
- Procedural law: This states how the criminal trial would proceed, after an offence constitutes a crime.
- Evidentially law: This one is the most important one and deals with what can be produce as an evidence before the court of law.
While dealing with criminal law you need to understand that not only the act (actus reus) but also the intention behind the act (mens rea) is important to constitute a crime. Thus, the person committing the crime should have a guilty intention. When we are talking about intention, there is a thin line between intention and motive that students must understand if they need assignment help. Intention means whether the person deliberately committed the act or not. Whereas motive means the reason behind committing the act. A mind is say to be of a guilty state. There should be intention as well as understanding that you are committing a crime. For a crime to occur, there should be the intention but not necessarily motive.
Another point that may trouble the students is that whether preparation for an offense constitutes a crime or not. One must remember that preparation itself does not constitute a crime. If the preparation proceeds and there is an attempt, and the attempt succeeds too then a person is guilty of the crime. Even if the attempt does not succeed, the person still is convict for the attempt of that crime. Thus, each crime begins with an attempt those that succeed become crime and the one which do not remain attempts.
There are multiple exceptions where chances are that the person is not convict of the crime even though he has committ it.
These exceptions can be acts do in good faith or during discharge of public duties.
acts committ people of unsound mind, people who are intoxicat acts do in private defense, and the like.
But it must be remember that a proper study and deliberation is do in satisfying these criteria.
Thus, these were a few basic points about the criminal law or to say an attempt to touch the tip of the iceberg named criminal law. Criminal law is a huge and dynamic part of law and effectively tests the abilities of the students pursuing it. Students must keep these points in mind to understand a complex subject as law and eventually get law assignment help.