Criminal Law

1. Objectives

1.1. Retribution: Criminals ought to suffer in some way. Criminals have taken improper advantage, or inflicted unfair detriment upon others,

1.2. Deterrence: aim is to impose a sufficient penalty to discourage the offender from criminal behavior.

1.3. Incapacitation: Designed simply to keep criminals away from society so that the public is protected from their misconduct.

1.4. Rehabilitation: Aims at transforming an offender into a valuable member of society.

1.5. Restitution: The goal is to repair, through state authority, any hurt inflicted on the victim by the offender.

2. Elements

2.1. Actus Reus: Is the "guilty act". It may be accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a legal duty to act.

2.2. Mens Rea: is another Latin phrase, meaning "guilty mind". This is the mental element of the crime. A guilty mind means an intention to commit some wrongful act.

3. Author

3.1. Mario Diego Ceferino Contreras

3.2. 203F28020

3.3. Licenciatura en Derecho a Distancia

3.4. Inglés Jurídico

3.5. U2 - A13

4. Others

4.1. Offenses

4.1.1. Fatal: A murder, defined broadly, is an unlawful killing. Unlawful killing is probably the act most frequently targeted by the criminal law.

4.1.2. Personal: Many criminal codes protect the physical integrity of the body. Creating a fear of imminent battery is an assault, and also may give rise to criminal liability.

4.1.3. Participatory: Criminal codes criminalize association with a criminal venture or involvement in criminality that does not actually come to fruition. Examples are aiding, abetting, conspiracy, and attempt.

4.1.4. Property: Property often is protected by the criminal law. Many criminal codes provide penalties for conversion, embezzlement, theft, all of which involve deprivations of the value of the property.

4.2. Strict liability: Is thecriminal or civil liability notwithstanding the lack mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced.

4.3. Mala in se: mala in se meaning crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction.

4.4. Mala in prohibita: Offenses that do not have wrongfulness associated with them.

5. What is?

5.1. The body of rules that defines conduct that is prohibited because harm or otherwise endanger the safety and welfare of the public

5.1.1. Sets out the punishment to those who breach these laws.

6. History

6.1. Around 2100-2050 The Code of Ur-Nammu

6.2. The Code of Urukagina of Lagash (2380 - 2360 BC)

6.3. Then, the Code of Hammurabi, formed by the Babylonian Law

6.4. In the Ancient Greece, formed by some pieces of Draco and Solon

6.5. The Old Bailey in London (in 1808) was the venue for more than 100,000 criminals trials between 1674 and 1834, including all death penalty cases.

6.6. Commentaries of Gaius, in the Twelve Tables also conflated the civil and criminal aspects, theft and furtum as a tort.

6.7. The Criminal Law of imperial Rome is collected in Books 47 - 48 of the Digest.

6.8. Differences between civil and criminal law started in Norman Invasion of England.

6.9. Arose in Spanish Late Scholasticism. When the theological notion of God´s penalty, became transfused into canon law first and to secular criminal law.

6.10. Then the European countries develop in the eighteenth century when they began maintaining police services. Finally, they had formalized the mechanisms for enforcement.