Criminal Law. Criminal Law Refers To Federal And State

1915 WordsMar 5, 20178 Pages
Criminal Law Criminal Law refers to federal and state laws that make certain illegal behavior and punishable by imprisonment and /or fines. In United States, the law system is included two different types of cases, one is civil, another one is criminal cases. Besides, the charges pursued by prosecutors for violations of criminal statutes. When it comes to the history of the criminal law, the United States’ common law were ruled by British within colonial times. Common law is a process that establishes and improved rules that govern some nations. U.S. continues to employ a common law system, which works in combination with state and federal statutes, after they became an independent nation. They adopted the U.S. Constitution as “the…show more content…
Under common law, a person cannot be truly guilty of a crime unless he or she consciously commits a dangerous or illegal act. The intent to commit a crime is officially known as “Mens rea”. There are several most criminal cases involve one of the following sorts of mens rea that represent levels of culpability: Intent, Knowledge, Recklessness and Negligence. Intent, it’s an explicit and conscious desire to enact an illegal or dangerous action. For instance, if a person targets and attacks someone with the goal of inflicting harm on the victim, the criminal is displaying criminal intent. Knowledge, the term applied that a person is aware that his or her action will have certain results, but does not seem to care. For example, a person violently punches someone on their face, the inflicting harm may not be criminal’s primary goal; yet, if he was aware that harm would be a predictable result of his action, then he may in charge of guilty of having criminal knowledge. Recklessness risk is a decision that to commit a certain action even with knowing about associated risks. Recklessness is a state of mind that is determined both subjectively and objectively. There are two types of reckless behavior. The first looks at what the actor knew or is believed to have been thinking when the act occurred. Second, considering what a reasonable person would have

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