Definition of Criminal Law - Essay Example

Introduction Crime has existed ever since human beings began living in groups. Research from the past indicate that certain activities like, homicide, robbery, and burglary were characterized as criminal by civilizations that existed before scriptural times. The bible relates stories of criminal acts, for example, Cain slaughtering Abel, and the story of the Good Samaritan, who arrived to offer some timely help a man who had been robbed, badly injured, and left to die. Criminal laws manage human conduct and provide guidelines to individuals on what they must do under certain conditions (White and Edward 15). All through history, all social orders have had criminal codes for managing behavior .Democracies have constantly tried to change their fundamental standards and goals into achievable objectives through an arrangement of laws that adjust the privileges of people with the convincing needs of society in general. These objectives incorporate open request, residential peacefulness, and security of the fundamental privileges of people (White and Edward 19). The justice system works effectively when majority of individuals accept that the laws are sensible and that the system can work productively and viably. The issue of what laws ought to be endorsed regularly causes a serious debate. Members elected to represent the people often participate in enacting the laws of their people. Branches of government that ensure criminal laws are formulated and implemented include the executive, the judicial, and the legislative branch. Bahrain’s definition of criminal law The Bahrain’s judicial system defines criminal law as the body of law that deals with crime and the legal punishment of criminal offenses (Cotran and Eugene 12). Bahrains lawful framework is taking into account a blend of British Common Law, Islamic law, tribal law, and other common codes, regulations, and traditions (Cotran and Eugene 56). The constitution accommodates a supposedly free legal that has the privilege of legal audit; in any case, courts are liable to government weight in regards to verdicts, sentencing, and bids. Individuals from the law making family are members of the legal system and they participate in making the laws. Previously, the king and other senior government authorities have lost common arguments brought against them by private residents; notwithstanding, the judgments were not generally actualized speedily, if whatsoever. The constitution points out that the lord designates all judges by imperial announcement. The constitution does not give an authoritative extension affirmation process for legal nominees nor does it create an arraignment process Cotran and Eugene 63). Bahrain criminal law vs American criminal law The Bahrain criminal law is a type of Islamic law (Cotran and Eugene 12). The Islamic system of law, known as Sharia comes from four sources: Sunnah, the Koran, Qiyas, and Ijma. The Holy Koran is an essential source because it expresses Allah. The Sunnah involves the acknowledged deeds and explanations of the Prophet Mohammed, acknowledged by the entire Islamic world (the Ummah). Ijma is an agreement among religious researchers (the Ulema) with respect to answers for matters not particularly secured in either the Koran or the Sunnah. In troublesome cases, where there is no data to give the premise to a reasonable choice, undifferentiated from thought (Qiyas) is connected in conjunction with the three different wellsprings of the law (Cotran and Eugene105). In Sharia laws, an individual is assumed innocent until proven guilty. The offended party and respondent are equivalent in the eyes of the law and its officeholder upon the previous to give verification of blame. This includes delivering two or four observers, contingent upon the reality of the wrongdoing. On the off chance that an offended party is not ready to create onlookers, he can demand the respondent swearing a vow as to his innocence. In the event that the accuser declines to take this vow, the accuser becomes liable for the mistakes because liars endure hellfire and everlasting punishment as per Muslim conviction (Cotran and Eugene 66). Jews and Christians swear an alternate vow; however, it has level with legitimacy. A judge (qadi) directs the court and can put inquiries to all gatherings freely. There are no juries and frequently no attorneys to present the case for their customers. As indicated by old law, the installment of blood cash (diya) for harm or passing can be asked for by the victimized persons family as remuneration. The measure of blood cash obliged fluctuates between the states and as indicated by the circumstances of the passing and to the degree of the hardship that the demise will bring about. Under Islamic law, the wrongdoings that convey characterized punishments are murder, abandonment (dismissal or departure of Islam), infidelity, sex, homosexuality, and burglary. Elucidations of the law and disciplines differ from state to state. Lesser offenses may incorporate obligation, usury, liquor and medication ill-use, and utilization of smut (Cotran and Eugene 66). As an expert, one is obviously the subject to the laws of the nation. In case a person is thought to have overstepped the law, the person is taken in custody to a police headquarters, addressed, and taught to create an impression. If the offense is genuine to such a degree as to warrant detainment, one may need to hold up eventually before the case comes up. An individual is permitted legitimate representation, yet everything will be directed in Arabic. In court, a translator will be available to help and an official from your international safe haven or department is prone to be exhibit, albeit just as a spectator. In case the judged discovers one is guilty, he or she is sentenced. Bids clearly that go to higher courts depend on the seriousness of the allegation and sentencing, and can require some serious energy (Cotran and Eugene 103). In intense cases, political impact can present as a powerful influence for ones benefit, given that, one’s nation has sufficient impact, however this is uncommon. Having impact with an individual in power can be of assistance to you, despite the fact that ostracizes occasionally have such impact. Local people may gain the capacity to appeal to their ruler to look for his direction and help. In minor cases, an individual’s executive may intercede to assist, especially in a significant case. On the other hand, the American Criminal law identifies with laws passed by the United States whose infringement constitutes a crime, which can bring about fines, imprisonment, or even death. The American criminal trial includes either the Federal government or the State government looking to acquire a blameworthy decision against a single person (White and Edward 11). It is not people utilizing the framework however the legislature itself utilizing the legitimate framework to look to uphold the laws and rebuff the single person to secure society. Both the Federal government and the different states have their own criminal statutes. Criminal trials can happen in a gathering relying upon which law has been violated. Most criminal trials in America are state laws because the Federal government is confined in its ward to specific sorts of crime (White and Edward 23).Americans are pleased and occasionally annoyed by their complex, costly, and effective system of criminal law. The vast majority rightly consider the framework as inclined towards guaranteeing the privileges of the individual accused of various crimes, head of which is the necessity that the individual is assumed innocent until the administration meets the most convincing piece of evidence known in American law: verification of blame past a sensible uncertainty to an ethical conviction. Further, most frameworks of American criminal law likewise oblige a consistent decision by the jury to convict. In the event that one scrutinizes the Bill of Rights-those first basic ten Amendments to the United States Constitution that give the most essential rights that American most treasure , one soon finds that the majority of them accommodate systems and securities accessible for Americans if they be blamed for wrongdoing( White and Edward 33). Subsequently the privilege to trial by jury; to opportunity from a ridiculous inquiry and seizure; for a brief and quick open trial; to not be compelled to implicate oneself; to not be compelled to admit; for representation by legitimate advice at open cost if essential, and so forth and so on. are all contained in the Bill of Rights and the individuals who are accused of the obligation regarding verifying the administration holds fast to these rights are those really blamed for wrongdoing since just they have the privilege to go to court to contend that the legislature is abusing the Bill of Rights.. Whatever the reason, criminal trials in the United States are challenges to the whole world and the complex and costly arrangement of equity utilized is both respected and dreaded everywhere. It is a typical that crooks abroad will do very nearly anything to evade trial in the United States, realizing that the prosecutors are among the best on the planet, the court ordinarily ethical, and the framework persevering in its procedures. Similarly essential, those wrongly charged comprehend that it is in the American arrangement of equity that one has the most target framework to focus blame or honesty, with the blamed having the privilege to stand up to and interrogate the prosecutors before a jury of unprejudiced subjects. It is in the American framework that the State has the most astounding commitment to demonstrate guilt. It allows one to demonstrate blame, "past a sensible uncertainty to an ethical sureness" and generally needed to get a consistent decision of the jury before a blameworthy decision may be rendered if even one legal hearer declines to vote liable, either the charged gets another trial ("hung jury") or charges are dropped( White and Edward 53). Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime (Schultz et al., 32). Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Examples of misdemeanors include resisting arrest, simple assault, burglary, and in some countries being in custody of marijuana or even using it (Schultz et al., 37). On the other hand, felonies are serious crimes. Examples include rape, assassination, assault, or kidnapping. Convicted felons often end up in jail for a very long time. According to the American Federal Government, any felony act carries a minimum of one-year sentence in prison. In criminal law, the criminal court is a government body that prosecutes the lawbreakers. A major difference between criminal and civil is the punishments. In a criminal court if one is found guilty, the punishments are incarceration and/or punitive damages. In contrast, there is never incarceration in civil law. In civil court in a civil case, there is a possibility of punitive damages, if the offenders conduct had a malicious intent, gross negligence, or a deliberate disregard for the rights of others. Punitive damage acts as an example to the public because most people learn from other peoples wrong deeds. Punitive damages are mostly important in misdemeanors involving harms that are against human dignity, for example invading ones privacy and civil rights (Schultz et al., 47). Burden of proof is another major difference. The burden of proof is the duty of one party to convince the judge or jury that their version is the truth. In criminal court, it is the prosecutions responsibility to prove beyond a responsible doubt. Most of the Federal jury guidelines state that having proof that is beyond a reasonable doubt is "proof of such a convincing character that a reasonable person would not hesitate to act upon it in the most important of his own affairs” (The Free Dictionary by Farlex). In civil court, proof is by a majority of the evidence. This lowers the burden of proof in civil court than in criminal court. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree (The Free Dictionary by Farlex). Conclusion In summary, there are numerous differences. In criminal law, the prosecution is always the state or a body of government and requires proof beyond a reasonable doubt, and this burden rest completely on the prosecution. In a criminal court, the defendant is not required to prove their innocence. The US Constitutions Fifth Amendment protects against abuse of government authority in a legal procedure. In civil courts, convincing information backing up the evidence is important (Schultz et al., 63). The above comparisons of the Bahrain criminal law and American criminal laws aim to protect their citizens against harm. Their functions are similar, to protect human rights against malicious acts. Both systems have a judicial system comprising of judges and the laws of the country. That means that a judge and/or jury listens to both sides and decides which side is more factual even if only by 51%. These two systems are independent and a person can actually be found not guilty in criminal court, but found liable in civil court. There only difference in the laws is that the Bahrain laws are sharia laws based on the Islamic religion but they protect everyone regardless of their religion. On the other hand, the American laws protect both Christians and Muslims because they are all the same under the law. Works cited Cotran, Eugene. Yearbook of Islamic and Middle Eastern Law 2004-2005, Volume 11.BRILL, 2006. Print. The Free Dictionary by Farlex. (n.d.). Retrieved December 03, 2012, from legal dictionary: http://legal-dictionary.thefreedictionary.com/Criminal+Law Schultz, David A., and John R. Vile. Constitutional Law in Contemporary America. New York: Oxford UP, 2011. Print. Top of Form Bottom of Form White, G. Edward. Law in American History. Oxford: Oxford UP, 2012. Print. Read More