In re Gault). Français 2 250 000+ articles. Many laws are enforced by threat of criminal punishment, and the range of the punishment varies with the jurisdiction. However, it is often more convenient to refer to cases – particularly landmark and other notable cases – by a title of the form Claimant v Defendant (e.g. [citation needed] The outcome of the case is recorded, and can later be reviewed by obtaining a copy of the documents associated with the designation previously assigned to the case. A murder, defined broadly, is an unlawful killing. This is recklessness. Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. those of Solon and Draco. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Assault and violent robbery were analogized to trespass as to property. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas a killing effected by reckless acts lacking such a consciousness could be manslaughter. (For an explanation of other terms that may appear in case titles, see the Glossary of legal terms. 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. 日本語 1 229 000+ 記事. Unlawful killing is probably the act most frequently targeted by the criminal law. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly. Strict liability can be described as criminal or civil liability notwithstanding the lack of mens rea or intent by the defendant. Scholars label this the requirement of an actus reus or guilty act. Some examples are aiding, abetting, conspiracy, and attempt. [18] However, it may be broken by an intervening act (novus actus interveniens) of a third party, the victim's own conduct,[19] or another unpredictable event. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. Often, the court's procedure for dealing with family cases is very similar to that of a civil case (it requires service and disclosure, and will issue judgments). A criminal case may in some jurisdictions be settled before a trial through a plea bargain. A legal case is typically based on either civil or criminal law. Many criminal codes protect the physical integrity of the body. The few exceptions are not truly crimes at all – but are administrative regulations and civil penalties created by statute, such as crimes against the traffic or highway code. A duty can arise through contract,[10] a voluntary undertaking,[11] a blood relation with whom one lives,[12] and occasionally through one's official position. Manslaughter (Culpable Homicide in Scotland) is a lesser variety of killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. The Nuremberg trials marked the beginning of criminal fault for individuals, where individuals acting on behalf of a government can be tried for violations of international law without the benefit of sovereign immunity. A guilty mind means an intention to commit some wrongful act. See Glanville Williams, Textbook of Criminal Law, (London: Stevens & Sons, 1983); Glanville Williams, Criminal Law the General Part (London: Stevens & Sons, 1961). [Note: The notion of transferred intent does not exist within Scots' Law. The first written codes of law were designed by the Sumerians. [25] On the other hand, it matters not who is actually harmed through a defendant's actions. [14] On the other hand, it was held in the U.K. that switching off the life support of someone in a persistent vegetative state is an omission to act and not criminal. Arkell v Pressdram). In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. Many criminal codes provide penalties for conversion, embezzlement, theft, all of which involve deprivations of the value of the property. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. Around 2100–2050 BC Ur-Nammu, the Neo-Sumerian king of Ur, enacted written legal code whose text has been discovered: the Code of Ur-Nammu[1] although an earlier code of Urukagina of Lagash ( 2380–2360 BC ) is also known to have existed. Under the Road traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit). Trespassing is unlawful entry onto the real property of another. Details of the procedure may depend on both the kind of case and the kind of system in which the case is brought – whether, for example, it is an inquisitorial system or a solo. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Nevertheless, the following are some of the more typical aspects of criminal law. Deutsch 2 481 000+ Artikel. Breach of such laws created an obligation of law or vinculum juris discharged by payment of monetary compensation or damages.
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