Criminal law is the branch of law that defines crimes and establishes punishments. It includes both substantive law, and criminal which regulates the implementation and enforcement of substantive law. Substantive criminal law defines crime and punishment, for example, what act constitutes stealing and what punishment a thief should receive.
On the other hand, criminal procedure is concerned with the legal rules followed and the steps taken to investigate, arrest, charge, prosecute, convict and sentence to punishment individuals who violate substantive criminal law.
Criminal law seeks to protect the public from harm by inflicting punishment upon those who have done harm and by threatening with punishment would-be criminals. The harm that criminal law seeks to prevent varies. It may range from physical harm to death, or bodily injury to human beings, loss of or damage to property, sexual assault, disturbance of the public peace and order, or kidnapping, terrorism, etc.
Usually, there are two elements of a crime which must coexist for a person to be liable to punishment for committing a crime. The two elements are guilty act (this is referred to as the actus reus), and guilty mind (this is called mens rea). For a person to be guilty of a crime he must have done a prohibited act voluntarily or he must have failed to act when a law has imposed a duty on him to perform in a certain way. Where a prohibited conduct is either accidental or involuntary, there is no legal liability, for law does not punish a conduct which is accidental or involuntary.
What is a Crime?
A crime is defined as an act or omission which renders the person doing the act or making the omission liable to punishment under the Criminal Code or under any Act, or Law in Nigeria. Also, to be criminally liable, a person must have committed a crime with a guilty mind. Thus, many crimes are defined in terms of intentionally, knowingly, maliciously, wilfully, recklessly, or negligently acting or bringing about a particular result, or of conducting oneself with intent to accomplish a specific consequence.
The mens rea requirement distinguishes between inadvertent or accidental acts and acts for which a person is criminally liable. It should be noted that guilty act only is not enough for a person to be culpable for an offence but must co-exist with mens rea. The exception to this rule is in relation to offences of strict liability, e.g. drink driving.
Elements of Crime
The characteristics of a crime can vary depending on the jurisdiction, but some common characteristics include:
- Legality: A crime must be defined and prohibited by law. It cannot be based on arbitrary or retroactive laws.
- Harm: A crime typically involves causing harm or injury to another person, property, or society as a whole.
- Punishment: There must be a prescribed punishment or penalty for committing the crime. This can include fines, imprisonment, probation, or other forms of punishment.
- Intent: Many crimes require a mental state of intent or knowledge of wrongdoing. This means that the person committing the crime must have intended to commit the act or knew that their actions were illegal.
- Causation: It must be proven that the defendant's actions directly caused the harm or illegal result.
- Actus reus: A crime requires a physical act or omission. It cannot be solely based on thoughts or intentions.
- Social harm: Crimes are generally considered to be acts that harm society as a whole, rather than just individual harm.
These characteristics can vary depending on the specific crime and jurisdiction.
Features of Criminal Law
We have said that Criminal law is a branch of law that deals with crimes committed against society as a whole. Now let talk about it's features which involves the prosecution and punishment of individuals who have violated criminal statutes. Some of these features are:
- Offenses: Criminal law defines various offenses, such as murder, theft, assault, and fraud, among others. These offenses are considered harmful to society and are therefore subject to legal consequences.
- Legal Procedures: Criminal law establishes legal procedures that must be followed when dealing with criminal cases. This includes the arrest, investigation, trial, and sentencing processes.
- Burden of Proof: In criminal law, the burden of proof lies with the prosecution. This means that the prosecution must prove beyond a reasonable doubt that the accused committed the crime.
- Punishments: Criminal law prescribes punishments for different offenses. These can range from fines and probation to imprisonment or even the death penalty, depending on the severity of the crime.
- Rehabilitation: While punishment is a key aspect of criminal law, rehabilitation is also an important goal. The criminal justice system aims to reform offenders and reintegrate them into society as law-abiding citizens.
Functions of Criminal Law
The functions and purposes of criminal law are to maintain social order, protect individuals and property, deter criminal behavior, and provide justice to victims. Here are some specific functions of criminal law:
- Punishment: Criminal law punishes individuals who have committed crimes, serving as a deterrent to potential offenders and discouraging criminal behavior.
- Protection: Criminal law protects individuals and society as a whole by defining and prohibiting certain behaviors that are considered harmful or dangerous. It aims to prevent harm to individuals and their property.
- Rehabilitation: Criminal law also focuses on rehabilitating offenders and helping them reintegrate into society. This can involve providing resources and programs to address the underlying causes of criminal behavior and reduce the likelihood of reoffending.
- Retribution: Criminal law seeks to provide justice to victims by holding offenders accountable for their actions. It aims to restore a sense of fairness and balance by imposing appropriate punishments on those who have caused harm.
- Deterrence: Criminal law acts as a deterrent by imposing penalties for criminal behavior. The fear of punishment can discourage individuals from engaging in illegal activities.
- Restoration: In some cases, criminal law seeks to restore the harm caused by the offense. This can involve compensating victims, repairing damage, or providing restitution to those affected by the crime.
Advantages of Criminal Law
Criminal law has several advantages. Some of them include:
- Protection of society: Criminal law helps maintain order and protect society by defining and punishing behaviors that are considered harmful or dangerous.
- Deterrence: The existence of criminal law and the potential consequences of committing a crime act as a deterrent, discouraging individuals from engaging in criminal activities.
- Rehabilitation: Criminal law also focuses on rehabilitating offenders and helping them reintegrate into society. Through various programs and interventions, individuals who have committed crimes can receive the necessary support to change their behavior and become law-abiding citizens.
- Justice and fairness: Criminal law aims to ensure justice and fairness by providing a framework for investigating crimes, gathering evidence, and conducting trials. It ensures that individuals accused of crimes have the opportunity to present their defense and that judgments are made based on evidence and legal principles.
- Accountability: Criminal law holds individuals accountable for their actions. It establishes clear standards of behavior and imposes penalties on those who violate these standards, promoting a sense of responsibility and accountability in society.
Limitations of Criminal Law
Criminal law also has some limitations. Here are a few:
- Ineffectiveness in preventing all crimes: Despite the deterrent effect, criminal law cannot completely prevent all crimes from occurring. Some individuals may still choose to engage in criminal activities despite the potential consequences.
- Over-reliance on punishment: Criminal law primarily focuses on punishment as a means of addressing criminal behavior. While punishment can serve as a deterrent and promote accountability, it may not always address the underlying causes of criminal behavior or provide opportunities for rehabilitation.
- Potential for wrongful convictions: The criminal justice system is not infallible, and there is a risk of wrongful convictions. Mistakes can occur during investigations, evidence collection, or trial proceedings, leading to innocent individuals being wrongly accused and convicted.
- Disproportionate impact on marginalized communities: Criminal law enforcement and sentencing practices can disproportionately affect marginalized communities, leading to disparities in the criminal justice system. This can perpetuate social inequalities and contribute to systemic injustices.
- Limited resources and overcrowded prisons: The enforcement and administration of criminal law require significant resources. Limited resources can result in delays in the justice system and overcrowded prisons, which can impact the effectiveness of rehabilitation efforts.