Criminal law or penal law is the body of statutory and common
law that deals with crime
and the legal punishment of criminal offenses. There are four
theories of criminal justice: punishment, deterrence,
incapacitation, and rehabilitation. It is believed that imposing
sanctions for the crime, society can achieve justice and a
peaceable social order. This differs from civil law in that
civil actions are disputes between two parties that are not of
significant public concern. The process begins, obviously,
with an alleged crime. A complainant makes an accusation, which
is investigated by the police, acting as agents of the
government. The police file a document, in most jurisdictions
known as a complaint, with a court in the appropriate
jurisdiction. If the alleged offense is classified as a felony,
the Constitution of the United States requires that the case be
referred a grand jury for an indictment. An indictment is the
official charging instrument accusing the defendant of criminal
conduct. The interests of the state are represented by a
prosecuting attorney, while the interests of the defendant are
represented by his or her defense attorney. While the specific
process varies according to the local law, in virtually every
jurisdiction the process culminates with a trial, followed by
appeals to higher courts. Criminal statutes spell out the
exact circumstances which constitute a crime. These
circumstances are known as the elements of the offense.
Unless all the elements are proven by the prosecuting authority,
the defendant is not guilty of the offense. There are three
kinds of elements: the act itself, the
actus reus,
the requisite mental state, the
mens rea,
and the attendant circumstances. As an example, the common law
definition of burglary was as follows: unlawful entry into a
dwelling house at night with the intent to commit a felony
therein. It is the duty of the prosecution, therefore, to prove
not merely the act (the entry), and the mental state (the intent
to commit a crime), but all the attendant circumstances (that it
was a dwelling house, and that it was at night). Most modern
criminal statutes have, among other changes, eliminated the "at
night" element. In defense, the accused could argue that
he had no intent to commit a crime inside the house, that it
occurred during the day, or that his entry was lawful. He could
also, of course, argue that the incident never happened, or that
someone else committed the offense.
