CRIMINAL LAW

Criminal law, sometimes (although rarely) called penal law, involves the prosecution by the state of a person for an act that has been classified as a crime. This contrasts with civil law, which involves private individuals and organisations seeking to resolve legal disputes. Prosecutions are initiated by the state through a prosecutor, while in a civil case the victim brings the suit. Some jurisdictions also allow private criminal prosecutions.

Depending on the offence and the jurisdiction, various punishments are available to the courts to punish an offender. A court may sentence an offender to execution, corporal punishment or loss of liberty (imprisonment or incarceration); suspend the sentence; impose a fine; put the offender under government supervision through parole or probation; or place them on a community service order.
Criminal law commonly proscribes - that is, it prohibits - several categories of offences: offences against the person (e.g. assault), offences against property (e.g. burglary), public-order crimes (e.g. prostitution) and business, or corporate, crimes (e.g. insider dealing).
Most crimes (with the exception of strict liability crimes such as statutory rape¹ and certain traffic offences) are characterised by two elements: a criminal act (actus reus) and criminal intent (mens rea). To secure a conviction, prosecutors must prove that both actus reus and mens rea were present when a particular crime was committed.

In criminal cases, the burden of proof is often on the prosecutor to persuade the trier (whether judge or jury) that the accused is guilty beyond a reasonable doubt of every element of the crime charged. If the prosecutor fails to prove this, a verdict of not guilty is rendered. This standard of proof contrasts with civil cases, where the claimant generally needs to show a defendant is liable on the balance of probabilities (more than 50% probable). In the USA, this is referred to as the preponderance of the evidence.

Some jurisdictions distinguish between felonies (more serious offences, such as rape) and misdemeanours (less serious offences, such as petty theft). It is also worth noting that the same incident may sometimes lead to both a criminal prosecution and an action in tort.
¹In many jurisdictions, it is illegal for anyone to have sexual intercourse with a minor. This is a strict liability crime: the offender will still be guilty of a crime even if he or she believed the partner was of legal, consenting age.

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