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Criminal Law and Procedure
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  • CRIMINAL LAW
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  • CRIMINAL LAW

Criminal law is one of the branches of law which focus on the safety of the public as well as the public welfare. This branch of law deals with punishing the law offenders who have violated the laws that have been stipulated in the state’s statutes and legislations. Criminal law is based on two e...

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  • May 8, 2024
  • 5
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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  • criminal law and procedure

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  • CRIMINAL LAW
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Running Header: CRIMINAL LAW AND PROCEDURE 1




Criminal Law and Procedure


Institutional Affiliation


Date

, CRIMINAL LAW AND PROCEDURE 2


Criminal law is one of the branches of law which focus on the safety of the public as

well as the public welfare. This branch of law deals with punishing the law offenders who

have violated the laws that have been stipulated in the state’s statutes and legislations.

Criminal law is based on two elements which helped with the determination of whether one is

guilty or not, and what the charges the guilty will be charged with. The four elements include

Actus reus which means in English the guilty act and Mens rea which is normally referred as

the guilty mind A crime is normally defined as an act of omission or a commission of an act

where the act will have violated a particular law that has been stipulated in the state’s

legislations and the commission of the act will be punishable (Michaels, 30-35).


Once a criminal activity has taken place, an agency dealing with the criminal

investigations tasked with the task of investigating the crime, for example, the Federal

Bureau of Investigation will be called in to investigate the matter. If the crime happened

within the state, the state local police will be charged the task of investigating the particular

crime. The agency charged with the task will do their investigation through the investigators,

on the basis of the evidence presented which is related to the crime and points to a particular

offender.


After the evidence is obtained, an arrest warrant may be issued by the court for the

arrest of the lawbreaker if the evidence presented shows that the perpetrator had probable

cause to commit the act. A warrant to search the premises may also be issued for the

investigators to search the offender’s movable and immovable property which will help the

investigators to gather evidence that will lead to the arrest of the perpetrator. In addition to

the search warrants, the investigators will also examine the crime scene gathering other

evidence as well as examining witnesses to the crime to help them determine who the

offender is (Orfield, 190-199).

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