CRIMINAL LAW ANALYSIS

Criminal Law Analysis

[Name of the Institute]Criminal Law Analysis

Introduction

Criminal law is defined as the body of the national legal framework of a country, which includes all of the relevant guidelines and polices regarding criminal activities. It provides the relevant regulations regarding the social conduct of individual, and the responsibility among the civilians to behave in a civil manner. The objective of the criminal law is to ensure that the rights of every citizen can be preserved, and a formal guideline can be provided for the mass population. Hence the behaviors of individuals that lead to threating, harming, or endangering the health and safety of another person are strictly prohibited by the letter of the law. The primary reason from developing criminal laws is to ensure that the nonsocial or negative behavior and an individual can be penalized under the guidelines of the law (Moore, 2010, pp. 109). The enforceability of the punishment which is developed for the criminal would be based on the clarification and the adequate provisions provided in the relevant criminal law.

Criminal law is developed by each country based on their perception of the regulatory authorities and the social needs of the people. The courts and the legal framework do not have the objective to ensure that rights of only a limited stakeholders in the country. Rather this institute has to ensure that every person living in the country can be protected from criminal behavior, by the relevant provision of the law. The major difference between the civil and criminal law, is regarding the punishment feature. In civil law the courts do not have an objective to directly punish the guilty party; rather the emphasis is on the victim compensation and the appropriate valuation. The decisions of the courts are not based on absolute reasoning beyond doubt; rather they are focused on the probability of facts. The primary reason for these feature of the courts, can be attributed to the severity of the punishments in both of these cases. In the civil cases the penalty is mostly in the form of compensation to the aggrieved party. However in the crime law cases the guilty individual has to face serious and much harsher punishments, as per the relevant laws of the relevant country. The onus is also on the state to provide evidence which proves beyond doubt the guilt of the accused party. Otherwise the accused individual would not be sufficiently proved guilty of the crime. In the cases of the civil law however since the time and efficiency factor is also important, the decisions are based on the probability of cause rather than the beyond doubt factor.

Discussion

UK & French Criminal law Comparative Analysis

Provisions Regarding Murder

The criminal laws in both of these countries are not developed so as to punish the criminals and isolate them form the general public, rather they are developed with the objective to have a positive influence on the individuals. Both of these countries have a substantial support for the human rights related ...