Theories of Criminal Law - Explained
Why does criminal law exist?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is criminal law in theory and practice?
Criminal law is public law passed by the federal, state, or local government. It restricts or requires affirmative conduct of its citizens under the threat of prosecution. These prohibitions may be in the form of a statute, common law rule, regulatory rule or decision, or local ordinance.
What types of conduct are prohibited by criminal law?
Criminal laws prohibit conduct that is either considered, malum in se or malum prohibitum.
The authority for each type of law may differ, but generally criminal laws are enforced by the government and exist to protect the health, safety, and welfare of citizens.
This includes protecting the property and rights of those citizens.
Failing to comply with criminal laws can result in fines or imprisonment.
What is Malum in se?
This means that conduct is inherently wrong without regard to a statute proscribing the conduct.
- Example: Most people consider murder and theft to be innately wrong or evil without regard to a government's prohibition of the conduct.
What is Malum prohibitum?
This means that conduct is not necessarily wrong or evil, but it is made illegal based upon law.
- Example: A public company's failure to adequately disclose the corporate information to the public is made illegal by statute. Without such a statute, it may not be considered inherently wrong.
Related Topics
- Criminal Law (Intro)
- What is Criminal Law?
- What are the elements of a crime?
- Classifications of crimes Misdemeanor vs Felony Criminal Charges?
- What is the process of bringing criminal charges?
- Cease and Desist Order
- What is the process for executing an arrest?
- What are the exceptions to reading Miranda Rights?
- What is the process for initiating criminal charges?
- Prima Facie
- What is the Arraignment and Initial Appearance
- Investigation - Subpoena
- Common Defenses to Criminal Conduct
- Ex. Castle Doctrine
- Types of Punishment for Criminal Activity
- Theories Behind Criminal Punishment
- Federal Sentencing Guidelines
- What are the 4th Amendment protections against Search and Seizure?
- What are the 5th Amendment criminal law protections?
- What are the 6th Amendment criminal law protections?
- What are the 8th Amendment criminal law protections?
- Crimes Against the Property of Others
- Activity Constituting Fraud
- Good Faith as a Defense to Fraud
- Common Types of Business Fraud
- False Statement as a Criminal Charge
- Conspiracy as a Criminal Charge
- Obstruction of Justice as a Criminal Charge
- Aiding and Abetting or Conspiracy to a Crime