Criminal law (also known as penal law) is the
body of law that punishes criminals for committing
offences against the state. The goal of this process
is that of achieving criminal justice.
The major objective of criminal law is deterrence
and punishment, while that of civil law is individual
compensation. Criminal offences consist of two
distinct elements; the physical act (the actus
reus, guilty act) and the requisite mental state
with which the act is done (the mens rea, guilty
mind). For example, in murder the 'actus reus
is the unlawful killing of a person, while the
'mens rea is malice aforethought (the intention
to kill or cause grievous injury). The criminal
law also details the defenses that defendants
may bring to lessen or negate their liability
(criminal responsibility) and specifies the punishment
which may be inflicted. Criminal law neither requires
a victim, nor a victim's consent, to prosecute
an offender. Furthermore, a criminal prosecution
can occur over the objections of the victim and
the consent of the victim is not a defense in
most crimes.
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