Criminal law is the bedrock on which societies attempt to define acceptable conduct and maintain order. Illustratively, it outlines what acts are deemed offensive enough to warrant state intervention and punishment, providing a framework for adjudicating guilt and imposing sanctions. To the layperson, criminal law appears as a fixed and objective set of prohibitions. It compels society to analyze criminal law not just as a collection of legal doctrines but as a dynamic social and political construct, shaped by power, culture, history, and competing interests. This editorial delves into the core of criminal law from a criminological vantage point, examining its fundamental tenets, brief history of its creation, and, crucially, the difference between criminology and criminal law.
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Criminal law is defined as a body of rules regarding human conduct that have been promulgated by political authority and apply uniformly to all members of the classes of people to which the rules refer. Punishment administered by the State enforces them. As Edwin H. Sutherland quoted: "Of all the laws, the law which touches the day-to-day affairs of men is criminal law." In this context, the formal threshold at which the criminal law intervenes is when the conduct in question has a sufficiently deleterious social impact to justify the state, rather than any individual affected, taking on the mantle of the injured party.
Elements of Criminal Law
The main elements of criminal law include
- The rule of human conduct and behaviour,
- Enforced by political authority,
- Rules must be specific,
- They must be of uniform application to the class for which they are meant, and
- Shall have action in case of disobedience.
The Origin of Criminal Law
- The First Criminal Code was laid down by Hammurabi, the sixth king of Babylon, which existed in West Asia almost 4200 years ago. He was the first king to have the laws of the kingdom carved on stone and put up in places where people read them and knew what was required of them.
- Greeks were the first proponents of natural laws. It was formulated by Greek thinkers from Homer to the Stoics. It was the Greeks who gave a conception of universal law for all mankind.
- Criminal law found in Manu's Code prevailed in India until the Mughal rule was established. The administration of Criminal justice was entrusted to Qazis under the Mughal rulers. The law of crimes was based on the Quran, Hadis and Kiyas.
- After the British rule in India, efforts were made to introduce a uniform code of penal law, as a result of which the Indian Penal Code, 1860 was passed, which came into force on 1st January 1862, replacing all earlier rules and regulations on criminal law that existed in British India. Notably, it is still the law of the land even to this day.
Characteristics of Criminal Law
Edwin Sutherland has given the following four characteristics of criminal law in his work' Principles of Criminology'.
Politicality
First, politicality is a necessary element in criminal law. The rules made by the state are only considered criminal law because the violations of such regulations are crimes, which could be punishable. According to the National Institute of Justice, "Changes in crime policies are often driven by political considerations rather than empirical evidence." Illustratively,there are certain other rules in the society, such as rules of the Trade Union, rules of the Church or the rules of the family, and their violation is undoubtedly undesirable, but they are not punishable. So they are not criminal law. Hence, the violation of rules made by the state is regarded as a crime.
Specificity or Particularity
Second, the specificity of criminal law connotes that it strictly defines the act to be treated as a crime. In other words, the provisions of criminal law should be stated in specific terms. As Dr. Wayne Logan, Florida State University, quoted, "Clear and specific laws are essential in ensuring that individuals understand what is expected of them and what constitutes a crime." Additionally, the law of crime has a relation to a specific aspect of life. Civil law is general law whereas criminal law is specific. Thus, criminal law generally gives a strict definition of a specific act, and if there arises doubt in the mind of the judge as to whether the definition describes it.
Uniformity or Equality
Third, equality in criminal law is essential because every person has an equal right to justice without discrimination on the basis of caste, race, sex, etc. According to Dr. David Cole, "The principle of equality before the law is fundamental to ensuring that justice is fair and impartial." Without this equality, the law risks becoming biased, which could undermine public trust in the justice system and perpetuate social inequalities. Therefore, ensuring equality in criminal law is crucial to fostering a just society where everyone's rights are protected equally and fairly.
Punishment or Penal Sanctions
Lastly, punishment is also an essential element of crime. It indicates that the State punishes a person who violates the law, or it means the fear of being punished for violating the law. Ostensibly and clearly, punishment also functions as a deterrent, instilling fear of consequences to discourage future violations. As "The Purpose of Punishment" by the National Institute of Justice highlights, the aims of punishment include deterrence, rehabilitation, retribution, and societal protection. By applying appropriate penalties, the justice system seeks not only to hold offenders accountable but also to reform them and ensure that justice is served for victims and society as a whole. Thus, punishment plays a crucial role in society's enforcement of criminal law.
Sources of Criminal Law
Moving forward, criminal law is the fountain of all kinds of law. It provides a guarantee of life, living and property. To provide safety to these legislators who have been made criminals. In this context, the Court is the most important agency for the proper enforcement of the laws made by the Legislatures. Hence, the criminal courts give weight to the courts under the law.
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Difference between Criminology and Criminal Law
Criminology and criminal law are two related but distinct fields. However, criminology and criminal law are dependent on each other. Still, there are the following differences between criminology and criminal law:
- While criminology is the scientific study of crime, criminals, and the criminal justice system, criminal law seeks to implement specific punishments for criminal acts.
- Criminology studies the nature of criminality and social behaviors, criminal law defines what constitutes a criminal act.
- The main purpose of criminology is to study the development of the law of crime, whereas criminal law is the collection of those laws which regulate human activities in society.
- Criminology deals with the changes of society and establishes new values of life; the law of crime can't be changed with the help of criminology.
- Criminology deals with the principles of criminal law, which provides actual punishment to criminals.
- Criminology and criminal law are dynamic. They are affected by the changes in society.
In conclusion, contemporary criminal law continues to evolve to address the complexities of modern society, emphasizing fairness, justice, and social order. Its administration, guided by principles of due process and human rights, aims to ensure that offenses are effectively prosecuted while safeguarding individual liberties. Therefore, the integration of modern technology, legal reforms, and a focus on fairness has enhanced the efficiency and transparency of the criminal justice system.
