A criminal act is any action that is prohibited by law and punishable by the state. It is an act that may include attempted and complete offenses as far as the defendant does more than prepare to commit an offense. Therefore, they are activities that defy instituted statutes, legal codes or regulations that stipulate socially acceptable attributes in a community (Lexology search). The activities may include minor infractions and escalate to serious activities such as murder, fraud and theft. A state’s prosecution reserves the power to factually determine the elements on which to charge an individual criminal.
The term criminal act comes from philosophical and legal traditions and has evolved over time. One can link this term to moral and legal doctrines that create a compass that differentiates between acceptable attributes from unacceptable attributes in the social environment (Lexology search). Historically, this word comes from the French term Crimne, which was coined from the Latin Crimen. The term means an accusation and denotes cerno: “I decide.”
Grading and Classification of Crime.
Crimes can be classified by subject matter. For instance, crimes such as assault, rape or battery cause physical harm to a person’s body and, therefore, can fall under “crime against the person.” If an act harms a victim by depriving them of individual property or causing property damage, it can fall under “crime against property.” these classifications are convenient for to study of criminal law. The most substantive crime category is grouping crimes based on the severity of their punishment. Crimes can be grouped into four major domains: Felonies, misdemeanors, felony misdemeanors and infractions. Felonies are serious crimes that are either motivated by heinous intent like murder or cause serious results such as loss of life, damaged properties or grievous harm (AFRICA LAW CENTRE). Secondly, Misdemeanors are less serious criminal activities compared to felonies because their intent results are less extreme (AFRICA LAW CENTRE). They are often punished by fines or alternative, community service, rehabilitation or jail times of less than a year. Felony-misdemeanors are crimes that can be prosecuted as either misdemeanors or felonies based on the circumstances of the action (Criminal Law, 2015). Lastly, the infractions are general violations. These are the least serious crimes that include motor vehicle offense that attracts fines or alternative sentencing that include rehabilitation centers.
History and meaning of the term Aid and Abet.
The phrase ‘aid and abet’ is a legal term often used in criminal law. The phrase describes the roles of an individual person in supporting and encouraging others to commit crimes. These terms are independent but related in the criminal justice arena. The term Aid generally means to provide some kind of assistance to someone when they are committing individual crimes. The help can range from financial support to giving them equipment. On the other hand, abet is inciting a person’s act (Doyle, (2020). It involves one’s active role in facilitating a crime, which may come through acts or words. In the criminal arena, these words are used together to show a range of actions that an individual engages in to help someone commit a crime. Hence, when one is charged with aiding and abetting, it shows that the person was a key player in supporting the commission of an individual crime.
According to Doyle (2020), people often use the term ‘aid and abet’ in the criminal context. The author describes an aid to be another word for help while indicating that abet comes from an old French word meaning encourage a hound to bite. The term abet roots from around 1300, while aid was coined around 1400. Currently, the legal system uses this phrase in criminal justice; the term abet was used to describe dogs attacking defenseless bears trapped in a cage. The duo-phrase traces its legal origins to the 1700s when people seized using it to mean attack. In 1798, George Washington officially used the term in his letter that was originally published in 1893. Therefore, this term is deeply rooted in the English common law. It held the stance that a person who helps a perpetrator commit individual crimes should also be accountable for the crime.
Terms related to Criminal Law.
Habeas corpus.
This is a Latin term translating to “You should have the body.” This means that a detainee must be arraigned in court so the justice system can evaluate the legality of the person’s detention. That is, the court must charge the person with a crime after a free and fair trial so that the accused is aware of their charges. Throughout human history, in individual states, government official orders sent many people to prison without probable cause and an opportunity to defend themselves or understand their crimes. Therefore, Habeas corpus can secure someone’s release from prison unless they were detained under lawful grounds in which they can be detained and officially sentenced through the criminal justice channel. The term was written in English justice systems over three decades ago, and the United States adopted it in its constitution with the aim of protecting citizen’s liberty.
Mens Rea.
Mens rea is a Law Latin for the guilty mind. It is an Anglo-American law denoting evil mind. Civil laws argue that a person’s criminal act involves an act with its consequences and the mental state of the defendant. Therefore, all justice system needs proof of criminal intent for all cases being tried in court. This term maintains that for an act to be termed a crime, it must be accompanied by a wrongful mind state such as intent, negligence or recklessness. Therefore, a defendant’s act is not punishable by law unless the mind is guilty of an act. Someone who committed an act unconsciously without intent is not accountable for their crimes in criminal law. However, when one intentionally plans to harm another person, but the resulting act harms an unintended victim, this case can be deemed a matter of transferred intent.
Felony.
Felony is derived from an old French term, ‘felonie’ which means an evil act. In the Justice system, felonies are a series of serious crimes that are supported by intent to kill or result in extreme outcomes such as property destruction, loss of life and serious injuries. The criminal justice system grades these crimes as the highest offenses exposed to different kinds of sentencing options depending on the nature of the crime and jurisdiction (Criminal Law, 2015). The sentencing could be public execution, hefty fines, prison time for more than one year, house arrest, or alternative sentencing such as community service, rehabilitation and probation. Other consequences include revoking of person’s voting rights, following some career paths or owning weapons.
Alibi.
Alibi is a Latin-rooted word ‘alibi’ meaning ‘elsewhere.’ In the justice system, this is a defense to a crime. This a defense strategy where an accused can argue that they were not at the scene of the crime when it happened. Therefore, when an accused invokes an alibi as a legal strategy, the defense must argue that the defendant could not be the perpetrator of the crime because when the crime was in progress, they were elsewhere (Stephen & Partners). In the event that a defendant is accused of a crime or seen at its scene, an alibi can be a complete defense to individual counts of the charge. Therefore, if the jury and judge believe their alibi, then the court must find this person “Not Guilty” of their crimes.
Culpability.
Culpability comes from the Latin Origin ‘Culpa,’ meaning fault. It refers to the level of a person’s accountability in committing a crime. For instance, in sexual harassment and abuse cases involving priests, bishops may argue, based on their duty to God and the community, that they were not culpable for individual crimes of sexual harassment on priests in their jurisdictions (Stephen & Partners). The individual jury can apply the facts submitted during the hearing by mapping them to criminal laws to determine the defendant’s culpability for individual charges. Culpability houses individual concepts, including recklessness, intent and negligence, mirroring moral levels and legal accountability.
Meaning of Tort.
A tort is an infringement of human rights or any wrongful act that leads to civil legal liability. It happens when someone wrongs their victim in a way that leaves them liable to legal liabilities (Law, 2019). These perpetrators may intentionally harm their victims, but sometimes, the harm falls on the victims by an act of negligence. Also, in some tort suits, the actor is liable for damages that are caused despite being as careful as one can possibly be. Tort law is part of civil laws that are wrong against the action’s perpetrators to compensate the injured party for the harm suffered during the act (Law, 2019). Sometimes, it serves as a deterrence plot for perpetrators looking to commit similar crimes. Therefore, it serves as a wheel of balance in the social domain by providing a legal roadmap for seeking compensation for those who have been harmed by holding wrongdoers liable for individual acts.
Functions of Tort Laws.
Tort laws are a set of legislations focused on correcting harms caused by a person’s wrongful acts and injuries. For instance, when an orthopedic surgeon amputates a patient’s left leg while they were to amputate the right one, the patient reserves the right to sue them for medical malpractice. The laws serve different purposes. The key role of tort laws is compensation for harm. These laws provide a platform for a victim of harm to seek compensation from their perpetrators for subjecting them to individual harm (Law, 2019). The compensation package works to restore the injured person to the initial position they would have been in before this harm occurred. For instance, when a person is injured in a road accident based on a driver’s negligence, tort law enables them to sue the driver and get compensated for any treatment expenses, and pain and suffering.
Secondly, these legislations can deter businesses or individuals from engaging in harmful practices. Legal and financial liability threats may deter them from similar forms of acts (Law, 2019). Therefore, encouraging them to be responsible and reasonable in their dealings to avoid any actions that can attract them legal formalities. For instance, a business that uses low-quality raw materials in production to maximize profits may unconsciously be causing harm to its consumers and may be accountable for damages from the injuries caused to consumers. The legal formality may work to compensate its consumers, cause them significant financial loss, an event that can deter their future deeds and serves as a warning to other business in different markets.
Lastly, these laws work to nurture justice and fairness in the social domain by holding crime perpetrators accountable for their acts by providing a key for wronged victims to seek justice under the legal system and ensure that the responsible people get punished for their acts (Law, 2019). For instance, in a defamation case, tort legislation provides legal solutions for persons whose reputations were harmed based on a wrongful statement made by someone else about them. The law compels the wrongdoers accountable for their statements and may need them to retract and apologize to their victims.
References.
Criminal law. (2015, December 17). https://open.lib.umn.edu/criminallaw/chapter/1-4-classification-of-crimes/
AFRICA LAW CENTRE. Criminal Law 1 notes (Part 1). https://africalawcentre.blogspot.com/2014/02/criminal-law-1-notes-part-1.html
Doyle, C. (2020). Accomplices, Aiding and Abetting, and the Like: An Overview of 18 USC § 2. Congressional Research Service, 1-11. https://www.everycrsreport.com/files/20200214_R43769_bd65c0c1e5b3b577623be21da446b866a85eb9fb.pdf
Law, W. I. T. (2019). Introduction to Tort Law. https://crsreports.congress.gov/product/pdf/IF/IF11291#:~:text=Tort%20law%20serves%20at%20least,people%20who%20wrongfully%20injure%20others.
Lexology search. (n.d.). Lexology. https://www.lexology.com/library/detail.aspx?g=9b39aef7-9f6a-4689-9f53-d7d1a4977c16#:~:text=Origins%20of%20the%20word%20’crime’&text=The%20historical%20study%20of%20a,’%20or%20’I%20decide‘.
Stephen G. Rodriguez & Partners. https://www.lacriminaldefenseattorney.com/legal-dictionary/c/culpability/
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