Criminal law covers a broad spectrum of behaviour deemed harmful to society, and punishes those who break such laws. It aims to deter people from committing crimes, while also imposing punishments and rehabilitating convicted offenders. It differs from civil law, which deals more with dispute resolution and victim compensation.
Prosecutors have a lot of discretion over whether or not to file charges against an accused individual. The severity of the crime, their criminal history and public interest are all factors that influence their decision. They also have to consider the legal implications of each offence, such as whether it is a simple theft or a robbery. The type of offence may affect the level of culpability too, as the wording can have significant meaning. For example, murder is a more serious offence than manslaughter.
Police detectives often rely on criminal profiling when investigating cases. Criminal profilers are trained to identify various factors that explain a person’s behaviour. For example, they can use their skills to determine if an offender is organised or disorganised and if they plan ahead or take risks (Kocsis, 2005).
A judge or jury examines the evidence presented by both sides and decides whether the defendant is guilty of the crime. They can then impose a penalty, which takes the gravity of the offence and mitigating or aggravating circumstances into account. This can include prison time, monetary fines or community service. Defendants can be recalled to prison if they breach the conditions of their parole, or if they commit another crime.
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