What is the difference between Criminal Law and Penal Law?
-
1 Answer
-
This table provides a simplified overview of the differences between criminal and penal law. The actual systems and legal interpretations can vary depending on the jurisdiction.
Feature
Criminal Law
Penal Law
Focus
Punishing or reforming those who commit crimes against the state or individuals
Justifying the imposition of penalties
Nature of wrongdoing
Focused on harmful acts and mens rea (guilty mind)
Focused on forfeiture of rights or privileges, not necessarily requiring mens rea
Standard of proof
Beyond a reasonable doubt
Lower standards like preponderance of evidence or clear and convincing evidence may be used
Initiation of proceedings
Typically initiated by the government (prosecution)
Can be initiated by the government or in some cases by private individuals
Goals
To deter crime, protect the public, and rehabilitate offenders
To impose fair consequences for wrongdoing and potentially generate revenue for the state
Penalties
Primarily focuses on imprisonment, fines, probation, and parole
Can include a wider range of penalties like asset forfeiture, loss of licenses, community service, and restorative justice measures
Relationship to criminal law
Complements criminal law by providing justification for its penalties and potentially filling in gaps where mens rea is difficult to prove
Can stand alone without necessarily relying on criminal law, but often overlaps with it
Related Questions
Taking an Exam? Selecting a College?
Get authentic answers from experts, students and alumni that you won't find anywhere else
Sign Up on ShikshaOn Shiksha, get access to
- 64k Colleges
- 966 Exams
- 618k Reviews
- 1450k Answers