What is the difference between Criminal Law and Penal Law?

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    Answered by

    Manpreet Kaur | Contributor-Level 10

    7 months ago

    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

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