Criminal Case Study Example | Topics and Well Written Essays - 1500 words

Criminal - Case Study Example This will ensure that there is an efficient trial which is aimed to bring across justice. Criminal law deals with crimes and the legal punishments of criminal offences under the body of statutory and common law. A peaceful social order and justice is achieved in the society by imposing sanction of the crime. Criminal justice is governed by four theories namely: punishment, incapacitation, deterrence and rehabilitation. 1 A crime is an act of default or conduct prejudicial to the community, the commission of which by law renders the person responsible liable to be prosecuted and eventually punishing the guilty person accordingly. The prosecutor has a duty of bring the charges against the accused person and prove establish his guilty beyond any reasonable doubts. The prosecution for crime is conduct in the name of the state and the case is styled as - State versus name of the accused. (Van de Haag, 1978) Whereas civil law deals with the relationship between an individual and their rights and obligations under the law, criminal law is a system of regulating the behaviours of persons in relation to societal norms. A criminal proceeding commences with an alleged crime whereby an accusation is made by the compliant and the police being the government agent investigates the matter. During the proceedings, the interest of the government is represented by the prosecuting attorney or prosecutor while those of the defendant are represented by his defence attorney or by himself. 2 An exact circumstance that comprises a crime is supposed to be spelt out by the criminal statute in what is known as the element of the offence. The defendant cannot be proved to be guilty of the offence unless the prosecuting authority proves the elements of the offence spelt out in the criminal statute. Three elements of the offence are: the act itself, the actus reus, guilty act; the requisite mental state, the mens rea, guilty mind; and the attendant circumstances. (Fletcher, 1998) For our case, Arnold who was a member of an anti-capitalist organisation committed to the violent overthrow of society is a criminal offence when he released a toxic gas into the underground rail system of a city. This is a public nuisance which is actionable at the suit of the prosecutor on behalf of the public. A public nuisance can be defined as an act which interferes with the enjoyment of a right whereby all member of the society are entitled to for example right to fresh air or travel on the highway or rail. (Langhan, 1999) Arnold endangered the life of passengers using the railway system with the toxic case hence he should be prosecuted for public nuisance. The remedies in nuisance are damages, injunction and abatement. Damages This is an ordinary common law remedy whereby the damages claimed are un-liquidated as the court has power to fix them. Injunction This is an equitable remedy which is granted at the discretion of the court circumstances