LYCOS RETRIEVER 
Criminal Law: Punishments
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The body of law that pertains to crimes against public authority—the federal or state governments, for example—is known as criminal law. These are the statutes that executive branch officials have the power to enforce. People who violate these laws may be apprehended by police and tried in a court of law. If convicted, they face the punishment prescribed by the trial court. If the convicted person feels that his constitutional rights have been violated, he may appeal the case to the Supreme Court.
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Penal law which is another term for criminal law is the one that determines whether the act is a criminal act or not. The person who is found guilty of criminal acts shall be punished with the courts decision of course. The Criminal Justice theory is divided into four namely punishment, avoidance, incapacitation and remedy or rehabilitation. Criminal law is different from civil law. Civil law is focused on private a dispute that usually involves two parties.
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The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. In contrast, criminal procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law — through the gathering of evidence and prosecution — is generally considered a procedural matter.
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The course examines the basic concepts and legal and sociological issues in substantive criminal law; the theories underlying criminal law; and the problems of the imposition and execution of punishments. An attempt is made to develop an understanding of the rational basis of a law of crimes by studying specific problem areas such as criminal liability and legal requirements for criminal defenses. Special emphasis is placed on such crimes as murder, manslaughter, burglary, rape, robbery, larceny, theft, assault and battery, and victimless crimes.
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The province retains some power over criminal law through a number of constitutional provisions. Under section 92(15) the provinces are able to impose "Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated" within section 92. This means that a province can attach criminal penalties to valid provincial laws. Consequently, there is frequently debate over whether a provincial law is intruding upon the federal criminal law power.
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Substantive criminal law defines crime and punishment—for example, what act constitutes murder or what punishment a murderer should receive. On the other hand, criminal procedure is concerned with the legal rules followed and the steps taken to investigate, apprehend, charge, prosecute, convict, and sentence to punishment individuals who violate substantive criminal law. For example, criminal procedure describes how a murder trial must be conducted.
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Punishments