Law

=== Criminal law ===
{{main|Criminal law}}

Criminal law, also known as penal law, pertains to crimes and punishment.<ref>[[Cesare, Marquis of Beccaria|Cesare Beccaria]]'s seminal treatise of 1763–1764 is titled ''On Crimes and Punishments'' (''[[Dei delitti e delle pene]]'').</ref> It thus regulates the definition of and penalties for offences found to have a sufficiently deleterious social impact but, in itself, makes no moral judgment on an offender nor imposes restrictions on society that physically prevent people from committing a crime in the first place.{{sfn|Brody|Acker|Logan|2001|p=2}}{{sfn|Wilson|2003|p=2}} Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of [[criminal procedure]].<ref>Dennis J. Baker, Glanville Williams ''Textbook of Criminal Law'' (London: 2012), 2</ref> The [[paradigm]] case of a crime lies in the proof, [[Legal burden of proof|beyond reasonable doubt]], that a person is guilty of two things. First, the accused must commit an act which is deemed by society to be criminal, or ''[[actus reus]]'' (guilty act).<ref>See e.g. {{harvnb|Brody|Acker|Logan|2001|p=205}} about ''[[Robinson v. California]]'', 370 U.S. 660 (1962).</ref> Second, the accused must have the requisite [[intention (criminal law)|malicious intent]] to do a criminal act, or ''[[mens rea]]'' (guilty mind). However, for so called "[[Strict liability (criminal)|strict liability]]" crimes, an ''actus reus'' is enough.<ref>See e.g. Feinman, ''Law 111'', 260–261 about ''[[Powell v. Texas]]'', 392 U.S. 514 (1968).</ref> Criminal systems of the civil law tradition distinguish between intention in the broad sense (''dolus directus'' and ''dolus eventualis''), and negligence. Negligence does not carry criminal responsibility unless a particular crime provides for its punishment.{{sfn|Dörmann|Doswald-Beck|Kolb|2003|p=491}}{{sfn|Kaiser|2005|p=333}}
[[File:Adolf Eichmann is sentenced to death at the conclusion of the Eichmann Trial USHMM 65289.jpg|thumb|left|[[Adolf Eichmann]] (standing in glass booth at left) being [[Eichmann trial|tried and sentenced to death]] by the [[Israeli Supreme Court]] in 1961, an example of a criminal law proceeding]]
Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances defences can apply to specific acts, such as killing in [[self-defense (theory)|self defence]], or pleading [[insanity defense|insanity]]. Another example is in the 19th-century English case of ''[[R v Dudley and Stephens]]'', which tested a defence of "[[necessity (criminal law)|necessity]]".<ref>About ''R v Dudley and Stephens'' [1884] [http://www.justis.com/titles/iclr_bqb14040.html 14 QBD 273 DC] {{webarchive|url=https://web.archive.org/web/20050228224504/http://www.justis.com/titles/iclr_bqb14040.html |date=28 February 2005 }}, see Simpson, ''Cannibalism and the Common Law'', 212–217, 229–237</ref>

Criminal law offences are viewed as offences against not just individual victims, but the community as well.{{sfn|Brody|Acker|Logan|2001|p=2}}{{sfn|Wilson|2003|p=2}} The state, usually with the help of police, takes the lead in prosecution, which is why in common law countries cases are cited as "''The People'' v ..." or "''R'' (for [[Monarchy|Rex]] or [[Queen regnant|Regina]]) v ...". Also, lay [[jury|juries]] are often used to determine the guilt of defendants on points of fact: juries cannot change legal rules. Some developed countries still condone capital punishment for criminal activity, but the normal punishment for a crime will be [[prison|imprisonment]], [[fine (penalty)|fines]], state supervision (such as probation), or [[community service]]. Modern criminal law has been affected considerably by the social sciences, especially with respect to [[sentence (law)|sentencing]], legal research, legislation, and [[rehabilitation (penology)|rehabilitation]].<ref>Pelser, ''Criminal Legislation'', 198</ref> On the international field, 111 countries are [[States Parties to the Rome Statute of the International Criminal Court|members]] of the [[International Criminal Court]], which was established to try people for [[crimes against humanity]].<ref>{{cite web|url=http://www.icc-cpi.int/Menus/ASP/states+parties/|title=The States Parties to the Rome Statute|publisher=[[International Criminal Court]]|access-date=10 February 2007|url-status=dead|archive-url=https://web.archive.org/web/20110623085130/http://www.icc-cpi.int/Menus/ASP/states+parties/|archive-date=23 June 2011}}</ref>