The criminal law refers to any law that relates to crime. The law punishes the people who pose any threat to the health, property or moral welfare of another person. Criminal laws vary from one Country to the other. Any crime includes criminal elements. The jurisdiction may impose capital punishments for severe crimes. Depending on the jurisdiction and what sort of crime a person commits, the duration period in jails may vary. There are five objectives behind the enforcement of criminal law. They are retribution, deterrence, incapacitation, rehabilitation and restoration of a person.
1. Retribution: As criminals have taken undue advantage of the law, they ought to be punished, this appears to be the primary goal of retribution. The law will put various scales on the crime committed and judge accordingly. The intensity of the punishment varies according to the crime committed.
2. Deterrence: Here the primary focus is to impose a specific penalty to the offender to discourage the person from committing any fraudulent activities on a later stage. In this case, the other individuals also refrain from committing the crime, fearing the law.
3. Incapacitation: Incapacitation either includes capital punishment of prison sentence such that they are kept away and is protected from the society.
4. Rehabilitation: This process involves transforming the offender to be a valuable part of the society. The rehab makes the offender convince of their mistakes and through proper channels of counselling and other such activities. The offender is encouraged to live a better life once released from the prison.
5. Restoration: Here, the goal is to repair the injury inflicted by the offender on the victim.
Types of criminal law
There are two types of criminal acts, misdemeanor and felonies. A misdemeanor act is a little less offensive under criminal law. They include minor assaults, like traffic offences and petty thefts. The imprisonment years for this type of crime is one year or less. Felony includes- murder charges, man/animal slaughter, rape, crime dealing with drugs, robbery, etc. However, the punishment differs from one State to the other. Any crime consists of two parts – mensrea (this refers to the mental state a person is while the crime is being committed) and Actus Reus (This relates to the crime committed by the offender. i.e., If a person is charged with drug case, then there has to be proof that the offender actually sold drugs).
Crime law: Cases.
Any crime law includes two cases. Some cases would be judged by the jurisdiction to determine if a person is pled guilty or innocent. The next example is called a plea bargain. Here, if the offender admits his crime and pleads himself guilty, then his total years in prison may be reduced.
Intellectual property rights refer to any copyrights, patents or trademarks. They are unique human creations that are intangible. Any discovery or invention would need to be protected against any unfair competition. The particular discovery is given a patent or a trademark to state that it cannot be subjected to imitation by another. Without intellectual property rights, a person would not reap the full benefits of his invention.
1. Trade secrets: Trade secrets refers to any secret technology or method that is used to fashion a unique device. The secret may be used to gain a competitive edge against a company’s competitors. For the long-term growth of the company, it is essential that this secret has to be protected and cannot be subjected to any imitation by another company or person. The secret used for trading is protected under the law of intellectual property rights. They are confidential information.
2. Patents: Patents are granted for an invention, provide all the details of the invention are disclosed to the public. Patents are granted for a certain number of years based on the type of invention. A patent refers to a claim wherein the law prevents any state or person from selling or copying or distributing that particular invention. A typical example of patents is utility patents. They are exclusively meant to protect machines, devices and any composite material.
3. Copyrights: Copyrights are similar to patents except that they are valid only for a limited time and expires after 50 to 60 years after the death of a person. Copyrights are territory bound. The law allows the holder of the copyrights to have some exclusive rights.
4. Trademarks: Trademarks are common in business places. Brands are another name used for trademarks. Each company would have a unique brand or product of its own. The law protects the product against any imitation or illegal distribution. The company that holds the trademark of a brand can only sell or trade that product in the market. A state trademark can be obtained by paying about $100 to $200. The federaluld trademark wo be more costly as the product or the invention has to be protected nationwide. The fee ranges from $275 to $375.
Can you sell your rights?
If a person has to benefit from his business, this requires the person to sell his ideas to another company to market his products, or he should market the product himself. The other way is to license out the product to another person or company. If a potential buyer is identified, the patent is sold on specific terms and conditions mentioned in the notary public. Decide on what terms would lead the product to get popularised before you sign the deal.