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Criminal law, or Penal law, is legislation made by Congress and state legislatures to handle criminal activities that cause harm to the public with penalties. It outlines how suspects are investigated, accused, tried, and sentenced, as well as how convicts are detained. Criminal law also includes decisions of appellate courts that illuminate and interpret criminal law and regulate criminal procedure in the absence of clear legislated rules. In order for a person to be found guilty of breaking a criminal law, the prosecution must show that the defendant deliberately intended to engage in these activities. In other words, the defendant must have had intention (Mens rea). Criminal law is usually prosecuted by the government. The state, through a prosecutor, launches the suit. Criminal law is divided into Substantive Criminal law; Criminal Procedure; and problems unique to the administration and enforcement of criminal justice. Substantive Criminal law outlaw acts against the state. It can also determine punishment. It also determines how the case's facts will be controlled, the classification of crimes (i.e. whether a crime is a felony or a misdemeanor), and what the sentence should be. It is concerned with the “substance” of the matter. Criminal statutes also determine which courts will hear what cases and which attorneys will prosecute those cases. Criminal Procedure outlines the practices established by lawmakers and courts to enforce the criminal statutes. For example: when an accused can be searched; when evidence can be obtained; and when eyewitnesses can be interviewed. Criminal Procedure protects a defendant's individual constitutional rights. This includes the right to remain silent, the right to a fast, public trial, the right to an effective lawyer, and the right of the defendant to cross-examine his or her witness.
 
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