Criminal law - Research Paper Example

The field of criminal law has to be lean and presentable for the sake of shortening the road to justice. One of what now constitutes a criminal offence and ought to be repealed is public drunkenness and nuisance. The law is not quite defined and it is not strange to see most of the criminals in one way or the other to incriminated with crimes related to drunkenness. Two factors are always considered before one is construed to have committed a criminal offence. This is guilty act and guilty mind, while a guilty act is the nature and form of behaviors that individuals poses a guilty mind on the other is the situation in which an individual is self professed as facing guilt (Peter, 189).

A combination of the two constitutes a criminal offence and clearly, this is lacking in the case of public drunkenness. A public drunkard has no guilty mind or guilty act. Criminalizing such kind of cases as criminal is not only overburdening the public with bureaucratic system of law enforcement but also results into giving false impression on the accused (Peter 194). The act of criminology should be clearly defined such that other activities that may be construed as negligence, indecent public exposure or act are separated from the acts of criminals.

Other acts that are equally considered criminal offence and should be reconsidered are vagrancy and contravention of the traffic rules. This is a resolution realized after the courts are found to find it so hard to attend to cases due to lack of clarity resulting from them. Spreading criminal offence to include all these has also made the dispensation of justice to be a problem. This is because of the time taken to pass judgments as well as adducing evidence for and against by the prosecutor and the defendant respectively.

There are also tendency that the prosecutor do threaten the accused to compound the charges for not pleading guilty and entering into a trial with such parties in the critical conditions (Peter, 201). There will be a perception that if such activities are not considered as criminal, there will result a situation where several of such cases arising and even overcrowding further the corridors of justice. This is not the case, the only proposal in this case is not to criminalize the situation but the charges against those who will be found guilty of the contraventions will face the equal measure of the law.

The aim of the move is to help reduce the burden of the public in response to what is considered mushrooming of criminal offences that are being enacted on a daily basis in a routine manner. This has proved to be over criminalization for the public making the lives of the public difficult in complying with all the regulations that are being enacted as criminal. The public will be enabled to observe the regulation more so those that are considered criminal offences with ease instead of creating several criminal laws at every stage in life are overburdening and irritating to the people involved.

Before a law is enacted to be a criminal offence, the legislation team should be mindful about the public and should ensure that the law meets all the facets of criminology such that it becomes enforceable in the event that the same publics contravene them. Criminalizing everything anytime is not the solution to the problems, in fact