Criminal Law





Criminal Law

Introduction

The purpose of criminal law is to maintain social order and protect individuals and society from harm. Criminal law is concerned with offenses that threaten the public, is developed and enforced by the state, imposes sanctions that range from fines and imprisonment to death, and requires a standard of proof “beyond a reasonable doubt.” Criminal law is contrasted with civil, contract, and especially tort law. Tort law is that branch of civil law that adjudicates wrongs and damages between private parties; the legal action is initiated by an individual, and the sanction is usually financial (Beale, 2002). The relationship between criminal and tort law has drawn the attention of legal scholars in recent years because of the use of civil actions against individuals who were earlier acquitted of criminal charges. For example, both O. J. Simpson, the accused murderer of his ex-wife, and the police officers charged with beating Rodney King were acquitted in criminal trials, but later found liable for their actions in civil court. Some see this use of civil procedure as a means of correcting erroneous jury decisions; others see it as a misuse of the legal system and a violation of individual legal rights (Chevigny, 2002).

Principles of Criminal Law

Criminal law is the area of law that deals with crimes and their respective punishments. Like other laws, criminal law has evolved over hundreds of years and remains in a constant state of flux. Today, modern criminal law is merely the culmination of a great many influences. Those influences are as old as the traditional common law or as current as the Model Penal Code. These influences tend to increase and decrease over time. In time, new laws will be adopted and old laws will be repealed. However, there is one overarching principle that remains constant: The goal of all criminal laws is the protection of the health, safety, and welfare of society. Laws seek to control the conduct of a community or society while providing for the rights of the citizenry. Most laws developed over the centuries relate to resolving disagreements between people that arise in the daily conduct of their affairs (Demleitner, 2007). One of the earliest known sets of laws dates back to 1750 BC. King Hammurabi of Babylon created a set of 282 laws, known as the Code of Hammurabi. However, it was not until the development of English common law in the Middle Ages that the process of creating modern written law began. Once William of Normandy conquered England, he established the Eyre, a circuit court held by itinerant royal justices who heard cases throughout the kingdom and recorded its decisions. These decisions integrated the unwritten common law of England based upon custom and usage throughout the land (Dressler, 2001).

Today, the practice of recording a court's opinion is still in use. In the United States, the opinions of some trial and most appellate courts are preserved in a book of decisions called a reporter. Typically, decisions interpret the law, both ...