Criminal law
Body of law relating to crime, punishment, and rehabilitation.
Criminal law is the body of law that relates to crime, proscribing conduct perceived as threatening, harmful, or endangering to property, health, safety, and welfare. It is established by statute and includes punishment and rehabilitation of violators, varying by jurisdiction and differing from civil law, which emphasizes dispute resolution or victim compensation rather than punishment. Criminal procedure is the formalized activity that authenticates the commission of a crime and authorizes punitive or rehabilitative treatment.
Historically, early civilizations did not distinguish between civil and criminal law. The first written legal codes were created by the Sumerians, including the Code of Ur-Nammu (circa 2100–2050 BC) and an earlier code of Urukagina. The Code of Hammurabi formed the core of Babylonian law. In Ancient Greece, only fragments of laws by Solon and Draco survive. Roman law, as seen in Gaius’s Commentaries on the Twelve Tables, treated theft as a tort and assault as trespass, with breaches discharged by monetary compensation. The criminal law of imperial Rome is collected in Books 47–48 of the Digest. After the 12th-century revival of Roman law, these classifications provided the foundation for the European distinction between criminal and civil law.
The modern distinction emerged during the Norman Invasion of England. The notion of criminal penalty in Europe arose in Spanish Late Scholasticism, where the theological concept of God’s penalty for a guilty mind entered canon law and then secular law. Key early modern codifiers included the German jurist Benedikt Carpzov, the Roman judge Prospero Farinacci, and the Piedmontese lawyer Giulio Claro. The development of state-dispensed justice in courts became clear in the 18th century, when European countries began maintaining police services, formalizing enforcement mechanisms.
Criminal law is distinctive for its serious potential sanctions. Every crime has criminal elements. Consequences can include capital punishment, corporal punishment such as whipping, incarceration (possibly solitary), government supervision like house arrest or parole, and fines. Five widely accepted objectives of punishment are retribution (balancing the scales by disadvantaging the offender), deterrence (individual and general), incapacitation (removing offenders from society), rehabilitation (transforming offenders i
- field
- Law
- known_for
- Body of law relating to crime, punishment, and rehabilitation
- key_concepts
- Actus reus, mens rea, retribution, deterrence, incapacitation, rehabilitation, restoration
- influential_figures
- Benedikt Carpzov, Prospero Farinacci, Giulio Claro
Lore & Background
The first civilizations generally did not distinguish between civil and criminal law. The first written codes were designed by the Sumerians, including the Code of Ur-Nammu (c. Another important early code was the Code of Hammurabi, forming the core of Babylonian law. In Roman law, Gaius's Commentaries on the Twelve Tables conflated civil and criminal aspects, treating theft as a tort. The criminal law of imperial Rome is collected in Books 47–48 of the Digest. After the revival of Roman law in the 12th century, sixth-century Roman classifications provided the foundations of the distinction between criminal and civil law in European law.
Reader's Guide
Criminal law is distinctive for its serious potential consequences, including capital punishment, incarceration, fines, and supervision. Five objectives are widely accepted for enforcement: retribution, deterrence, incapacitation, rehabilitation, and restoration. Jurisdictions differ on the value placed on each. The development of the state dispensing justice in court emerged in the eighteenth century when European countries began maintaining police services, formalizing enforcement mechanisms. Criminal law requires proof of an actus reus (guilty act) and often a mens rea (guilty mind), though some strict liability offenses do not require intent. The scope of criminal law is vast, covering many areas such as safety crime and regulatory offenses.
Did You Know?
- In Roman law, theft (furtum) was treated as a tort, not a crime.
- The special notion of criminal penalty in Europe arose in Spanish Late Scholasticism, influenced by the theological notion of God's penalty.
- Five objectives of criminal law are retribution, deterrence, incapacitation, rehabilitation, and restoration.
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