Criminal law

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.