Criminal Law
One important distinction in all countries is between private (or civil) law and public law. Public law concerns disputes between citizens and the state, or between one state and another. Criminal law is a category of public law. Crimes are the acts which the state considers wrongful and which can be punished by the state.
Since punishment is the remedy, we want to be certain that we punish the guilty, not the innocent. In most legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything. The state has to prove his guilt according to as high standards as possible.
There are usually two important elements to a crime: the criminal act itself and the criminal state of mind of the person when he committed the act. When a person is being convicted, the question should be asked: “What punishment will carry out five purposes of punishment – reformation, restraint, retribution, rehabilitation and deterrence (specific or general)?”. Punishment should fit the crime. The more serious a crime is, the more severe a punishment should be.
Crime has three major parts: crime against person; crime against property; and crime against the public order. Crimes against person always involve force or threat of force against the body of another. Crimes against property are distinguished by an absence of force against a person and loss of property is the key. Crimes against public order include rioting, treason, and most of the “victimless” crimes.
