criminal law

criminal law, the branch of law that defines crimes, treats of their nature, and provides for their punishment. A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offense committed against the public, even though only one individual may have been wronged. The real distinction lies in the way a remedy for the wrong is pursued. A tort is a wrong for which the remedy is pursued by, and at the discretion of, the injured individual or his or her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the state for the purpose of punishment. However, the fact that a particular act has been or may be prosecuted as a crime does not necessarily preclude an injured party from seeking recovery from the offender in a civil action.

For an account of criminal law in ancient and medieval times, see composition; vendetta. See also military law; martial law; international law; piracy; war crimes.

Sections in this article:

• Introduction
• Classification of Crimes
• Defining Crimes and Setting Punishment
• The Right to a Defense
• Criminal Procedure
• Bibliography

The Columbia Electronic Encyclopedia, 6th ed. Copyright © 2012, Columbia University Press. All rights reserved.

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