. What are the basic concepts of Criminal Law?

What are the basic concepts of Criminal Law?

I'm Roger pilla vice president for legal  affairs at the Cato Institute before

us  now is a constitution aimed mainly at  securing Liberty through the rule of

law  plus the core principles of private  property  we're ready at last to discuss

the basic  law we need once we start interacting  committing wrongs and making

contracts  as we saw earlier when we violate rights  we create new special rights and 

obligations so too when we enter into  contracts we will discuss freedom of  contract in

What are the basic concepts of Criminal Law


the next session here we  discussed torts and crimes and again  we'll cover only

the basic principles  tort comes from the old French for wrong  or injustice torts

our acts or omissions  that injure or harm others by taking  what belongs rightly

to them free and  clear their lives liberties or property  torts take many forms

battery ranging  from a simple touch to serious attacks  assault or a credible threat

Some Important Basic Concepts

of imminent  battery negligence or injuring another  by failing to take

reasonable care  trespass to property defamation  intentional infliction of emotional 

distress imposing excessive nuisance or  risk production or sales of defective or 

dangerous products leading to injury and  more much more tort law has two main  aims

first to enable injured parties to  hold those who injured them liable and  thus

obligated to make them whole  usually by compensating them for their  losses but also by


enjoining or blocking  ongoing harmful activity and second tort  law aims to deter such

acts by holding  wrongdoers thus liable when the parties  are unable to settle

their differences  privately often through insurance both  aims are served by big 

bringing civil suits against the  wrongdoers in such suits the victim or  plaintiff

must prove his injury that it  was caused by the defendant and often  that it was


due to the defendants  negligence the defendant may have  defenses for example

that he acted in  self-defense or that he took all  reasonable care to avoid the

harm or  that the victim consented or was  otherwise responsible in whole or in 

part for his injury but sometimes  defendants will be held strictly liable 

regardless of the care they took simply  because they caused the injury in  addition to

strict liability and  negligence based torts there are also  intentional torts which


were often  recognized as common law crimes you  don't need a statute to know that

murder  rape and robbery are not only torts but  crimes as well reason alone tells

you  that what distinguishes such acts from  ordinary torts is something called

mens  rea or a guilty mind the intent to do  harm not just doing harm by accident 

such acts bring us to criminal law but  criminal law involves much more for 

starters a person who intentionally  injures another cannot simply compensate  his

victim for losses like medical bills  forgone income and pain and suffering 


criminals attack our dignity indeed  what would a wealthy rape victim care  about mere

financial compensation were  still how does mere compensation address  or deter the

actions of a wealthy rapist  or child molester it's simply the cost  of engaging in

his sordid business we  come then to the need for compensation  and punishment to

remedy such crimes but  there's another reason too for punishing  criminals by for

example incarcerated  them it's because by their actions they  have flaunted justice

and created fear  in the community  thus crimes are not simply private but  public


wrongs criminals are subject not  simply to civil suits by their victims  but to

criminal prosecution by the  public an accused criminal defendant  still has rights of

course for there's  often uncertainty surrounding a criminal  prosecution including

whether the  defendant is guilty as charged  criminal trials with complex procedural 

rules striking a balance between the  defendants and the public's rights are  aimed

at resolving that uncertainty but  even before trial we need rules about  arrest


and interrogation the gathering  of evidence and more striking that  balance is

difficult but not impossible  regrettably in far too many countries it  is struck in

favor of the government and  innocent defendants pay the price still  other problems

plagued modern criminal  justice systems since defendants are  often poor they cannot

afford legal  counsel and the public's interest in  punishing usually trumps the


criminal  victims right to compensation there are  practical solutions to both problems

but  they're often overwhelmed by another  problem over criminalization and it has

 two sources first unlike under common  law much criminal liability today

arises  under complex and obscure statutes and  regulations which means that many

people  have no idea that they're breaking the  law yet they're held strictly liable 


despite the normal mens rea requirement  for criminal liability tax laws business 

regulations campaign finance rules and  more are the fonts of this problem  second

victimless crimes are another  source in session 9 will turn to the war  on drugs suffice

it to say here that  we'd have more time and resources to  address real crime if

we didn't  criminalize merely disapprove being  in summary a free society needs


tort law  to help deter acts that injure others  and ensure that those injures are

made  whole again  second intentional torts lead to  criminal law and the need for

victim  compensation and punishment but third  over criminalization 'he's undercut 

those worthy goals   

 

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