Overview

• Criminal law pertains to serious violations of the Legal Principle. Ultimately, the accused's mental state determines whether it’s a criminal or civil case—if there is a deliberate intent to harm, it is generally a criminal matter.
• Criminal violations generally entail more severe consequences, including punishments such as incarceration.
  • In civil cases, there is no punishment but merely restitution, which can take the form of things like monetary payments for damages incurred. Because criminal cases may result in punishment, the evidence required to convict someone must be more robust than for a civil case.
• We must use substantial procedural protections to avoid erroneous conclusions about the accused’s guilt.
  • ‘It is better for ten guilty to go free than one innocent be wrongfully convicted.’
  • A free society requires that when a person is accused of aggressing, that person is entitled to due process and a fair trial. This includes both a presumption of innocence and proof beyond a reasonable doubt, as well as many other procedural protections.