Tsvety LL.M.

Criminal Law vs. Civil Law: Key Differences Explained Criminal law and civil law are two of the most important branches of the legal system, but they serve different purposes. A person who steals a car may face criminal prosecution by the government, while the owner of the car may also Read more

Criminal Law and the Principle of Personal Culpability Criminal law is not ordinarily concerned merely with whether something harmful happened. It asks a more difficult question: Who, if anyone, should be held personally responsible for what happened? This question lies at the heart of criminal responsibility. A person may cause Read more

The Presumption of Innocence and the Burden of Proof in Criminal Cases Few principles are more important to criminal justice than the rule that a person accused of a crime is presumed innocent until proven guilty. This principle determines who must prove what in a criminal case. The basic rule Read more

Individual Criminal Responsibility Criminal law is fundamentally concerned with individual responsibility. A crime may occur in the presence of many people. Several people may participate in the same event. One person may plan it, another may provide the tools, another may carry it out, and another may help conceal what Read more

The Elements of a Crime Criminal law does not punish people simply because something bad happened. It does not punish every immoral act, every mistake, or every harmful consequence. Instead, criminal liability depends upon whether the defendant’s conduct satisfies the elements of a particular criminal offense. An element of a Read more

Criminal Liability: When Does Conduct Become a Crime? A person can do something harmful, immoral, or even deeply disturbing without necessarily committing a crime. That distinction is fundamental to criminal law. Criminal liability does not arise simply because something bad happened. The government must establish that the defendant’s conduct satisfies Read more

The Principle of Legality in Criminal Law The criminal law possesses an extraordinary power: it can authorize the government to investigate, prosecute, convict, and punish individuals, sometimes by depriving them of their liberty. Because that power is so serious, criminal law is subject to a foundational principle: No person should Read more

Sources of Criminal Law Criminal law does not exist simply because society considers certain conduct wrong. A person can be punished for a crime only when a recognized source of law gives the state legal authority to define the conduct as criminal and impose a lawful punishment. Understanding the sources Read more

The Purpose and Functions of Criminal Law Criminal law is one of the most powerful instruments available to a modern state. It defines conduct that society considers sufficiently harmful to prohibit, establishes when individuals may be held criminally responsible, and authorizes the state to impose penalties on those who violate Read more