Criminal Law

Criminal law is the body of law that relates to crime. It proscribes

conduct perceived as threatening, harmful, or otherwise
endangering to the property, health, safety, and moral welfare of
people inclusive of one's self. Most criminal law is established
by statute, which is to say that the laws are enacted by
a legislature. Criminal law includes
the punishment and rehabilitation of people who violate such
laws. Criminal law varies according to jurisdiction, and differs
from civil law, where emphasis is more on dispute resolution and
victim compensation than on punishment or rehabilitation.
Criminal procedure is a formalized official activity that
authenticates the fact of commission of a crime and authorizes
punitive or rehabilitative treatment of the offender.

Criminal law concerns the system of legal rules that define what
conduct is classified as a crime and how the government may
prosecute individuals that commit crimes. Federal, state, and local
governments all have penal codes that explain the specific crimes
that they prohibit and the punishments that criminals may face.
Individuals who violate federal, state, and local laws may face
fines, probation, or incarceration. Lawsuits against criminals are
initiated by prosecuting attorneys who act on behalf of the
government to enforce the law.

A crime is any act or omission of an act in violation of a law

forbidding or commanding it. Most crimes are defined by statute,
and they vary tremendously across different states and counties.
The Model Penal Code (MPC) provides a good overview of the
most common types of crimes, while the U.S. Code provides a list
of all federal crimes. For a list of crimes in your state or local
municipality, it is best to check your local penal code.

While specific criminal acts may vary by jurisdiction, they can be

broadly characterized as “felonies” and “misdemeanors.” Felonies
include more serious crimes, like murder or rape, and are usually
punishable by imprisonment of a year or more. Misdemeanors are
less serious offenses and are punishable by less than a year of
imprisonment or fines.

Prosecution of Crimes

Unless a crime is a strict liability crime (meaning that no particular

mental state is required), statutes typically break crimes down into
two elements: an act (the “actus reus”) and a mental state (“mens
rea”), such as knowingly or recklessly. In order to be convicted of
a crime, a prosecutor must show that the defendant has met both
of these elements. For example, larceny is the taking of the
property of another with the intent to deprive them of it
permanently. Thus, the defendant must have committed the act of
taking the property and have done so with the mental intention to
take the property of another (as opposed to believing that the
property belonged to him).

It is not enough for a prosecutor to suggest that the defendant

committed a crime. Rather, the prosecutor is required to prove
each and every element of a crime “beyond a reasonable doubt”
in order for a defendant to be convicted. Police officers,
prosecutors, and other government officials must also follow
certain procedures in pursuing criminal activity. This is because
all citizens have certain constitutional rights that the government
must respect and protect. If these rights are not respected, it may
prevent a prosecutor from obtaining a conviction in a case. The
United States Constitution sets forth these rights and the
protections that are afforded to defendants. For instance, if a
citizen is arrested for a suspected burglary, police officers may
wish to question the individual in connection with the crime.
However, the Fifth and Sixth Amendments of the Constitution
protect citizens from unlawful questioning and interrogation by
police officers, and cases such as Miranda v. Arizona, 384 U.S.
436 (1966), set forth the particular warnings,
called Miranda rights, that police officers must provide before
questioning can occur. Similarly, the Eighth Amendment of the
Constitution protects criminal defendants from receiving
punishment that is unusually cruel or excessive. Violation of any
of these constitutional rightscan lead to the exclusion of
evidence from a criminal trial, which in some cases may
extinguish or weaken the prosecution’s case against the
defendant.