You find yourself in the back seat of a police car. You have been arrested for a crime. Thanks to criminal law, you are now a part of the American justice system. Hopefully, you don't actually find yourself in a situation like that, but read on further to learn some of the basics of criminal law, which may or may not help you should you find yourself in a similar predicament!
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Sign up for freeWhat kind of Burden of Proof does Criminal Law have to show?
What are the two main classifcation of crimes?
Which of the following are examples of crimes against morality?
Which of the following refers to crimes that are inherently immoral?
Which of the following in latin means guilty act?
True or False. There has to be a concurrence of Actus Reus and Mens Rea to convict someone of a crime.
What Amendments are defendants rights in?
True or False. Capital Felonies are subject to the death penalty
What kind of Burden of Proof does Criminal Law have to show?
What are the two main classifcation of crimes?
Which of the following are examples of crimes against morality?
Which of the following refers to crimes that are inherently immoral?
Which of the following in latin means guilty act?
True or False. There has to be a concurrence of Actus Reus and Mens Rea to convict someone of a crime.
What Amendments are defendants rights in?
True or False. Capital Felonies are subject to the death penalty
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Figure 1. Crime Scene Ribbon and Police Lights, Pixabay
Criminal law refers to the branch of law consisting of any acts or behaviors seen as offensive to the public, government, or state in violation of criminal statutes.
To better understand the definition of criminal law, it might be helpful to learn the fundamental differences between criminal and civil laws.
Civil Law
Civil law is the branch of law consisting of non-criminal acts and legal actions between private individuals or corporations.
| Criminal Law | Civil Law | |
| Illegal activity is called | Crime | Tort |
| Initiated by | State or Federal Government | Private Parties; Corporations |
| Burden of proof | Beyond a reasonable doubt | Preponderance of evidence |
| Penalties | Incarceration; probation; fines | Fines; never incarceration. |
Tort
Tort refers to an injury to a person or property, including assault and battery, and may include emotional harm as well as physical harm.
Person Handcuffed, No copyright restrictions (Pixabay)
There are generally two crime classifications in criminal law common at the state and federal levels.
Felonies
This is the most severe type of crime
Felonies are split into violent and non-violent categories
Punishment amounts to more than one year in prison
Examples:
Violent Crimes
Manslaughter, murder, aggravated assault
Drug Crimes
Sale/manufacturing/distribution of drugs
Property Crimes
Arson, auto theft, larceny
Kidnapping
Misdemeanors
Punished by less than one year in prison
Minor offense
Examples:
Petty theft
Drug possession
Prostitution
Vandalism
Trespassing
Capital Felonies are types of felonies that are subject to the death penalty.
Thief escaping through a window, Pixaby
Most crimes can be placed into specific categories. There are six main criminal offense categories.
Crimes Against Persons
Examples: Assault, kidnapping, murder
Crimes Against Property
Examples: Shoplifting, theft, arson
Crimes Against Morality (Victimless Crimes)
Examples: Prostitution, illegal gambling, indecent exposure
Statutory Crimes
Examples: DUI (Driving Under the Influence [of alcohol], reckless driving, hit and run, public intoxication
Financial/White Collar Crimes
Examples: Forgery, insider trading, identity theft
Inchoate Crimes
Examples: Conspiracy and attempt to commit a crime.
There are two moral classifications of crimes. These are Mala Prohibita and Mala in Se.
Mala prohibita crimes are defined as inherently immoral. These are crimes that should not be done because they are morally wrong. Some examples of mala prohibita are murder, rape, kidnapping
Mala in Se are those crimes that are only considered crimes because they are prohibited by statutes. Some examples of Mala In Se are traffic tickets, tax evasion, and theft.
At this point, you may wonder, who defines laws? In the United States, legislatures are the ones that define crimes and punishments. The federal government has codified federal crimes in Title 18 of the US Code. Some federal criminal offenses include arson, counterfeiting, embezzlement, espionage, kidnapping, and genocide.
Codification
Codification is the process of forming a legal code.
US Code
US Code is consolidation and codification by subject matter of the general and permanent laws of the United States.1
Each state also has its own criminal code. Therefore, criminal offenses and punishments differ from state to state and even from state to federal. Many states use the Model Penal Code's guidelines and regulations to set up their own state codes.
Model Penal Code (MPC)
The American Law Institute created the MPC in 1962 to be used as a reference with the hope that multiple states would adopt similar provisions and have some commonality. Currently, 37 states have adopted some provisions from the MPC.
Figure 4. Lady Justice on Desk, Pixaby
For someone to be charged with a crime without reasonable doubt, two elements must be demonstrated: Actus Reus and Mens Rea.
Actus Reus is Latin for a guilty act. Actus Reus questions whether or not someone committed a crime. This can usually be proven through physical evidence, witness testimony, and forensics.
There are three elements to Actus Reus:
Voluntary act - doing an act willingly
Possession - having illegal items
Omission - not acting when required to do so, under law.
Mens Rea, on the other hand, is Latin for guilty mind. This one is more difficult of the two to prove because it involves figuring out what was inside the mind of the person in question, and lawyers must establish the person had motive and intent to commit a crime.
There are four elements to Mens Rea (in other words, levels of culpability)
Intent
Consciously wanting to commit an illegal act.
E.g. Kidnapping
Knowledge
Consciously wanting to commit an illegal act with a specific result in mind.
E.g. Assault or premeditated murder
Recklessness
Committing an action knowing the risks involved
E.g. DUI
Negligence
A person does not meet standard behavior.
E.g. Child getting injured under the babysitter's watch.
Strict Liability Offenses
These types of offenses are criminal offenses regardless of whether the person had a motive or not. Therefore, mens rea doesn't have to be evidenced in court. Some examples of strict liability offenses are statutory rape, traffic offenses, and the sale of alcohol to minors.
To charge a person with a crime, both Actus Reus and Mens Rea have to have occurred together. In other words, there has to be concurrence.
Suppose John was on his way to murder Jennifer but ran her over on the way to murder her. This would not be considered murder because John did not intend to murder Jennifer with his car, which was an accident.
Figure 5. Law Books and Gavel, Pixaby
Defendants have rights that are guaranteed to them through the US Constitution. They are stated within the Fifth Amendment and Sixth Amendment.
The Right to Remain Silent - to avoid being a witness to yourself.
The Right to Confront witnesses - ability to cross-examine witnesses
The Right to a Public Trial - allows family members and friends to be present in the courtroom.
The Right to a Jury Trial - promotes fairness
The Right to Speedy Trial - ensures timely sentencing
The Right of Representation - gives the defendant the ability to have a defense
Right of No Double Jeopardy - not being tried for the same crime twice.
People accused of crimes have the right to defend themselves from these allegations. Here are a few examples of some defenses people make under criminal law:
Defenses based on Mental State | Defenses based on Justification | Defenses based on Mistakes |
| Insanity | Self Defence | Mistake of law - Ignorance of laws |
| Intoxication | Defense of Property | Mistake of Fact - Ignorance of facts |
| Duress | Defense of Others | |
| Necessity |
Criminal law is the framework of the United States criminal justice system. Criminal law encompasses any actions that lead to arrest, trial, and/or incarceration.
Criminal law serves a vital role in maintaining order in society. It protects individuals and society from harmful acts of others by prohibiting specific actions. It punishes people who commit harmful acts, and those punishments help deter others from committing the same infraction. It does all this while attempting to impose fair justice. Without these simple things, chaos would reign in society.
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What is the difference between civil and criminal law?
Criminal law refers to crimes, while civil law refers to torts
What is criminal law?
Criminal Law is the branch of law consisting of any acts or behaviors seen as offensive to the public, government, or state in violation of criminal statutes.
What is the meaning of the criminal law?
Criminal law is the framework of the United States criminal justice system. Criminal law encompasses any actions that lead to arrest, trial and incarceration.
What is an example of criminal law?
An example of criminal law is being tried for Murder.
What are the characteristics of criminal law?
There are two types of categories crimes fall under Mala prohibita and Mala in Se.
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