Interpreting Criminal Laws: Judicial Power And New Crimes

The criminal law system in the United States is a complex network of laws and practices that govern crimes and their consequences. It is important to note that there is no single criminal justice system in the US, but rather a multitude of unique systems that operate at the state and federal levels. These systems are founded on the principle that a crime against an individual is a crime against the state. While the federal government and states have their own penal codes, the interpretation and enforcement of criminal laws can vary across jurisdictions. This raises the question of whether courts can interpret criminal laws to add new crimes and how this interpretation process influences the criminal justice system as a whole.

Common law vs. federal crimes

In the United States, common law refers to law developed by judges through legal opinions, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch. A common-law crime is, therefore, an act that was originally defined as criminal by judges. Common law no longer applies to federal crimes due to the U.S. Supreme Court's decision in United States v. Hudson and Goodwin in 1812. However, it is still applied at the state level in Alabama, Connecticut, the District of Columbia, Florida, Idaho, Maryland, Michigan, Mississippi, New Mexico, North Carolina, North Dakota, Rhode Island, South Carolina, Virginia, and Washington.

Federal common law, on the other hand, is a term used to describe common law developed by federal courts instead of the courts of individual states. While federal courts once had the authority to make common law, this law was always subject to alteration by Congress. In the case of Erie Railroad v. Tompkins (1938), the Supreme Court held that federal courts exercising diversity jurisdiction had to use the same substantive laws as the courts of the states in which they were located. This means that federal courts hearing cases between parties from different U.S. states must apply the statutory law of the states, but not the common law developed by state courts.

Despite this, several areas of federal common law remain. These can be divided into two basic categories: areas where Congress has given the courts the power to develop substantive law, and areas where a federal rule of decision is necessary to protect uniquely federal interests. Congress often lays down broad mandates with vague standards, which are then interpreted by the courts. This gives rise to complex understandings of the original intent of Congress, informed by the courts' understanding of what is just and reasonable.

Federal crimes are those that fall under federal law, as opposed to state criminal law. Federal courts have jurisdiction over matters of federal concern, including federal law that pre-empts state law when an issue falls within the exclusive domain of the federal government. Federal criminal cases often involve violations of revenue laws, such as failure to pay excise taxes on liquor, as well as customs, land, and immigration laws. Drug crimes, which comprise a large percentage of federal cases, are subject to federal control as drugs are traded across state lines.

The process of federal criminal cases differs from that of state criminal cases. At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, and the grand jury reviews the evidence presented to decide whether it is sufficient to require a trial. In a criminal trial, the burden of proof is on the government, and the defendant must be found guilty "beyond a reasonable doubt". If the defendant pleads guilty, the judge may impose a sentence or schedule a later hearing to determine the sentence.

Criminal vs. civil cases

Criminal law and civil law differ in several ways. Criminal cases involve a crime victim and a defendant, while civil cases involve two private parties in a dispute. Only a lawyer for the government can file a case in criminal court, whereas in civil court, one person sues another person, and a business or agency can also file or be sued. In criminal cases, the government must prove the defendant's guilt "beyond a reasonable doubt," while in civil cases, the burden of proof is on the plaintiff, who must prove their case by a "preponderance of the evidence."

In criminal cases, the defendant enters a plea to the charges brought by the government's attorney at a court hearing called an arraignment. If the defendant pleads guilty, the judge may impose a sentence or schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge will schedule a trial. In most cases, the judge waits for a presentence report from the court's probation office before imposing a sentence. A sentence may include time in prison, a fine, or restitution to the victim.

In civil cases, if someone loses a case, they may be ordered to pay money or return property, but they do not go to jail. Civil cases can involve a range of issues, such as medical malpractice, car accidents, or worker's compensation. In these cases, the lawyer will usually only get paid if they win. Civil cases can also involve disputes over contracts, property, or other legal matters.

The process of criminal prosecution has evolved over time, with Congress adding and refining federal crimes. In the 1790s and early 1800s, most criminal prosecutions in federal courts concerned crimes specified by congressional statutes, such as the Crimes Act of 1790, which focused on enforcing federal authority in areas like commerce and foreign affairs. The Supreme Court has also played a role in shaping criminal law, ruling in 1812 that federal courts lacked jurisdiction over common-law crimes and non-statutory crimes under admiralty jurisdiction.

Criminal justice systems

The criminal law of the United States is a system of laws and practices that connects crimes and consequences. The purpose of criminal law is to prevent conduct that may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public of what constitutes a crime, and to distinguish minor from serious offences. Crimes can be divided into categories such as crimes against a person, crimes against property, sexual crimes, public morality, and crimes against the state.

The process of a criminal case typically involves the following steps:

• Investigation: Law enforcement investigates the criminal activity and gathers evidence.
• Arrest: The suspect is arrested and charged with a crime.
• Arraignment: The defendant appears in court and enters a plea (guilty or not guilty) to the charges brought by the prosecutor.
• Pretrial proceedings: This includes setting conditions for pretrial release, such as bail or bond, and any pretrial discovery proceedings.
• Trial: If the defendant pleads not guilty, a trial is held. The prosecutor presents evidence to convince the jury of the defendant's guilt beyond a reasonable doubt.
• Sentencing: If the defendant is found guilty, the judge imposes a sentence, which may include prison time, fines, or restitution to the victim.
• Appeals: The defendant has the right to appeal the conviction or sentence to a higher court.

The US criminal justice system has evolved from English common law, which is law developed by judges through legal opinions. Common law crimes are those originally defined by judges. However, common law no longer applies to federal crimes due to the Supreme Court's decision in United States v. Hudson and Goodwin in 1812. Today, federal criminal jurisdiction is based on statutes adopted through the legislative process or regulations issued by the executive branch.

Degrees of criminal offense

The degrees of criminal offenses vary across different states in the US. However, there are some commonalities. Criminal offenses are typically classified into infractions, misdemeanors, and felonies, with infractions being the least severe and felonies the most severe.

Infractions

Infractions are minor offenses that usually involve little to no jail time. They often involve fines and can include traffic offenses, jaywalking, and minor drug possession.

Misdemeanors

Misdemeanors are more serious than infractions and are typically punishable by fines, community service, probation, and/or jail time. They are usually non-violent crimes. In some states, misdemeanors are further classified into degrees, with first-degree misdemeanors being the most serious.

Felonies

Felonies are the most serious type of criminal offense. They often involve violent crimes and carry more severe penalties, including lengthy prison sentences and substantial fines. Felonies are also typically classified into degrees, with first-degree felonies being the most severe.

Murder

In some states, murder is considered separately from other felonies and is divided into degrees. First-degree murder, or intentional murder, carries the harshest sentences, including life imprisonment or the death penalty.

State-specific variations

The specific classifications and penalties for each degree of criminal offense can vary by state. For example, in New Jersey, there are six grades or classes of criminal offenses, ranging from first-degree crimes as the most serious to fourth-degree crimes as the least severe. In New York, the degrees of crimes help defendants understand the seriousness of their offenses, but they may not provide clear information about potential penalties.

Criminal liability

The criminal law system in the US is a complex series of procedures and decisions, with crimes against an individual being treated as crimes against the state. The purpose of criminal law is to prevent conduct that may cause harm to people or society, maintain public order, define criminal acts, inform the public about what constitutes a crime, and distinguish minor from serious offences. A crime has three parts: the act (actus reus), the intent, and the concurrence of the two. The actus reus is the voluntary action or omission that must be proven for an accused to be convicted of an offence. The actus reus varies from offence to offence, but every offence in the Criminal Code has one.

To determine criminal liability, the court must establish causation, which means that the defendant's conduct was a substantial factor in causing the prohibited result. The "but-for" test is used to determine if the prohibited result would not have occurred without the defendant's conduct. An exception to this test is when multiple wrongdoers are involved, and an "overdetermination" of harm occurs. An act that hastens or accelerates a harmful consequence can also create criminal liability.

The severity of a criminal act is often specified by degree, with first-degree crimes being more serious than those in the second or third degree. The parties to a crime can be principals or accessories. A principal is directly involved in the crime, and there are two types: the person who commits the crime (first-degree principal) and an accomplice who aids or encourages them (second-degree principal). Accessories are not directly involved but help to conceal the crime or the perpetrator after the fact. Both principals are equally liable for the crime.

Criminal cases can be initiated by a grand jury indictment, which is often used in drug and conspiracy cases, or by a formal accusation submitted to the court by a prosecutor (information). After an indictment, law enforcement tries to arrest the suspects named. Defendants can choose to waive a grand jury indictment and accept service of an information instead. In most cases, defendants can be released on bail before their trial, with conditions set by the court.

The US Attorney (prosecutor) and the grand jury are the principal actors at the beginning of a federal criminal case. The grand jury reviews the evidence presented by the US Attorney and decides if it is sufficient to require a trial. The burden of proof is on the government, which must convince the jury of the defendant's guilt "beyond a reasonable doubt". More than 90% of defendants plead guilty to avoid a trial, and the judge imposes a sentence or schedules a hearing to determine the sentence.

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