Cecily Zamora
Criminal law is a system of laws that define crimes, set procedures for arrests and searches, and specify punishments. In the US, criminal law is primarily made up of two types of law: common law and statutory law. Common law, also known as case law, is uncodified and based on precedent, meaning it relies on past judicial rulings rather than written statutes. Statutory law, on the other hand, is codified and written down, formally passed by a legislative body. While both types of law are essential to the US legal system, they have different origins and applications. Understanding the distinction between common and statutory law is crucial for comprehending an individual's legal rights and the functioning of the legal system as a whole.
| Characteristics | Values |
|---|---|
| Nature | Common law is uncodified and based on precedent. Statutory law is codified and written down. |
| Origin | Common law is based on judicial rulings from previous cases. Statutory law is passed by a legislative body. |
| Applicability | Common law is more flexible and open to interpretation. Statutory law is more rigid and applied as written. |
| Hierarchy | Statutory law is inferior to constitutional law and cannot supersede it. |
| Modification | Statutory law can be modified or updated by later legislatures. |
| Criminal Law Basis | Common law crimes are defined by judges. Statutory law defines crimes and sets procedures for criminal matters. |
| Burden of Proof | In criminal cases, guilt must be established beyond a reasonable doubt. |
| Nature of Crime | A crime involves an act or conduct, the individual's mental state, and the causation between the act and effect. |
| Crime Categories | Crimes can be felonies, misdemeanors, inchoate offenses, or strict liability offenses. |
| Crime Definition | Each state decides what conduct to criminalize and has its own criminal code. |
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What You'll Learn
Common law vs statutory law
There are two main types of law within legal systems: common law and statutory law. Both set standards of acceptable behaviour and justice for citizens and the government. While they are both essential to how the legal system functions, they differ in origin and application. Understanding the difference between the two can help people better understand their rights.
Common law, also known as "case law", is uncodified and not written out in statutes or books. It is based on precedent, relying on judicial rulings from previous cases. These historical rulings from federal, state, or local courts set the precedent for future legal decisions. For instance, in the United States, common-law marriage recognises couples who meet certain criteria as legally married even without a formal ceremony or licence.
Statutory law, on the other hand, is codified and written down. It is formally passed by a legislative body at the local, state, or federal level. Also known as "civil law", it is much more rigid in its application. Judges apply statutory law as written, without relying on past cases to interpret it. However, statutory law is still subject to change and can be overturned, modified, or updated by later legislatures, especially if they are found to be unconstitutional. Some statutes are even written with an expiration date and must be renewed if still deemed necessary.
In criminal cases, understanding both types of law is vital. For example, if the statute seems clear but previous cases have interpreted it differently, those rulings could affect sentencing, defences, or even whether the charges hold up in court. Whether a case is governed more by statutory or common law often depends on the nature of the crime and the defence attorney's ability to apply both types of law strategically.
Criminal law refers to any law that prohibits a particular action or omission. Each state decides what conduct to designate as a crime and has its own criminal code. Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Code. Criminal laws vary significantly among the states and the federal government. While some statutes resemble the common-law criminal code, others closely mimic the Model Penal Code (MPC).
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Common law origins
Common law, also known as "case law", is uncodified and is not written in statutes or books. It is based on precedent, relying on past judicial rulings to set standards for future legal decisions. In the US context, common law was historically defined by judges through legal opinions, rather than through the legislative process.
Common law crimes are those originally defined by judges. For example, at common law, there were nine major felonies: Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, and.
Common law is no longer applied to federal crimes in the US due to the Supreme Court's decision in United States v. Hudson and Goodwin in 1812. However, some states continue to expressly retain a role for common law crimes, including Alabama, Connecticut, the District of Columbia, Florida, Idaho, Maryland, Michigan, Mississippi, New Mexico, North Carolina, North Dakota, Rhode Island, and South Carolina.
Over time, US state legislatures have adopted or modified common-law definitions of crimes by codifying them into statutes or codes. This process highlights the priority of statutory law over common law. For example, Congress has codified federal criminal law in Title 18 of the US Code, which includes crimes such as arson, use of chemical weapons, counterfeiting, forgery, embezzlement, espionage, genocide, and kidnapping.
In summary, while common law origins are based on judicial precedent and legal opinions, the evolution of criminal law in the US has led to a shift towards statutory definitions of crimes, with states and the federal government enacting written laws to define and punish criminal conduct.
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Statutory law's precedence
Statutory law, also known as civil law, is codified, meaning it is written down and formally passed by a legislative body at the local, state, or federal level. It is one of the two main types of law within a legal system, the other being common law. Statutory law is much more rigid in its application, with judges applying the law as written, without relying on past cases to interpret it.
Statutory laws are passed by Congress and represent one of the primary sources of law in the United States. This legislative power was established in the Constitution, which granted Congress the power to pass laws or statutes on any subject not prohibited in that document.
Congress has chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Code. Title 18 designates various conduct as federal crimes, such as arson, use of chemical weapons, counterfeit and forgery, embezzlement, espionage, genocide, and kidnapping. These statutes usually prescribe a maximum sentence appropriate for a convicted individual.
While statutory law is written into law, it is still subject to change. Later legislatures can overturn, modify, or update statutes, especially if they are found to be unconstitutional. Some statutes are even written with an expiration date and must be renewed if still deemed necessary.
In the United States, stare decisis, a doctrine that promotes consistency and predictability, interacts in counterintuitive ways with the federal and state court systems. On an issue of federal law, a state court is bound by an interpretation of federal law at the district or circuit level, but it is not bound by an interpretation by the United States Supreme Court. On an interpretation of state law, whether common law or statutory law, federal courts are bound by the interpretation of a state court of last resort and are required to defer to the precedent of intermediate state courts as well.
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Criminal law and intent
Criminal law is a complex area of the legal system, encompassing both common law and statutory law. While common law is uncodified and based on precedent, statutory law is written down and formally passed by a legislative body. Both play a crucial role in setting standards of acceptable behaviour and justice.
When discussing criminal law and intent, it is essential to understand the concept of "mens rea", which refers to the mental state of the individual at the time of the act. This is one of the three key elements that constitute a crime, alongside the act or conduct (actus reus) and the causation between the act and its effect. The government must establish each element beyond a reasonable doubt during a criminal prosecution.
The concept of mens rea recognises that an individual's mental state can impact their culpability for a crime. For example, an insane person cannot form the requisite mental state and thus cannot be found guilty. Similarly, involuntary intoxication can be a defence to any crime, while voluntary intoxication can be a defence to crimes requiring a specific mental state.
In some cases, the specific mental state required for a crime may not be prescribed in a statute. In such instances, courts will infer the mens rea necessary to distinguish between wrongful and innocent conduct. This interpretation of legislative intent allows for flexibility in applying the law to various scenarios.
Criminal intent is a crucial aspect of criminal law, and understanding it helps investigators and prosecutors determine culpability and build their cases. It is often a central focus of criminal investigations and prosecutions, with detectives employing their skills and intellect to uncover the perpetrator's motives and intent.
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Criminal law and punishment
Criminal law prohibits and punishes wrongful conduct. It is made up of laws passed by Congress and state legislatures, as well as ordinances passed by city councils. Each state has its own criminal code, and Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Code. Criminal laws vary significantly among the states and the federal government, with some statutes resembling common law criminal codes and others, like the New York Penal Law, closely mimicking the Model Penal Code (MPC).
Common law, also known as case law, is uncodified and based on precedent. It is 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 a crime that was originally defined 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 (1812). However, some states still expressly retain a role for common law crimes.
Statutory law, on the other hand, is codified and written down, formally passed by a legislative body at the local, state, or federal level. It is also called civil law and is more rigid in its application. Judges apply the law as written, without relying on past cases to interpret it. While statutory law is subject to change and can be overturned, modified, or updated by later legislatures, it takes priority over common law.
In criminal law, an overarching concept is that people may not be punished for committing merely immoral or unethical acts. They can only be punished for acts declared beforehand as a crime. The prosecution must prove each element of the alleged crime beyond a reasonable doubt for conviction, and a crime must be proven to have occurred before a person can be convicted. This is known as the corpus delicti principle.
Criminal punishment can include fines, imprisonment, or both. Crimes can be felonies, serious or "inherently evil" crimes punishable by imprisonment, or misdemeanours, which are prohibited by society but not considered "inherently evil". Specific intent crimes require the doing of an act coupled with a specific intent or objective, while general intent refers to an awareness of factors constituting the crime, including attendant circumstances. Strict liability crimes do not require that mens rea be found.
Defences in criminal cases include duress, intoxication, and insanity. An accomplice may be convicted while the alleged perpetrator is acquitted, and an accessory after the fact is a person who helps to conceal a crime or the perpetrator after the crime has been committed.
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Frequently asked questions
Common law, also known as case law, is uncodified and is not written out in statutes or books. It is based on precedent, which means it depends on judicial rulings from previous cases.
Statutory law is codified and is written down and formally passed by a legislative body at the local, state, or federal level. It is also known as civil law and is more rigid in its application.
Common law no longer applies to federal crimes in the US due to the US Supreme Court's decision in United States v. Hudson and Goodwin in 1812. However, some states still expressly retain a role for common law crimes, including Alabama, Connecticut, and Florida.
Most criminal law comes from laws passed by Congress and state legislatures. Each state has a statutory criminal code, as does the federal government. Laws defining crimes such as homicide, rape, robbery, burglary, and larceny are generally statutory.
Yes, statutory law can supersede common law. US state legislatures have the ability to modify or change common-law definitions of crimes by putting them in the form of codes or statutes. This points to the priority of statutory law over common law.
