Criminal Law: Which Rules Apply?

Criminal law is the body of law that deals with crimes and the punishment of individuals who commit them. It defines conduct perceived as threatening or harmful to people or society. Criminal law is concerned with acts or omissions that violate a law prohibiting such action or inaction. Each state decides what conduct to designate as a crime and has its own criminal code, while 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 states and the federal government. Criminal cases are initiated by the government, usually through the U.S. Attorney's office, and the burden of proof is on the government to prove the defendant's guilt beyond a reasonable doubt.

Criminal vs Civil Law

Criminal law and civil law are two distinct entities with separate laws and punishments. Criminal law deals with crime and the legal punishment of criminal offences, whereas civil law deals with disputes between individuals or organisations, or between the two, where compensation is awarded to the victim.

Criminal law is concerned with conduct perceived as threatening, harmful, or otherwise endangering the property, health, safety, and welfare of people. It covers a system of laws enacted to punish or reform those who have committed a criminal act against a state, nation, or an individual. Criminal law varies by jurisdiction, with federal criminal law standing alone from each individual state's criminal law. Criminal cases are prosecuted by state officials, with charges for serious offences always brought by the state. The purpose of criminal law is to protect society from harm from criminal behaviour.

Civil law, on the other hand, is a blanket term for all non-criminal law, typically settling disputes related to money or property between private citizens. It deals with individual rights or interests that have been violated by another individual or organisation. Civil cases are brought by individuals or entities against one another, depending on the specifics of the lawsuit. Civil litigation usually involves some type of compensation for injuries or damages, as well as the disposition of property and other disputes.

The burden of proof is another key difference between criminal and civil law. In criminal law, the burden of proof lies with the prosecution, which must prove the defendant's guilt "beyond a reasonable doubt". In civil law, the burden of proof first lies with the plaintiff and then with the defendant to refute the evidence provided by the plaintiff. The standard of proof in civil law is "preponderance of evidence", meaning there is a greater than 51% chance that the plaintiff's claim is true.

Criminal Law and Punishment

Criminal law is a system of laws that deals with crimes and the punishment of individuals who commit them. It is concerned with conduct that is perceived as threatening, harmful, or endangering to people's property, health, safety, and welfare. Criminal law differs from civil law in that it involves the government deciding whether to punish an individual for an act or omission, rather than a dispute between two parties.

In the United States, criminal law can be established at the federal or state level. The federal government and each state have their own criminal codes, which define specific crimes and their corresponding punishments. These crimes can range from felonies, such as murder, robbery, and arson, to misdemeanors, such as theft and vandalism, and infractions, such as minor traffic violations. The specific penalties for each crime vary depending on the jurisdiction.

The criminal law process typically begins with a government entity, such as the U.S. Attorney's office or a law enforcement agency, initiating a case. During the trial, the burden of proof lies with the government, which must provide evidence to convince the jury of the defendant's guilt "beyond a reasonable doubt". This means that the evidence must be strong enough to leave no reasonable doubt about the defendant's guilt. If the defendant is found guilty, the judge determines the sentence, which may include incarceration, fines, probation, or, in the most serious cases, the death penalty.

Criminal law also encompasses the rehabilitation of individuals who violate these laws. The purpose of criminal law is to protect society from harm by deterring people from committing crimes, punishing those who do, and rehabilitating convicted offenders. The criminal justice system aims to balance punitive measures with rehabilitative efforts to address criminal behaviour and prevent recidivism.

Criminal Procedure

In the United States, criminal law deals with behaviour that is or can be construed as an offence against the public, society, or the state—even if the immediate victim is an individual. Examples include murder, assault, theft, and drunken driving.

The criminal procedure begins when allegations of criminal behaviour are brought to the attention of law enforcement, such as the local police or the FBI. The government, through the U.S. Attorney's office, initiates a criminal case in coordination with law enforcement. The U.S. Attorney, or prosecutor, represents the United States in court proceedings, including criminal prosecutions.

During the initial appearance, a judge advises the defendant of the charges, considers whether the defendant should be detained before trial, and determines if there is probable cause to believe that an offence has been committed and that the defendant committed it. Defendants who cannot afford an attorney are informed of their right to a court-appointed lawyer.

The defendant then enters a plea to the charges 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.

Before the trial, there are limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation. Attorneys may also file motions, requesting rulings by the court before the trial, such as suppressing evidence that could violate the defendant's constitutional rights.

At trial, the prosecutor must present evidence to convince the jury of the defendant's guilt beyond a reasonable doubt. The jury must be unanimous in their decision, and if they find the defendant guilty, the judge will determine the sentence. The sentence may include imprisonment, fines, or restitution to the crime victims.

Criminal Charges

Criminal law is a body of law that deals with crimes and the legal punishment of criminal offences. It is concerned with conduct that is perceived as threatening or harmful to people's property, health, safety, and welfare. Criminal law is distinct from civil law, which deals with disputes between individuals or organisations and the compensation awarded to victims.

Criminal law is established by statute, enacted by a legislature. In the United States, each state has its own criminal code, which defines specific crimes and their degrees, alongside federal criminal law. The specific penalties for each degree of crime vary from jurisdiction to jurisdiction.

Crimes are generally classified into four categories: felonies, misdemeanours, inchoate offences, and strict liability offences. Felonies are the most serious crimes, including murder, robbery, rape, and arson, and are punishable by imprisonment or, in some cases, death. Misdemeanours are less serious, including minor offences such as theft, vandalism, and disorderly conduct, and are punishable by imprisonment or fines. Infractions or citations are minor crimes punishable by fines.

The criminal process begins when allegations of criminal behaviour are brought to law enforcement agencies, such as the local police or FBI. The government, through the U.S. Attorney's office, initiates a criminal case in coordination with these agencies. The U.S. Attorney, or prosecutor, represents the United States in court proceedings and charges the defendant with a crime. The defendant is then arraigned, informed of the charges, and enters a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the case proceeds to trial, where the prosecutor must prove the defendant's guilt beyond a reasonable doubt.

During the trial, the prosecutor presents evidence to the jury, attempting to prove the defendant's guilt, while the defendant has the opportunity to present evidence in their defence. Juries in criminal cases typically consist of 6-12 people, and their verdict must be unanimous. If the defendant is found guilty, the judge determines the sentence, which may include imprisonment, fines, or restitution to crime victims.

Criminal Defences

Criminal law is the body of law that deals with crime and the legal punishment of criminal offences. It defines conduct perceived as threatening, harmful, or otherwise endangering the property, health, safety, and welfare of people. Criminal law varies according to jurisdiction, and while most criminal laws are established by statute, they differ from civil law, which focuses more on dispute resolution and victim compensation.

• Duress and Necessity: Duress can be a defence when a defendant states that they committed a crime due to a threat or coercion by another person. The defence of necessity applies when a crime had to be committed to save people from harm or prevent a more serious crime. For example, trespassing to prevent someone from drowning.
• Defence of Others and/or Property: This defence can be used when an individual commits a crime to protect others or their property.
• Automatism: This defence can be used when an individual committed a crime without full control over their mind or while unconscious. However, it requires proving a total loss of voluntary control, and intoxication or self-induced means may limit this defence.
• Mental Illness or Insanity: This defence concedes that the defendant committed the crime but seeks to mitigate the punishment by proving a lack of intent due to a mental disorder.
• Mistake: This defence can be used to disprove the intentional commission of a crime by proving that the accused's belief was honestly and genuinely mistaken.
• Self-Defence: This defence can be applied when a defendant is charged with using force against another person. It requires proving that the level of force used was reasonable and proportional to the threat.
• Lawful Capacity of Office: This defence protects public servants and first responders from responsibility for criminal actions performed within the scope of their duties.
• Impossibility Defence: This defence is used when an attempt to commit a crime failed because it was factually or legally impossible.
• Consent: Consent can be a full or partial defence, depending on whether permanent harm resulted.

Frequently asked questions