Gavin Howe
Criminal law is a system of laws concerned with crimes and the punishment of individuals who commit crimes. The power to create criminal laws belongs almost exclusively to the states, with the US Constitution designating states as the primary regulatory authority. Federalism, as set forth in the US Constitution, divides governmental power between the federal government and each of the states, with the Tenth Amendment vesting in states the police power to provide for the health, safety, and welfare of state citizens. Federal criminal laws target conduct that occurs on federal property or involves federal employees, currency, coin, treason, national security, rights secured by the Constitution, or commerce that crosses state lines. While the US criminal law system has its origins in the traditional English common law of crimes, it has been adapted to American conditions, with each state having its own criminal code.
| Characteristics | Values |
|---|---|
| Country | United States |
| Legal System | Federalism |
| Basis of Criminal Law | Common law |
| Criminal Law Codification | Title 18 of the U.S. Code |
| Criminal Law Creation | States and Federal Government |
| Federal Criminal Law Focus | Federal property, employees, currency, treason, national security, constitutional rights, cross-state commerce |
| State Criminal Law Focus | Local issues, health, safety, welfare |
| Constitutional Amendments | First, Second, Fourth, Fifth, Sixth, Eighth, Fourteenth, Tenth |
| Constitutional Powers | Regulation of currency, war declaration, raising armies, etc. |
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What You'll Learn
Federal criminal law
Congress has the power to create federal criminal law, and in doing so, it establishes the elements of a crime, including the act or conduct (actus reus), the individual's mental state (mens rea), and the causation between the act and its effect. Federal criminal law is distinct from civil law, which deals with disputes between individuals or organisations rather than crimes against society as a whole.
The federal government has also established specific procedures for criminal proceedings in the Federal Rules of Criminal Procedure. These rules outline the steps that must be taken during a criminal investigation and prosecution, ensuring fair and consistent treatment of suspects and defendants.
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State criminal law
The criminal law of the United States derives from the traditional English common law of crimes. However, each state varies in the way the laws are written, the behaviour they regulate, and the punishments that are dealt out. For example, the majority of U.S. states have repealed the common law of crimes through legislation, meaning that no person may be tried for any offence that is not specified in the statutory law of the state.
The federal government has codified federal criminal law and criminal procedure in Title 18 of the U.S. Code. This includes various conduct designated 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 for convicted individuals.
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Common law
In the United States, common law is recognised as the authority of judges to convict for conduct that is not criminalised by statute. However, 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. At the state level, some states have abolished common law crimes, while others have chosen to continue to recognise them. For example, in Michigan, while the penalties for murder are laid out in statute, the actual elements of murder are entirely set out in case law.
In Canada, the consolidation of criminal law in the Criminal Code enacted in 1953 abolished all common law offences except contempt of court. Similarly, in England and Wales, the Law Commission's programme of codification of criminal law aimed to abolish all remaining common law offences and replace them with offences precisely defined by statute. However, this process has not been completed, and some common law offences still exist.
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The insanity defence
The concept of the insanity defence has existed since ancient Greece and Rome. In the Roman and Greek eras, insanity was used as a way to help provide a defence for those with mental disorders. In modern times, the insanity defence refers to a defence that a defendant can plead in a criminal trial. The defendant admits the action but asserts a lack of culpability based on mental illness. This is classified as an affirmative defence, rather than a partial defence. The insanity defence is also known as the "reason of insanity" defence, which is a full defence to a crime – the equivalent of pleading "not guilty".
In the United States, the ALI rule is used to determine the validity of an insanity defence. The American Law Institute, a panel of legal experts, developed a new rule for insanity as part of the Model Penal Code in 1972. This rule, found in §4.01 of the Code, states that a defendant is not responsible for criminal conduct if, as a result of mental disease or defect, they did not possess a "substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." The second component of §4.01 comprises a volition-based analysis, reflecting the theoretical foundation supporting the "Irresistible Impulse" test. This test dictates that criminal liability is unjustified where a defendant could not "conform his conduct to the requirements of the law."
In the United Kingdom, the M'Naghten rule forms the basis of the law governing legal responsibility in cases of insanity. Under this rule, a defendant should not be held responsible for their actions only if, as a result of their mental disease or defect, they did not know that their act would be wrong, or did not understand the nature and quality of their actions. This rule has been interpreted and modernised through more recent cases, such as People v. Serravo.
In Canada, the Parliament of Canada created a new legislative scheme to replace the old insanity defence with the current mental disorder defence. Once a person is found not criminally responsible, they will have a hearing by a Review Board, composed of at least three members, including a judge or someone eligible to be a judge, a psychiatrist, and another expert in a relevant field.
In Australia, the defence of mental impairment was introduced in Victoria in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, which replaced the common law defence of insanity. The accused must have been suffering from a mental impairment that affected them so that they either did not understand the nature and quality of their conduct or did not know that it was wrong.
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The purpose of criminal law
Criminal law is a system of laws concerned with crimes and the punishment of individuals who commit crimes. It is distinct from civil law, which focuses on dispute resolution and victim compensation rather than punishment or rehabilitation. Criminal law is designed to define and penalize dangerous actions, playing a crucial role in safeguarding society and upholding justice. It sets boundaries on acceptable conduct, establishing the standards of behaviour expected of citizens and the punishments for failing to meet those norms.
In addition to deterrence and incapacitation, criminal law also focuses on the rehabilitation of offenders. The goal of rehabilitation is to return a former criminal to productive society, making them see the error of their ways and deterring them from committing further offences. This is reflected in the German criminal code of 1998, which emphasizes the importance of considering the effects of punishment on the perpetrator's future life in society.
Another purpose of criminal law is the restoration or victim-oriented theory of punishment. The state aims to repair any injury inflicted upon the victim by the offender, such as requiring an embezzler to repay the amount improperly acquired. Restoration is closely related to concepts in civil law, focusing on returning the victim to their original position before the injury.
Overall, criminal law serves to protect constitutional rights, pursue justice, and maintain order and security in society. It adapts to societal changes and technological advancements, reflecting the dynamic nature of a democratic society.
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Frequently asked questions
The US Constitution divides governmental power between the federal government and each of the states. Congress has the power to create federal criminal law, which is codified in Title 18 of the US Code. Each state has its own criminal code, and state legislatures have the power to create state criminal laws.
Federal criminal laws target conduct that occurs on federal property or conduct involving federal employees, currency, coin, treason, national security, rights secured by the Constitution, or commerce that crosses state lines.
Examples of federal criminal laws include prohibitions on arson, the use of chemical weapons, counterfeiting, forgery, embezzlement, espionage, genocide, and kidnapping.
State criminal laws regulate issues of a local character or concern, such as water ownership and use. State laws also provide for the health, safety, and welfare of state citizens.
Yes, often federal crimes are also state crimes, and an individual can be prosecuted and punished by both the state and federal government without violating the principle of double jeopardy.
