Criminal Law

Criminal law is a body of law that pertains to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment or rehabilitation.

History of Criminal Law

Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes. The origins of criminal law can be traced back to the Code of Hammurabi, written around 1754 BC. The development of modern criminal law has been significantly influenced by the Roman law, and the common law system that was developed in England during the Middle Ages.

Principles of Criminal Law

The primary principles of criminal law include:

• Legality: There must be a law that defines the conduct as criminal.
• Actus reus: The act of committing a crime.
• Mens rea: The intention or knowledge of wrongdoing.
• Punishment: There must be a provision for punishment.

Types of Crimes

Crimes are typically categorized as felonies, misdemeanors, and infractions, depending on their nature and the maximum imposable punishment. Each state in the U.S. may define crimes slightly differently, though many definitions are similar from one state to the next.

Criminal Procedure

Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. Key stages in criminal procedure include:

• Arrest: The apprehension of a person by legal authority.
• Charging: A formal accusation made by a governmental authority asserting that somebody has committed a crime.
• Trial: A full examination of the issues of fact and relevant law in the case.
• Sentencing: The imposition of an appropriate penalty on those who are found guilty.

Role of the Criminal Lawyer

Criminal lawyers represent defendants facing criminal charges in state, federal, and appellate courts. Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals, and post-conviction remedies. As part of their job, they must deal with issues of privacy, search, and seizure.

International Criminal Law

International criminal law deals with international crimes such as genocide, war crimes, and crimes against humanity. Key institutions involved in international criminal law include the International Criminal Court (ICC) and the International Criminal Tribunal for the former Yugoslavia (ICTY).

See Also

• Penal law
• Criminal justice
• Legal punishment