American Criminal Law: An Overview

• American criminal law combines changing definitions of criminal acts, policing to preserve social order, and legal procedures to protect individuals from unwarranted criminalization or incarceration.
• During the early 20th century, the federal government increased its involvement in criminal law enforcement due to new perspectives on crime causes and offender treatment.
• Criminal law deals with crimes and punishments, comprising of substantive law that defines crimes/penalties and procedural law that regulates enforcement, guilt determination, and punishment.
• Substantive criminal law will be examined.

Crime and Evolving Social Consensus

• Felonies are serious crimes punishable by incarceration of one year or more.
• Misdemeanors are less serious offenses with shorter confinement.
• Felonies like murder, rape, robbery, theft, kidnapping, and arson are considered inherently evil and universally condemned.

Crime: An Offense Against Society

• The legal system considers crimes offenses against society, not just individual victims.
• Crimes like cocaine possession can exist without a specific victim.
• Government, as society's legal representative, brings charges against accused individuals.
• The U.S. operates under a federal system with power divided between national and state governments.
• Both national and state governments enact criminal laws, but the national government can only pass laws corresponding to powers in Article 1 Section 8.
• Both levels of government can prosecute those accused of crimes.

The Role of The Crime Victim

• The main parties in a criminal case are the prosecution (government) and the defendant (accused).
• Crime victims have a limited role, primarily acting as witnesses once prosecution begins after filing a complaint.
• Victims often feel the system is insensitive and states are addressing these concerns.

Criminal Responsibility

• Criminal law is based on the principle that individuals are responsible and accountable for their actions.
• This is the rationale for punishing convicted criminals.
• Society understands that some individuals (e.g., young children) may lack the capacity to understand the wrongfulness of their actions.
• Factors beyond an individual's control may lead to criminal acts, exempting them from responsibility.
• Certain situations may justify acts that would otherwise be crimes.

The Origin and Sources of Criminal Law

• American criminal laws originated from English common law around 1776.
• After independence, new states enacted statutes that didn't conflict with state and federal constitutions.
• During the American Revolution, English common law formed the basis of U.S. criminal law.
• Common law definitions were eventually replaced by state legislature statutes.
• State legislatures are now the main definers of crimes and punishments.
• Common law crime definitions have been changed to reflect social and economic shifts.
• Modern criminal statutes go beyond common law, with Congress defining federal crimes.