Criminal Law in America

• Criminal law in America is a mixture of three elements

Changing Definitions of Criminal Acts

• Concerns acts deemed outside appropriate social conduct
• Requiring sanctions by the state

Policing Criminal Behavior

• Aims to preserve social order and stability
• Involves private and governmental institutions
• These institutions maintain peace by enforcing conduct codes
• They segregate criminals from society

Legal Procedures

• Designed to protect individuals
• Protect from unmerited criminalization or incarceration by state officials
• The federal government became more involved in enforcing criminal law in the early 20th century

Shift in Attitude

• There was a shift in attitude toward the causes and treatment of criminals
• Rehabilitative theories of punishment gained dominance
• Social sciences suggested societal causes for criminal activity

Branches of Criminal Law

• Criminal law branch deals with crimes and punishments
• Substantive criminal law defines crimes and establishes penalties
• Procedural criminal law regulates enforcement, guilt determination, and punishment

Felonies vs. Misdemeanors

• Felonies are serious crimes punishable by incarceration of one year or more
• Misdemeanors are less serious offenses punishable by shorter confinement

Mala in Se

• Most felonies are considered mala in se, or evils in themselves
• Examples include murder, rape, robbery, theft, kidnapping, and arson
• These are universally condemned by civilized societies

Crime as Offense

• Crime is regarded as an offense against the entire society, not just individual victims
• There may not be an individual victim for there to be a crime
• For example, possessing cocaine is a felony

Government's Role

• Government brings charges against accused persons as society's legal representative
• National and state governments enact criminal laws

Federal System

• The US has a federal system, dividing power between national and state governments
• The national government is limited to laws corresponding to enumerated powers

Prosecution in Criminal Cases

• Principal parties are the prosecution (government) and the defendant (accused person)
• Crime victims have a limited role, mainly as witnesses after filing a complaint

Criminal Responsibility

• The legal system rests on individuals being responsible and accountable for actions
• This justifies punishments for convicted persons
• Society recognizes that certain individuals may lack the capacity to appreciate wrongfulness
• Could be due to age or factors beyond their control, exempting them from responsibility

Origin of American Criminal Law

• It came from English common law as it existed in 1776 when America declared independence
• New states enacted statutes not conflicting with state and federal constitutions

Post-Revolution Criminal Law

• English common law formed the basis of criminal law
• Eventually, most common law definitions were replaced by statutes from state legislatures
• State legislatures are now the main actors in defining crimes and punishments

Evolution of Criminal Laws

• Old common law crime definitions have been modified
• This accounts for social and economic changes
• Modern statutes often go beyond common law
• Offenses are prohibited and Congress defines federal crimes