Overview of Criminal Law

Study Notes

Criminal law, a branch of law concerned with crimes and the punishment of individuals who commit crimes, is a vital part of the legal system. It differs from civil law, where two parties dispute their rights, as criminal law involves the government deciding whether to punish an individual for an act or omission that violates a law. The elements of a crime include actus reus, mens rea, and causation, which the government must prove beyond a reasonable doubt.

Criminal laws vary significantly among states and the federal government. Each state decides what conduct to designate a crime, and Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Code. The federal government has also codified the specific procedures that must take place during a criminal proceeding.

Criminal law covers various types of offenses, including felonies, misdemeanors, inchoate offenses, and strict liability offenses. Felonies are the most serious crimes, often punishable by imprisonment in state prison or even death, while misdemeanors are less severe, punishable by imprisonment in county jail or a fine. Strict liability offenses do not require a mental element and are generally considered less serious than other crimes.

Sentencing guidelines, such as the Federal Sentencing Guidelines, are used to determine the appropriate punishment for convicted offenders. These guidelines consider various factors, including the severity of the crime, the offender's criminal history, and the harm caused.

Criminal law also addresses the liability of accomplices. The traditional classification of accomplices includes principals in the first degree, those who directly commit a crime; principals in the second degree, those who aided, counseled, or encouraged the perpetrator; and accessories before or after the fact, those who assisted in the planning or execution of the crime or helped the offender avoid detection.

In a criminal prosecution, the government has the burden of proof to establish every element of a crime beyond a reasonable doubt. Under the U.S. Supreme Court case Elonis v. United States, if a statute does not prescribe a specific mental state, a court will infer the "mens rea" necessary to separate wrongful from innocent conduct.

Criminal law is a crucial part of the legal system, serving to protect society from harm caused by criminal behavior. It deters people from committing crimes, punishes those who do, and rehabilitates offenders. The decision on whether to bring criminal charges is made by a prosecutor, who has the discretion to weigh various factors, including the strength of the evidence, the severity of the crime, the defendant's criminal history, and public interest.

Description

Explore the fundamental concepts of criminal law, including the elements of a crime, types of offenses, sentencing guidelines, and accomplice liability. Understand the differences between criminal law and civil law, and learn about the burden of proof required in a criminal prosecution.