Criminal Law -- Federal
Federal criminal law in the United States has evolved from 18th century English common criminal law. It should be noted, however, that English criminal law was not officially codified until the latter part of the 19th century. Until that time, there was little differentiation between criminal law and civil law. This situation saw people jailed in debtor’s prisons or exiled to far-off lands like Australia for the “crime” of stealing a loaf of bread, for example. Today, civil law mainly concerns the rights and obligations of private individuals, while criminal law is concerned with the behavior (or lack thereof) of both individual persons and organized groups in their community or in society at large. This misbehavior, which may be considered to be a form of criminal offense, can be legally punished according to the statutes of codified criminal law.Administering Federal Criminal Law
The administration of criminal justice takes several forms, as follows:
- Punishment -- The degree of punishment depends upon the severity of the crime and its surrounding circumstances; there is an overriding need to separate the human desire for revenge from the dispassionate application of justice.
- Incapacitation -- This may take the form of forcing an offender to wear an electronic tracking bracelet, installing a device in his or her vehicle that turns off the engine if alcohol vapors are detected, or by sentencing the offender to serve time in prison.
- Deterrence -- It is supposed that by considering the punishment that may be expected for committing a crime, a potential offender will re-consider committing that crime. The death penalty is considered by many to be a form of deterrence, but other points of view state that so-called “crimes of passion” and other non-premeditated crimes are committed without regard for the possible consequences, thus making the deterrence factor meaningless.
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Federal Criminal Law Cases
Federal criminal law cases are typically administered by federal judges. In the case of felony crimes, the case would be referred to a federal grand jury. It is up to the grand jury to indict the defendant and charge them with criminal conduct. Criminal law in the United States can be somewhat complex compared to that in other countries. This is due to the historical balancing act between the responsibilities of the federal government and those of the individual states, which has evolved over time since the inception of the nation.
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