Criminal Law
A crime is any act that is committed in violation of a law forbidding it. It can also be the omission of an act that the law requires. An example of a crime of omission is the failure of a parent to provide adequate care for a child. The acts that are considered crimes can be established by local, state or federal governments.Fundamentals of Criminal Law
In criminal law, the government has the right to prosecute a person for an act that is considered a crime. Criminal law is also known as penal law. One of the goals of criminal law is to deter a person from committing a crime for fear of punishment. However, if a crime is indeed committed, the state has the right to prosecute the criminal to the full extent of the law. Under criminal law, punishment for those found guilty of committing a crime can be incarceration, community service, a monetary fine, probation, or a combination of any or all.
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Categories of Criminal Law
Criminal law recognizes two categories of laws – felonies and misdemeanors. A felony is a serious crime for which the criminal may receive punishment of over one year or possibility the death sentence. Examples of felonies are murder, rape, arson, and burglary. A misdemeanor is a less serious offense. Those who commit misdemeanors generally receive less of a punishment that those who commit felonies. Generally, the incarceration time for a misdemeanor is less than one year. However, not everyone convicted of a misdemeanor is incarcerated. Punishment could instead be community service or probation. Depending upon the state, examples of some misdemeanors are petty theft, prostitution, and trespassing.
Prosecuting a Crime
A defendant is innocent until he is proven guilty. It is the responsibility of the state to prove that someone who has been accused of a crime is actually guilty. A prosecutor who has been assigned by the state must prove that all elements of a crime have been committed before a jury can render a guilty verdict.
Most crimes consist of two elements. The first element is called the act. The prosecutor must prove that the defendant committed the physical act, the crime. The second element is known as the mental state. The prosecutor must prove that the defendant intended to commit the crime. In addition, the prosecutor must prove to the jury that defendant did these things beyond a reasonable doubt.
If a jury finds a defendant guilty then the judge in the case is left to determine the punishment. This is known as sentencing. Defendants who are found guilty have the right to appeal the verdict to a higher court.
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