Criminal Law

You find yourself in the back seat of a police car. You have been arrested for a crime. Thanks to criminal law, you are now a part of the American justice system. Hopefully, you don't actually find yourself in a situation like that, but read on further to learn some of the basics of criminal law, which may or may not help you should you find yourself in a similar predicament!

Figure 1. Crime Scene Ribbon and Police Lights, Pixabay

Criminal Law Definition

Criminal law refers to the branch of law consisting of any acts or behaviors seen as offensive to the public, government, or state in violation of criminal statutes.

Criminal Law vs. Civil Law

To better understand the definition of criminal law, it might be helpful to learn the fundamental differences between criminal and civil laws.

Person Handcuffed, No copyright restrictions (Pixabay)

Types of Criminal Law

There are generally two crime classifications in criminal law common at the state and federal levels.

Types of Crimes

There are two moral classifications of crimes. These are Mala Prohibita and Mala in Se.

Mala in Se

Mala prohibita crimes are defined as inherently immoral. These are crimes that should not be done because they are morally wrong. Some examples of mala prohibita are murder, rape, kidnapping

Mala Prohibita

Mala in Se are those crimes that are only considered crimes because they are prohibited by statutes. Some examples of Mala In Se are traffic tickets, tax evasion, and theft.

Introduction to Criminal Law

At this point, you may wonder, who defines laws? In the United States, legislatures are the ones that define crimes and punishments. The federal government has codified federal crimes in Title 18 of the US Code. Some federal criminal offenses include arson, counterfeiting, embezzlement, espionage, kidnapping, and genocide.

Each state also has its own criminal code. Therefore, criminal offenses and punishments differ from state to state and even from state to federal. Many states use the Model Penal Code's guidelines and regulations to set up their own state codes.

Figure 4. Lady Justice on Desk, Pixaby

Elements of Criminal Law

For someone to be charged with a crime without reasonable doubt, two elements must be demonstrated: Actus Reus and Mens Rea.

Actus Reus & Mens Rea

Actus Reus is Latin for a guilty act. Actus Reus questions whether or not someone committed a crime. This can usually be proven through physical evidence, witness testimony, and forensics.

There are three elements to Actus Reus:

1. Voluntary act - doing an act willingly

2. Possession - having illegal items

3. Omission - not acting when required to do so, under law.

Mens Rea, on the other hand, is Latin for guilty mind. This one is more difficult of the two to prove because it involves figuring out what was inside the mind of the person in question, and lawyers must establish the person had motive and intent to commit a crime.

There are four elements to Mens Rea (in other words, levels of culpability)

1. Intent

   • Consciously wanting to commit an illegal act.

   • E.g. Kidnapping

2. Knowledge

   • Consciously wanting to commit an illegal act with a specific result in mind.

   • E.g. Assault or premeditated murder

3. Recklessness

   1. Committing an action knowing the risks involved

   2. E.g. DUI

4. Negligence

   1. A person does not meet standard behavior.

   2. E.g. Child getting injured under the babysitter's watch.

To charge a person with a crime, both Actus Reus and Mens Rea have to have occurred together. In other words, there has to be concurrence.

Figure 5. Law Books and Gavel, Pixaby

Defendant Rights

Defendants have rights that are guaranteed to them through the US Constitution. They are stated within the Fifth Amendment and Sixth Amendment.

1. The Right to Remain Silent - to avoid being a witness to yourself.

2. The Right to Confront witnesses - ability to cross-examine witnesses

3. The Right to a Public Trial - allows family members and friends to be present in the courtroom.

4. The Right to a Jury Trial - promotes fairness

5. The Right to Speedy Trial - ensures timely sentencing

6. The Right of Representation - gives the defendant the ability to have a defense

7. Right of No Double Jeopardy - not being tried for the same crime twice.

Defenses

People accused of crimes have the right to defend themselves from these allegations. Here are a few examples of some defenses people make under criminal law:

Criminal Law Concept

Criminal law is the framework of the United States criminal justice system. Criminal law encompasses any actions that lead to arrest, trial, and/or incarceration.

Importance of Criminal Law

Criminal law serves a vital role in maintaining order in society. It protects individuals and society from harmful acts of others by prohibiting specific actions. It punishes people who commit harmful acts, and those punishments help deter others from committing the same infraction. It does all this while attempting to impose fair justice. Without these simple things, chaos would reign in society.