Trying to define criminal law
Criminal law is a system of laws that criminalizes certain actions and imposes punishments on those who violate them. It is the “body of laws which define crimes and prescribe punishments for people who break them.”
"In plain English, it's the rules that say what you're not allowed to do. You're not allowed to steal money from your mom's wallet, for example."
The word criminal may conjure up images of murderers or thieves, but criminals encompass the whole spectrum of human behaviors — from those who take part in "simple assault" to individuals who have committed genocide.
It is important to note that the law does not criminalize “thought or emotions, or personal characteristics.” Rather, it “criminalizes certain actions and not others.” Criminal law has a very specific purpose: It punishes people for hurting other people or for breaking societal norms.
Criminal law has been a part of human civilization for over 6,000 years — from ancient Babylon to the United States today—and the way it is implemented changes over time based on values and circumstances.
Early forms of criminal law were concerned with religious notions of sin and morality — such as rules prohibiting burglary in England in 1200 AD — while more modern criminal laws are focused on public order, safety and welfare concerns.
The majority of crimes considered crimes in the United States today are regulated under state criminal law. The chapters in this guide will focus on federal criminal law, as it is the most pervasive and has a greater effect on society than state criminal law.
While the term "criminal activity" is widely used, the "criminal act" is preferred in legal writing. People who commit crimes are called criminals or wrongdoers, while criminal conduct or conduct that leads to crime is called "crime." Criminal law does not enforce morality; rather, it tries to prevent people from harming one another through the application of clear rules of public order.
The two main areas of criminal law are violations of public order and violations of individual rights. Public order crimes are offenses against the community, or society, such as murder, rape or armed robbery. These types of crimes threaten the safety of society and its members. A violation of an individual's right is known as a 'torts' wrong and includes offenses such as assault and battery.
In general, criminal law prohibits actions that harm other people or their property. Punishments vary from fines to imprisonment to execution.
The US justice system is based on the concept of dual sovereignty. Dual sovereignty means that citizens respond to both state and federal law. This can be confusing because the legal definitions of offenses and punishments vary from state to state.
All federal crimes are statutory, meaning they are created by laws passed by Congress. They are also codified in the United States Code, which requires a law enforcement officer to arrest someone who has committed a federal crime. Federal criminal laws usually carry a severe penalty and are prosecuted at the federal level, although it is possible for someone to be tried in state court under certain circumstances. Federal criminal statutes apply only within the areas over which Congress has jurisdiction (which does not include most private activities).
When a person is convicted or acquitted of a crime at the federal level, the penalties and sentencing for that crime may vary depending on several factors, including:
State courts have the power to try violations of state criminal laws, which are created by the states themselves. However, the federal government does not have jurisdiction over most state crimes. Federal crimes are mostly applicable only within that state's territory; but if they happen in another state, they may be prosecuted under federal law. There are some exceptions to this — such as when states seek authority to prosecute certain federal crimes within their own boundaries.
Drug crimes are a particularly common federal offense. For example, someone who is arrested for selling a controlled substance — such as heroin or methamphetamine — can be charged under both state and federal law. This is because different states have different drug laws and some will not prosecute public possession, while other states will. In addition, federal criminal law allows the federal government to prosecute anyone who violates drug laws, regardless of where the drugs were purchased.
The District of Columbia, Puerto Rico and all other territories are considered "states" for purposes of crime prosecution. However, unlike with their stateside counterparts, Congress has jurisdiction over these areas; therefore they have to follow most of the same rules as any state criminal code.
The United States Code, or U.S.C., is the codification of criminal laws, as well as federal procedural statutes, in the United States and it has been called "the most important single source of all federal criminal laws." Although U.S.C. contains only a very small percentage of all federal crimes, it is still a powerful tool for understanding and analyzing the law on a national level.
Most of the federal criminal laws are listed in Title 18, Crimes and Criminal Procedure (a portion of which can be found at 18 USC). Some areas are codified under other titles — such as Chapter 2 and Title 27, which covers bankruptcy — while others have separate codes covering them themselves (such as Chapter 27).
There are a number of other resources available to the public for researching federal criminal law, including:
The U.S. Code
United States Code Annotated (U.S.C.A.) – published by LexisNexis and provides every word, punctuation mark and footnote contained within the U.S.C., along with additional annotations from the Office of Law Revision Counsel of the U.S. House of Representatives, a forerunner organization to the Office of Law Revision Counsel of the U.S. House of Representatives
United States Code Service (USCS) – published by West Publishing, includes all U.S.C. annotated materials, in addition to historical records and opinions relating to the U.S.C.
United States Code Congressional and Administrative News (U.S.C.C.A.N.) – published by West Publishing, includes all U.S.C.A materials, as well as annotations from the Office of Law Revision Counsel on legislative histories and other materials relating to the statutory laws
United States Code Index (U.S.C.I.
Conclusion
Criminal laws exist to protect society and its members from harm. Crimes are defined by lawmakers in specific terms, and apply only within the boundaries of their jurisdictions. The penalties for committing a crime vary depending on the state or federal jurisdiction.
People have the right to defend themselves against charges in court, but they must understand their rights so they can exercise them effectively. If someone is arrested, they should seek legal representation from a criminal defense attorney who can carefully examine all the facts of the case and help them make informed decisions about how to proceed with their case.
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