Criminal Law

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime. In the U.S., substantive criminal law originated for the most part in common law, which was later codified in federal and state statutes. Modern criminal law has been affected considerably by the social sciences, especially in the areas of sentencing, legal research, legislation, and rehabilitation.

Criminal Procedure in the United States

The procedure in criminal cases is substantially the same throughout the United States. The person suspected of crime is taken into custody by a police officer, sometimes by service of a warrant of arrest. If the crime is serious, the case is first presented to a grand jury, which draws up an indictment if there is sufficient evidence to justify trial; otherwise it discharges the accused. While action is pending, the party charged may be released on bail. Trial is by jury or before a judge alone if a jury is not required, or if the defendant consents. The government presents its case (i.e., attempts to prove the allegations of the indictment), through the public prosecutor, usually called the district attorney, while the accused is represented by counsel that he or she has chosen or that the court has appointed. The legal presumption of innocence puts the burden of proving guilt beyond a reasonable doubt on the prosecution, unless, of course, the defendant pleads guilty to the charge. Special rules restricting the introduction of evidence in criminal trials further protect the defendant. If the accused is found or adjudged innocent, he or she is discharged; if the accused is found guilty, the judge pronounces sentence.

Classification of Crimes

Crimes are usually classified as treason, felony, or misdemeanor. The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment. In general, a misdemeanor is an offense for which a punishment other than death or imprisonment in the state prison is prescribed by law. The term “degree of crime” refers to distinctions in the culpability of an offense because of the circumstances surrounding its commission.

The Right to a Defense

Every accused has the right to any and all defenses the law recognizes and permits—e.g., insanity, mistake of fact, or self-defense. An accused having the right to resort to several defenses may make an election as to the one on which he or she will rely.

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