Legal News

06-Sep-2022

The Types Of Criminal Law In The US You Must Know

An offense is any act that violates a law passed by the United States, which can result in fines, imprisonment, or even death. Civil law refers to the process by which private individuals seek redress or enforce their rights, whereas criminal law pertains to the process by which governments seek to prosecute people who have committed crimes. As a means of protecting society, the government enforces laws and punishes individuals through the legal system.

There are several states and the federal government that conduct criminal trials according to which law is violated. Various types of criminal offenses are outside the Federal government's jurisdiction, so most criminal cases are handled by the states. The vast majority of criminal trials take place in state courts, which hold over eighty percent of them.

Types of Criminal Law And Offenses

Criminal law can be divided into two types. Felonies and misdemeanors fall into these categories.

1. Felony

A serious crime is classified as a felon in a common-law country. As defined by the United States, defendants from this group will either be executed or jailed for more than one year. Among the most common felony crimes are murder, manslaughter, arson, burglary, battery, aggravated assault, tax evasion, fraud, kidnapping, blackmail, forgery, obstruction of justice, and treason.

2. Misdemeanors

As misdemeanors are considered lesser crimes, defending them is easier than defending felony charges. Misdemeanors can be punished by fines, privilege loss, or even imprisonment, depending on the severity. In addition to public intoxication, reckless driving, disorderly conduct, vandalism, theft, trespassing, and petty theft, misdemeanors include public intoxication and disorderly conduct.

A crime can be an infraction, violation, minor/petty offense, or regulatory offense, in addition to the other types of criminal law.

Having established criminal liability and sanctioning the appropriate penalties, criminal law seeks to establish guilt. It seems that criminal offenses are extremely diverse in their scope, and scope does not appear to be limited. It has been suggested that criminal offenses can be classified into five broad categories.

• It's a crime that results in the harm of another person when it's committed as a personal offense.
• In a property crime, the property of another is interfered with for the purpose of committing a crime.
• A criminal act that was planned or initiated but not completed or was merely assisting in committing another crime is called an inchoate crime.
• A statute defines statutory crimes as crimes that are specifically prohibited by the law. A common purpose of these statutes is to deter crimes related to alcohol, drugs, traffic, or other social concerns.
• As with white-collar crimes, financial crimes can also be considered crimes. Often these crimes are deceptive and lead to financial gains, such as embezzlement, fraud, blackmail, and tax evasion.

An overview of crime elements

Individuals commit crimes when they act in a way that satisfies each of the elements of a crime. The statute establishing the crime also details the elements of the offense. Actus reus, or behavior, represents the first component of every crime; mens rea, or mental state, represents the second component; and causality, or the link between an act and its effect, represents the third component. Criminal prosecution requires proof that every element of a crime is beyond a reasonable doubt.

Criminal Codes

Defining what constitutes a crime is up to each state in the U.S. These laws vary from state to state. Federal criminal law is also codified in Title 18 of the United States Code, which punishes certain conduct. States and the federal government have significantly different criminal laws. Some statutes are influenced by the common law, while others, like the Chicago Penal Law, are closely derived from the Model Penal Code.

Guidelines for Sentencing

There are a variety of sentencing guidelines provided by the federal and state governments. The Federal Sentencing Guidelines govern federal cases, while state sentencing guidelines govern state cases.

Accomplices are liable

Multiple parties are traditionally classified according to the following categories when several are involved:

1. Principal in the first degree 

Those responsible for committing crimes (i.e., the perpetrators). There is no mention of accomplices in this section since perpetrators are not considered accomplices.

2. Principal in the second degree 

Involved in the actual commission of a crime by helping, counseling, or commanding the perpetrator. Complicity can be defined as aiding and abetting.

3. Accessory before the fact 

Those who aid, counsel, command, or encourage perpetrators to commit crimes without actually witnessing them. The act of being an accessory (before the fact) can be considered an act of complicity.

4. Accessory after the fact

An individual who aids another, knowing the other is a criminal, so as to hinder the individual from being found, arrested, tried, or punished. Those who are accessories (after the fact) are guilty of a separate crime; therefore, this section does not apply to them.

It is necessary to prove both actus reus and mens rea before a prosecution can convict an accomplice. It is necessary for the prosecutor to prove accomplice involvement by demonstrating that the accomplice was in the right mental state at the time it supported the perpetrator. It may be possible to prosecute accomplices separately from the principal perpetrator depending on the jurisdiction. Complicity in a serious crime can result in the accomplice being held more accountable than the principal. The acquittal of the alleged perpetrator is possible in certain jurisdictions, but the conviction of an accomplice is possible.

In some respects, common law has been adapted to American conditions in the United States, which is derived from English common law. Legislation has repealed most of the common laws of crimes in the U.S. These actions prevent a person from being tried for offenses that are not specifically stated in the state's statutes. However, common-law principles continue to rule the judicial system in these states since criminal statutes are often codifications of the common law, which makes it possible to interpret the provision using common-law standards. It is sometimes possible to prosecute people for common-law offenses that are not specifically outlined in statutes in the remaining states. The federal criminal code and several states use what are called penal codes, in which various provisions are compiled without any attempt to tie them together or to articulate or implement a penal control theory.

Procedure For Arrested And Charged Thieves: Bail And "Own Recognizance"

People typically enter the criminal system when they are arrested or learn that a warrant has been issued for their arrest, and therefore they turn themselves in. As in other countries, the right to be released before trial, as well as the right to a speedy trial, is fundamental to the types of criminal law in the United States. In the absence of good evidence that the accused will disappear before trial or be declared a danger to society by the court, the court must release the accused either without bail (on their own recognizance) or by posting security ("bail") with the clerk of the court to safeguard against the accused failing to appear at trial.

Hearing Preliminary To The Arraignment

Judges will read a charge to the accused and ask them to enter a plea of guilty or not guilty at the first hearing in Court. Arraignments occur before the accused can obtain legal counsel and are often held before they've been given a chance to speak with a lawyer. Courts will grant continuances or enter pleas of not guilty if such a situation exists, inviting the accused to return with legal counsel on a certain date. A judge will direct the accused to the public defender's office if they advise the court that they cannot afford private counsel. An appointed public defender is usually permanently assigned to the courtroom, and they discuss the matter with the accused and arrange for the person to represent the accused to appear in court.

Conclusion

It is possible that Americans get frustrated by the complexity, expenses, and power of their criminal justice system, despite its great reputation for protecting the rights of accused persons to a great extent. By providing several safeguards to ensure the rights of those charged, the system is skewed toward ensuring their rights. For example, until the government proves that the accused are guilty beyond a reasonable doubt to a moral certainty, the highest standard of proof in American law, the accused are presumed innocent. Furthermore, a verdict of conviction is based on a unanimous verdict by the jury under most types of criminal laws. State legislatures worldwide must meet a high burden of proof before imprisoning or otherwise punishing citizens found guilty of crimes.