Along with civil law, one of the subjects that all students learn about in law school is criminal law. Civil and criminal law differ greatly; some students prefer the field of civil law while others gravitate toward criminal law.
Whether or not they become civil lawyers or criminal lawyers in their legal careers, understanding the concepts of criminal and civil law is extremely important. In this article, the focus is on criminal law.
What is Criminal Law?
Criminal law is the body of law that defines conduct perceived as threatening to, harmful to, or otherwise endangering the property, health, safety, and welfare of people.
Within the realm of criminal law, there are many different types of crimes, each with their own set of punishments.
Some common types of crimes include murder, assault, battery, theft, arson, drug offenses, fraud, rape, and sexual abuse. It’s also worth noting that while most crimes are offenses against other people or society in general, offenses against oneself are considered a criminal act as well. So suicide and attempted suicide are both criminal offenses.
Where Does Criminal Law Come From?
Most criminal laws are established by statute, which is to say that the laws are enacted by a legislature. In the United States, the federal government and each state have their own criminal codes, which define specific crimes and the different degrees of each crime.
The specific penalties for each degree of crime vary from jurisdiction to jurisdiction. Federal criminal law stands alone from each individual state’s criminal law.
Criminal Law Definition: Levels of Crime
Generally, criminal law is defined by statutes with crimes classified based on the severity of crimes. Within the legal system, the most serious infringements of criminal law are felonies, followed by misdemeanors, and then infractions.
Felonies are the most serious crimes. They are punishable by imprisonment in state prison, or in some cases, by death. Examples include murder, robbery, rape, arson, and drug trafficking.
Misdemeanors are less serious than felonies. They are punishable by imprisonment in county jail or by a fine. Examples include certain minor offenses such as theft, vandalism, certain property crimes, and disorderly conduct.
Infractions or citations are even less serious crimes. They are punishable by a fine but not by imprisonment. Examples include minor traffic violations, jaywalking, littering, public disorder and other less serious offenses.
Within each crime, there are also often degrees that taxonomize severity. The degree of a crime is determined by a number of factors, including the severity of the harm caused (including personal injury), the intent of the offender, and the offender’s criminal history.
For example, first-degree murder is the most serious level as it implies intent and premeditation. However, second-degree murder does not require a showing of premeditation and may be established by simply showing malice or reckless disregard for the lives of the victims.
Punishment and Rehabilitation
Criminal law also includes the punishment and rehabilitation of people who violate such laws
Criminal law varies according to jurisdiction and differs from civil law, where emphasis is more on dispute resolution and victim compensation rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that requires proving the commission of a crime and meting out punitive or rehabilitative treatment for the offender.
