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What is Criminal Law?

Criminal law involves a system of legal rules designed to keep the public safe and deter wrongful conduct. Those who violate the law face incarceration, fines, and other penalties. The American criminal justice system is both complex, and adversarial in nature. With the exception of minor traffic violations, accused individuals will require the assistance of an attorney.

Specific crimes and the consequences for violating them are found in penal codes enacted by legislators at the local, state, and federal levels. Less serious crimes are classified as misdemeanors. These typically carry a maximum of up to one year in the county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.

Crimes of a more serious nature are classified as felonies. These carry punishments of a year or more in state or federal prison. Felonies include violent crimes like murder, burglary, and rape, as well as white collar crimes like embezzlement and money laundering.

When questions arise as to how criminal statutes should be interpreted, judges and lawyers turn to previously issued court opinions dealing with the same issues. This principal is known as “stare decisis.” It means that once a court issues a decision involving a given set of circumstances, that ruling is binding precedent for similar disputes that come before the court on a later date.

Law enforcement agencies have the responsibility of investigating alleged crimes. Procedural rules are in place to ensure police officers respect the constitutional rights of the citizens they investigate. When a defense attorney challenges the legality of a criminal prosecution, most times the dispute is a result of procedural violations by the police.

Protecting Your Rights.

Each stage of a criminal prosecution presents traps for defendants who are not familiar with the court system. Criminal defense attorneys are trained to prevent their clients from doing or saying things that will increase the likelihood of conviction. But when legal counsel has not been hired or appointed, accused individuals can unknowingly waive their rights and harm their own interests.

For example, following an arrest, law enforcement will question a suspect in regards to the crime. The officers will inform the suspect of his or her “Miranda rights” (right to remain silent, right to an attorney), and then attempt to elicit a confession. Without a lawyer present, defendants can make incriminating statements that will later be used against them in court.

In both misdemeanors and felonies, an arraignment will be held in open court. The judge will explain the nature of the charges to the defendant and ask for a plea. Without the assistance of an attorney, defendants will often plead guilty at this initial stage. By doing so, they are giving up important rights, as well as the opportunity to negotiate the terms of their sentence beforehand.

Discovery proceedings are another critical stage in a criminal case. This is when the defendant can demand that the prosecutor turn over copies of all of the evidence gathered by law enforcement. In DUI and DWI cases especially, the police reports, lab results, video recordings, and other items will likely determine whether the case settles or continues on to trial. To make informed decisions, the defendant must obtain these materials.

If the state fails to offer a plea bargain the defendant is willing to accept, the case will proceed to trial. This is the time to question witnesses and present argument to the jury. Conducting a trial is not for the layperson to attempt. Legal training is needed to perform effective cross-examination, comply with the rules of evidence, and so forth. After all, the outcome may determine whether the defendant walks free, or goes to jail.

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Articles About Criminal Law

  • When Law Enforcement Cannot Solve It, Private Recovery Agency Tracks Stolen Art
    What happens when famous pieces of art are stolen and law enforcement leads run dry? Private recovery agencies are called upon to bring back these multimillion dollar masterpieces, often taking years to track the work, earning staggering fees, and blurring the line between legal and illegal activities.
  • African American Women Disproportionately At Risk For Death by Domestic Violence
    Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
  • Is It Illegal to Own a Machine Gun? Not if You Are a Business Entity
    The Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the “ATF”) is responsible for regulating guns in the United States. A current loophole allows individuals to obtain weapons such as machine guns and sawed-off shotguns through corporations, trusts or other legal entities.
  • Bizarre American Sex Crimes Laws
    Every state is responsible for passing laws regarding local standards for moral conduct. As a result, each state has enacted its own laws regarding sex crimes. Most are common to every jurisdiction, such as laws prohibiting rape, sexual contact with minors, and public exposure. But some laws are so unique and so inexplicable that they are worth review.
  • A History of American Gaming Laws
    Gambling is restricted in America, though its popularity is increasing. Laws regarding gambling are important not only for those involved with gaming operations, like casinos, bingo, or poker tournaments, but also for the average person who wants to know whether he can legally start a betting pool among his friends or at his office, has an idea for a new business model involving some form of chance, or if he can legally participate in an online poker tournament.
  • How to Fight Drug Possession Charges
    Every year, thousands of people are arrested on drug possession charges. Many of these charges relate to very small amounts of controlled substances in a person's car or on their person. These cases are an enormous percentage of the criminal court dockets of every state, leading to almost routine behavior of drug possession defendants and sentencing. But, it is possible to fight these types of charges and obtain a more favorable outcome.
  • A Touching Legal Story of a Different Kind: Public Masturbation Ruled Legal in Sweden
    Earlier this week, a 65 year old man was acquitted of sexual assault charges after he was found masturbating on a public beach in Sweden. The ruling surprised many and leaves questions about how such a situation would be handled by American courts.
  • Washington Shipyard Shooting Stirs Debate Over Second Amendment Right to Bear Arms
    On Monday, September 16, 2013, Aaron Alexis opened fire in the Washington Naval Shipyard, killing 12 naval and civilian personnel before he was ultimately killed himself by law enforcement. However, much to the surprise of the general public, the weapon that Alexis used to kill 12 innocent people was legal, since when he purchased it, Alexis had no record of either a misdemeanor or felony conviction.
  • Did You Know Your Fantasy Football League Might be Illegal?
    Millions of Americans engage in creating fantasy football teams. It can be a fun way to add an extra layer of enjoyment to the season and, for some, to add an extra investment in the fan's favorite players and teams. While most fans only worry about who they will start on their fantasy team on Sunday, if their league has an entry fee or awards prizes, they may be engaging in illegal activity.
  • Nudity and Public Decency Laws in America
    In recent years, incidences of public nudity have increased. In some instances, this is innocent fun, like ritual moonings in Orange County, California, and worldwide naked bike riding events.
  • All Criminal Law Articles

Criminal Code by State

Criminal Law - US

  • ABA Criminal Justice Section

    The American Bar Association is a national organization of attorneys dedicated to improving the legal system. The Criminal Justice Section contains news and events for anyone interested in the penal system.

  • Bureau of Justice Statistics

    BJS collects facts and figures relating to crime in the United States. Here you can learn about the prevalence of crimes involving violence, property damage, drugs, human trafficking, identity theft, and more.

  • Crimes and Criminal Procedures, Title 18 - United States Code

    The USC consists of all federal laws in the United States. Title 18 deals with crimes, punishments, and criminal procedure. This searchable online version is presented by Cornell Law School in Ithaca, NY.

  • Differences between Civil and Criminal Law in the US

    This concise essay by Dr. Ronald B. Standler describes how criminal prosecutions and private civil lawsuits differ in terms of protections and potential liabilities for defendants.

  • Federal Bureau of Investigation (FBI)

    The FBI website is a great resource for information about the investigation of terrorism and other federal crimes. The “Most Wanted” section allows visitors to provide tips about victims and fugitives in high profile cases.

  • Federal Rules of Evidence

    Cornell Law School sponsors this indexed version of the court rules governing the presentation of evidence in federal court. These rules apply in criminal and civil cases.

  • Federal Sentencing Guidelines Manuals

    The sentencing guidelines are rules meant to create a uniform system for imposing punishment in federal criminal court. Check back regularly for the latest updates to the manuals.

  • National Center for Victims of Crime

    With so much focus on the accused, the victims of crimes sometimes feel neglected by the system. The National Center for Victims of Crime is designed for victims and advocates looking to engage one another, find support, and spread awareness.

  • National Criminal Justice Reference Service (NCJRS)

    National Criminal Justice Reference Service offers extensive reference and referral services information to support research, policy, and program development to anyone interested in crime, victim assistance, and public safety including policymakers, researchers, and the general public.

  • Office for Victims of Crime (OVC)

    The OVC administers the Crime Victims Fund, providing substantial funding to state victim assistance compensation programs and services that help victims heal. For those looking to pursue a career as a victim’s advocate, the site offers online training and education.

  • United States Department of Justice

    The Justice Department, led by the Attorney General, is the federal agency in charge of enforcing federal laws. Their website is constantly updated with news articles, blog posts, and other criminal justice resources.

Criminal Law - International

Publications Regarding Criminal Law

Organizations Regarding Criminal Law