What is Criminal Law?
Criminal law is a vital component of any state, governing the prosecution and punishment of individuals who are accused of wrongdoing. It is not only a tool for maintaining order but also a means to uphold justice and prevent wrongful actions by setting clear guidelines for acceptable conduct and established consequences for transgressions.
A core principle of criminal law is the presumption of innocence until proven guilty. This fundamental tenet serves to protect individuals from wrongful punishment and ensures that prosecutions are conducted fairly. It is through the rigorous application of evidence and legal standards that the state must prove beyond a reasonable doubt that a crime has occurred and that the accused is responsible for it. This high standard deters wrongful conviction and upholds civil liberties.
Another essential element of the criminal justice system is the classification of criminal offenses. Crimes are usually categorized into serious felonies, such as homicide or armed robbery, and less severe misdemeanors , like petty theft or simple assault. Felonies often carry harsher penalties, including significant fines and lengthy prison terms, whereas misdemeanors may include less severe punishments, such as limited fines and shorter jail sentences. This segmentation of crimes helps legislators, law enforcement, and the courts to more effectively apply justice according to the severity of the offense.
From the first stages of the justice process, the state has an array of resources for investigating and prosecuting potential criminal acts, including law enforcement, various governmental units, and forensic techniques. Similarly, there are numerous avenues for an individual to defend themselves against criminal prosecution in preparation for trial, during trial, or through post-conviction proceedings (also known as appellate proceedings).
In this series, we aim to explore the core aspects of criminal law, examining the critical stages of criminal prosecution from how evidence is collected to the intricacies of trial.
Crime Categories
Crimes are generally divided into three categories: felonies, misdemeanors and infractions. Felonies are the most serious crimes and include crimes such as murder, robbery and burglary. A felony is punishable by a year or more in prison, sometimes even by death.
A misdemeanor is a term that covers a broad range of crimes that are punishable by up to one year in county jail. Misdemeanors are typically less severe than felonies. Common examples include simple assault, shoplifting and DUI.
Infractions are the least serious crimes under state law. Infractions are typically punishable by a fine. Infractions are usually issued by way of a ticket or citation. Examples include littering, noise ordinances and some traffic violations. Note that not all traffic offenses are infractions. Traffic violations such as vehicular manslaughter and DUI are misdemeanors mainly because of the severity of the punishment.
The Criminal Judicial System
The criminal justice process is expansive and complex, covering a wide gamut of issues, and can be confusing for many. In broad strokes, the criminal justice system is designed to deter crime and then punish those who commit it. Once a crime is reported or suspected, an investigation occurs that leads to an arrest. The arrest then opens the door for a prosecution against the alleged offender, which ultimately may lead to trial on the matter.
In this way, the process through which a criminal matter progresses is similar to that of a civil trial, in which the issues of a dispute between two parties are decided in court. However, there are some important differences hard fought for over the centuries, including the presumption of innocence and the standard of proof, which are not present in civil trials. The criminal justice process is divided up into several stages, each of which has its own unique procedures.
Though the steps of the criminal justice process may vary between differing criminal cases, the general framework of the process is always the same: Finally, after the prosecution seeks to convince a jury that the defendant committed a crime, the matter is turned over to the jury (sometimes the judge) for a verdict on the matter. If the defendant is found guilty, they are given a sentence.
Rights of the Accused
Legal rights of the accused are an important consideration when facing criminal conduct. Anyone accused of a crime has certain fundamental legal rights, including the right to a fair and speedy trial, protection against Double Jeopardy, and government interference despite self-incrimination. All of these basic rights ensure fair treatment of criminal defendants throughout their trial.
Accused individuals have the right to a speedy trial. In essence, the government cannot withhold criminal prosecution for any undue time period. This means that law enforcement should have (and actually must have) enough evidence to merit criminal prosecution of a defendant if enough time has passed between the suspected offense and criminal prosecution.
Double jeopardy applies to a person accused of a crime that has already been tried in court. Double jeopardy laws prevent law enforcement from prosecuting an individual for the same offense after a court finds him or her not guilty of the crime in question. Double jeopardy also encompasses civil suits that stem from a person’s alleged crime. For example, suppose a person is accused of murder. If law enforcement has difficulty winning a criminal conviction against the defendant and he or she is found not guilty of the crime, the defendant can still be prosecuted through civil means for that crime. However, the defendant’s rights against self-incrimination will protect him or her from having to divulge information that could incriminate him or her during civil hearings.
Evidence and Criminal Law
In criminal law, evidence is at the core of a case. What is found, whether from a physical investigation or personal testimony, can mean the difference between a conviction and an acquittal. People often wonder what kind of evidence is used and how it plays into their case. Whether or not evidence is used in a case will depend on the facts and details of the case itself. The types of evidence that may be used in your case include physical evidence, testimonial evidence, and circumstantial evidence.
Physical evidence is anything that can be touched and collected . Some examples of physical evidence may include DNA, blood, fingerprints, hair, and any tangible object. Physical evidence is very important in any case and may change the outcome of a case.
Testimonial evidence comes from people who give their own version of events as a witness. Testimonial evidence may include the testimony of the defendant, the officer handling the case, and any witnesses present during the crime.
Circumstantial evidence is the least reliable type of evidence and can prove things by inference. For example, if a person was at a bar the night of the crime, they would be a suspect due to being in the area at the time of the crime.
Punishment and Sentencing
The sentencing phase of a criminal case occurs after the defendant has been found guilty of a crime. If it is a mistrial, then the defendant may be released. If there is a retrial and there is again a finding of guilt, there is a sentencing phase. If there is a recommendation of guilt, then there is a review of the evidence in order to determine whether there can be a finding of guilt at all. Once the judge or jury has made a determination of guilt, the defendant may be sentenced. It is important to note that just because you have been found guilty does not mean you will have to serve jail time. In some cases a judge may feel that even though there has been a finding of guilt, it is appropriate to impose a fine only (in lieu of jail time) or place the defendant on probation. There are some offenses where guilt infers that there will be some jail time and some cases where jail time is mandatory upon the finding of guilt. Depending on the severity of the crime, a defendant may be punished by imprisonment, fine, or both. The potential penalties for a defendant depend entirely on the crime they were accused of committing. For instance, if voicing a cable or satellite codes without authorization they may face only a legal fine. For instance if someone committed a violent offense (i.e. murder) they may be facing life in prison or even the death penalty. Once a determination has been made about what the potential penalties will be, a recommendation is usually made to the court. The prosecution will present a case for the potential punishment and the defense will present a case for the least severe penalty possible. For instance the defense may present written letters on behalf of the defendant attesting to their character or other materials. The court will then weigh recommendations of both parties and impose the sentence.
Post-Court Relief
In the U.S. judicial system, an appeals court does not conduct a new trial. The appeals court reviews the trial court record to make sure that the law was applied fairly. In most cases, people have 30 days from the date of sentencing to file an appeal.
People can also challenge their conviction or sentence through a post-conviction relief. This is a legal procedure to seek reversal of conviction or reduction of sentence. For example, federal law allows a person to file a petition for a writ of habeas corpus. A defense attorney can help write up a petition to file. In it, the person can explain why the judgment or sentence is faulty.
The federal law provides the conditions for a request. In general, it must be within one year after the judgment or the expiration of the time allowed (generally, 30 days) for filing an appeal.
If the court rules against the person, the interests of justice may not be served by continuing to bring a petition that is clearly without merit. Therefore, for any issues that the appellate court has already rejected, the person must receive approval from the court before filing successive petitions.
Criminal Law Reforms and Coming Changes
In recent years, criminal law has come under intense scrutiny for contributing to issues like mass incarceration and wrongful convictions. In the United States, approximately 2.3 million people are currently incarcerated. As a result, potential reforms have been hotly debated at both local and national levels. Notably, President Obama even issued an executive action addressing some of these concerns and extending clemency to nonviolent offenders who were sentenced with "harsh mandatory minimums." In the coming years, criminal law will continue to evolve as advocates push for changes that minimize the occurrence of subpar prosecution, unequal sentencing, and incarceration for minor offenses.
In addition, mass incarceration itself is being scrutinized as a phenomenon that not only harms individuals, but entire communities. Advocates argue that this states risks further marginalizing impoverished and disadvantaged individuals, entrenching discrimination in the practice of criminal law, and spilling over into other aspects of life. Because of this, new alternatives to incarceration are being proposed that would decriminalize low-level offenses, such as cannabis use or possession . Other methods of diversion focus on drug courts, mental health courts, and veteran’s courts that address underlying treatment of offenders, reduce reliance on incarceration, and provide the tools necessary to break the cycle of recidivism.
Further, wrongful convictions are rightly seen as one of the most prominent issues in the practice of criminal law. The process of exonerating wrongfully convicted individuals is often protracted and costly, and families are nearly always financially devastated as a result of the prosecution. As such, various proposals have emerged to address wrongful convictions, including requiring innocence commissions, recording every interview, eliminating the death penalty, offering compensation, and training public defenders. These proposals seek to improve overall criminal justice practices, demand accountability from prosecutors, and ensure that wrongful convictions are a rarity, not a frequent occurrence.
With these issues at the forefront of public discourse, criminal law will continue to adapt to better serve both individuals and the community. Areas ripe for improvement, such as wrongful convictions, overreliance on incarceration, and punishment of immaturity, will continue to be reformulated in order to more accurately reflect modern justice principles.