Criminal law, or Penal law as it is sometimes defined, involves cases in which a person has committed a crime that is not civil in nature. A crime is defined as, “an act or omission of an act in violation of a public law forbidding or commanding it.” Common law crimes do exist in the federal form (and there is a Model Penal Code giving general definitions and descriptions of various crimes), but most crimes are established by local, state and federal governments. Because of this, the punishment for various criminal acts are different in various states. For example, murder of the first degree carries a possible punishment of death administered by the state in the state of Florida, but not in Michigan. Also, in some counties, it is illegal to even possess alcohol. In some states, the act of an abortion is illegal. In other states it is legal to have an abortion performed and still in other states it is legal to have an abortion performed but only before a certain point in the female’s pregnancy.Crimes are divided into different categories. Felonies are awarded to more serious crimes like rape and murder. Misdemeanors are awarded to individuals who commit less serious crimes like driving over the speed limit or theft of a small monetary value. Although not the norm in every state, the punishment for felonies and misdemeanors is over and under a year respectably. Many times if a crime that occurs in a single state carries over into another state, the crime becomes federal in nature.
Most crimes have two elements: the actus reus and the mens rea. The actus reis refers to the actual action of the crime, whereas the mens rea refers to the mental state of the individual while the crime was committed. The state, in prosecuting the defendant, must prove both elements “beyond a reasonable doubt” in order to find the defendant guilty of the crime. This is different than the burden of proof that is necessary for a guilty verdict in a civil case. A defendant needs to have been found guilty by a “preponderance of the evidence” (or more than 50% likely to have committed the crime) in a civil case.
The goals of the criminal law system, which are achieved through the means of punishment, are: retribution, deterrence, restitution, rehabilitation and incapacitation. Retribution is a concept developed out of the oldest known form of administrative punishment and is based on the idea of “an eye for an eye.” It is based on the idea that criminals must suffer because of their actions. Deterrence is divided into two separate categories: individual deterrence and general deterrence. Individual deterrence is the concept of dissuading that particular offender from ever committing the crime he or she committed again. General deterrence is the idea of dissuading the public at large from ever committing the act that the offender committed. Incapacitation is the idea that the offender must be kept, physically, in a place separated from society so that society is safe from the offender’s actions. Rehabilitation is the idea that the offender can be integrated back to society as a functioning and contributing part of society. Restitution is the idea that the victim of the crime needs to be made whole again (usually monetarily).
