Law and Crime

Hi students, My name is Samuel Castillo, your professor for 280 A. Here you will find important information that complements the topic. Enjoy it!

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Criminal Law

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Overview

Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.

A “crime” is any act or omission in violation of a law prohibiting the action or omission.

Criminal Codes

Each state decides what conduct to designate a crime. Thus, each state has its own criminal code. Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Code. Criminal laws vary significantly among the states and the federal government. While some statutes resemble the common law criminal code, others, like the New York Penal Law, closely mimic the Model Penal Code (MPC).

Types of Crimes

Crimes can be generally separated into four categories: felonies, misdemeanors, inchoate offenses, and strict liability offenses.

Each state, and the federal government, decides what sort of conduct to criminalize. At common law, there were nine major felonies (Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, and Burglary) and various misdemeanors (i.e. assault, battery, false imprisonment, perjury, and intimidation of jurors).

Codification of Criminal Procedure

Congress codified the federal criminal law and criminal procedure in Title 18 of the U.S. Code with §§ 1 to 2725 dealing with crimes. Title 18 designates various conduct as federal crimes, such as arson, use of chemical weapons, counterfeit and forgery, embezzlement, espionage, genocide, and kidnapping. These statutes usually prescribe a maximum sentence appropriate for a convicted individual. For additional Federal Regulations, consult 28 C.F.R.

The federal government has also codified the specific procedures which must take place during the course of a criminal proceeding in the Federal Rules of Criminal Procedure.

What are the four categories of criminal law?