U.S. Criminal Law

Author: Kevin Jones

Author: Kevin Jones

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. According to the U.S. constitution there are certain crimes called strict liability crimes like drug abuse and weapon offences where the act itself is sufficient to punish the offender. Here the criminal law imposes liability without fail. In the U.S. crimes like conspiracy, terrorism and sexual harassment are dealt under inchoate crime laws where anyone aiding in planning and execution of the crime is subjected to the same penalties as a person who actually commits the crime. The crime could be the result of a direct cause or a legal cause or an intervening cause. Therefore, criminal law gives immense importance to the concept of causation. Everybody wants the criminal to be punished for the crime he has committed. Penalties should be of such nature that the criminal would not dare repeat the act he has committed. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability. The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. The notion of innocent until proven guilty is the key component of the US Criminal Justice system. Therefore in criminal proceedings the burden is on the prosecutor to prove the crime occurred beyond a reasonable doubt. It is important, therefore, to retain legal counsel that has years of experienced in trying similar cases as yours. Criminal cases tend to be complex and highly complicated legal matters. In the U.S., criminal law has a number of unique features. In determining the criminal law, the federal government and each of the state governments are sovereign within the limits of their authority as defined by the U.S. Constitution. In many particulars the criminal law varies from state to state. The federal government and a number of states have formulated codes of criminal law. Criminal charges may be filed against someone because of testimony given by another person or persons. Criminal charges may also be filed against someone with no testimony or accusation as well, usually initiated by some law enforcement department official. The notion of innocent until proven guilty is the key component of the US Criminal Justice system. Therefore in criminal proceedings the burden is on the prosecutor to prove the crime occurred beyond a reasonable doubt. It is important, therefore, to retain legal counsel that has years of experienced in trying similar cases as yours. Criminal cases tend to be complex and highly complicated legal matters. About the Author:

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