NCJ Number
185180
Date Published
2000
Length
24 pages
Annotation
Criminal law and its functions, processes, defenses, and reform are examined, and substantive criminal law is viewed as a set of rules that specifies what behavior society has outlawed.
Abstract
Criminal law can be distinguished from civil law on the basis that the former involves powers given to the State to enforce social rules, whereas the latter controls interactions between private citizens. Criminal law serves several important purposes: it represents public opinion and moral values; it enforces social control; it deters criminal behavior; it punishes transgressors; and it banishes private retribution. The criminal law used in U.S. jurisdictions traces its origin to English common law. Common law was formulated during the 12th and 13th centuries when English royal judges began to use precedents set in previous cases to guide actions in others. In the U.S. legal system, lawmakers have codified common law crimes into State and Federal penal codes. Most crimes today fall into the categories of felony or misdemeanor. Felonies are serious crimes usually punished by a prison term, whereas misdemeanors are minor crimes that carry a fine or a light jail sentence. Common felonies include murder, rape, assault with a deadly weapon, arson, and robbery. Misdemeanors include larceny, simple assault, and possession of small amounts of drugs. Every crime has specific elements and, in most instances, these elements include the actus reus (guilty act) and the mens rea (guilty mind). At trial, accused persons can defend themselves by claiming to have lacked mens rea and therefore are not responsible for criminal actions. One type of defense is excuse for mental reasons such as insanity, intoxication, necessity, or duress. Another defense is justification by reason of self-defense or entrapment. Of all defenses, insanity is perhaps the most controversial. Regardless of the insanity defense used, critics charge that mental illness is separate from legal responsibility and that the two should not be equated. Supporters counter that the insanity defense allows mentally ill persons to avoid penal sanctions. Criminal law undergoes constant reform; some acts are being decriminalized, while laws are being revised to make penalties for other acts more severe. 38 notes, 4 tables, 1 figure, and 7 photographs