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Criminal law is the process in which the state prosecutes an
individual for committing a crime. Criminal law differs from civil law in that criminal
law seeks punitive damages, or punishment. Civil law can only seek compensatory, or
monetary, damages. Typically, crimes are actions that are disapproved of by our society,
thus criminal law makes these unapproved actions criminal offenses. Crimes fall into two
categories: felonies and misdemeanors. Felonies are the “more serious” crimes and include
murder, rape, and perjury; misdemeanors include crimes like drunk in public or indecent
public exposure.
When a society and its government decide that certain conduct is dangerous to
citizens or damaging to the society as a whole, such conduct is labeled a "crime" and is
made punishable by sanctions such as fines and imprisonment. Most crimes are identified
in statutes that have been enacted by federal, state, and local government legislatures,
in response to issues that affect the jurisdiction. Most ordinary crimes are covered by
state criminal law. For example, a burglary that took place within a state, committed by
local residents, is covered by state criminal law and ordinarily will be prosecuted by a
local criminal lawyer.
Federal criminal law deals with:
• Federal property
• Federal employees
• Federal taxes
• Receipt of federal benefits
• Federally guaranteed civil rights
• Crimes involving interstate commerce (transporting goods or individuals across
state lines)
For example, it’s a federal criminal law to rob a U.S. Post Office or to assault a
federal employee.
Criminal law statutes describe the type of conduct that has been deemed a
crime, the mindset or intent required, and in some instances, the proper punishment. At
all stages of the criminal justice system, a person suspected or charged with a criminal
law crime are entitled to certain fundamental rights from the U.S. Constitution and key
court decisions. Foremost are the right to a criminal defense lawyer and the right to a
speedy trial. The outcome of any criminal law case depends upon the crime charged, the
strength of the evidence presented by the prosecuting criminal lawyer and proper courtroom
procedures.
People who are found to have violated a criminal law -- whether through their
own admission by a "guilty" plea or as a result of a jury trial -- can be punished
through imposition of fines, imprisonment, probation, and community service, among other
penalties.
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