Criminal Law

What is Criminal Law?

Criminal law involves a system of legal rules designed to keep the public safe and deter wrongful conduct. Those who violate the law face incarceration, fines, and other penalties. The American criminal justice system is both complex, and adversarial in nature. With the exception of minor traffic violations, accused individuals will require the assistance of an attorney.

Specific crimes and the consequences for violating them are found in penal codes enacted by legislators at the local, state, and federal levels. Less serious crimes are classified as misdemeanors. These typically carry a maximum of up to one year in the county jail. Examples include petty theft, possession of small amounts of controlled substances, and first-offense drunk driving.

Crimes of a more serious nature are classified as felonies. These carry punishments of a year or more in state or federal prison. Felonies include violent crimes like murder, burglary, and rape, as well as white collar crimes like embezzlement and money laundering.

When questions arise as to how criminal statutes should be interpreted, judges and lawyers turn to previously issued court opinions dealing with the same issues. This principal is known as “stare decisis.” It means that once a court issues a decision involving a given set of circumstances, that ruling is binding precedent for similar disputes that come before the court on a later date.

Law enforcement agencies have the responsibility of investigating alleged crimes. Procedural rules are in place to ensure police officers respect the constitutional rights of the citizens they investigate. When a defense attorney challenges the legality of a criminal prosecution, most times the dispute is a result of procedural violations by the police.

Protecting Your Rights.

Each stage of a criminal prosecution presents traps for defendants who are not familiar with the court system. Criminal defense attorneys are trained to prevent their clients from doing or saying things that will increase the likelihood of conviction. But when legal counsel has not been hired or appointed, accused individuals can unknowingly waive their rights and harm their own interests.

For example, following an arrest, law enforcement will question a suspect in regards to the crime. The officers will inform the suspect of his or her “Miranda rights” (right to remain silent, right to an attorney), and then attempt to elicit a confession. Without a lawyer present, defendants can make incriminating statements that will later be used against them in court.

In both misdemeanors and felonies, an arraignment will be held in open court. The judge will explain the nature of the charges to the defendant and ask for a plea. Without the assistance of an attorney, defendants will often plead guilty at this initial stage. By doing so, they are giving up important rights, as well as the opportunity to negotiate the terms of their sentence beforehand.

Discovery proceedings are another critical stage in a criminal case. This is when the defendant can demand that the prosecutor turn over copies of all of the evidence gathered by law enforcement. In DUI and DWI cases especially, the police reports, lab results, video recordings, and other items will likely determine whether the case settles or continues on to trial. To make informed decisions, the defendant must obtain these materials.

If the state fails to offer a plea bargain the defendant is willing to accept, the case will proceed to trial. This is the time to question witnesses and present argument to the jury. Conducting a trial is not for the layperson to attempt. Legal training is needed to perform effective cross-examination, comply with the rules of evidence, and so forth. After all, the outcome may determine whether the defendant walks free, or goes to jail.

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Articles About Criminal Law

Prisoners’ Rights
Many people recognize that when they are incarcerated that they lose many rights, including the right to privacy, the right to assemble and the right to free speech. However, simply being incarcerated does not mean that all important constitutional rights are extinguished.
Higher Education in Prison
For many individuals, going to prison results in the ending of their potential. Based on the high rate of recidivism, many individuals who go to jails and prisons go on to commit more crimes and land back in jail or prison.
Three Strikes Laws
Various laws are in place to protect the public from those that commit egregious violations of the law through felonies. Of these, there is a law of three strikes that provides the second and third chance to a person that commits felony crimes.
What to do if there is a Warrant for My Arrest?
Individuals invariably make decisions that cause law enforcement to have a warrant issued in their names. There are various versions of warrants, but the arrest type is one that a person should be wary of due to the imminent possibility of being arrested for a crime.
The Ongoing Problem of Over-Criminalization in America
The jails and prisons throughout the United States are filling up fast with severe overpopulation. Those with petty crimes are being thrown in alongside multiple convicted murders. In many cases, these persons go into these facilities as one person but come out as a completely different individual.
Station House Detention Laws
Station house detention places are those that hold specific suspects in police stations so that they may be questioned and interviewed through an investigation of crimes that these persons may be involved in or have participated in with others.
What Can I Do If My Criminal Defense Lawyer Is Not Satisfying Me?
Many instances arise where a criminal defense lawyer is not a good fit with the defendant. While this may not be a common occurrence, it is an important issue that should be corrected quickly.
Ten Steps to Take if You’ve Been the Victim of Identity Theft
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Right to Family during Sentencing
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Requirement for Defendant to be Present when there is a Trial
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ABA Criminal Justice Section
The American Bar Association is a national organization of attorneys dedicated to improving the legal system. The Criminal Justice Section contains news and events for anyone interested in the penal system.
Bureau of Justice Statistics
BJS collects facts and figures relating to crime in the United States. Here you can learn about the prevalence of crimes involving violence, property damage, drugs, human trafficking, identity theft, and more.
Crimes and Criminal Procedures, Title 18 - United States Code
The USC consists of all federal laws in the United States. Title 18 deals with crimes, punishments, and criminal procedure. This searchable online version is presented by Cornell Law School in Ithaca, NY.
Differences between Civil and Criminal Law in the US
This concise essay by Dr. Ronald B. Standler describes how criminal prosecutions and private civil lawsuits differ in terms of protections and potential liabilities for defendants.
Federal Bureau of Investigation (FBI)
The FBI website is a great resource for information about the investigation of terrorism and other federal crimes. The “Most Wanted” section allows visitors to provide tips about victims and fugitives in high profile cases.
Federal Rules of Evidence
Cornell Law School sponsors this indexed version of the court rules governing the presentation of evidence in federal court. These rules apply in criminal and civil cases.
Federal Sentencing Guidelines Manuals
The sentencing guidelines are rules meant to create a uniform system for imposing punishment in federal criminal court. Check back regularly for the latest updates to the manuals.
National Center for Victims of Crime
With so much focus on the accused, the victims of crimes sometimes feel neglected by the system. The National Center for Victims of Crime is designed for victims and advocates looking to engage one another, find support, and spread awareness.
National Criminal Justice Reference Service (NCJRS)
National Criminal Justice Reference Service offers extensive reference and referral services information to support research, policy, and program development to anyone interested in crime, victim assistance, and public safety including policymakers, researchers, and the general public.
Office for Victims of Crime (OVC)
The OVC administers the Crime Victims Fund, providing substantial funding to state victim assistance compensation programs and services that help victims heal. For those looking to pursue a career as a victim’s advocate, the site offers online training and education.
United States Department of Justice
The Justice Department, led by the Attorney General, is the federal agency in charge of enforcing federal laws. Their website is constantly updated with news articles, blog posts, and other criminal justice resources.

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