criminal law, the branch of law that defines crimes, treats of their nature, and provides for their punishment. A tort tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract . When such a duty is breached, the injured party has the right to institute suit for compensatory damages .
..... Click the link for more information. is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offense committed against the public, even though only one individual may have been wronged. The real distinction lies in the way a remedy for the wrong is pursued. A tort is a wrong for which the remedy is pursued by, and at the discretion of, the injured individual or his or her representative, while a crime is a wrong for which the wrongdoer is prosecuted by the state for the purpose of punishment. However, the fact that a particular act has been or may be prosecuted as a crime does not necessarily preclude an injured party from seeking recovery from the offender in a civil action.

For an account of criminal law in ancient and medieval times, see composition composition, in ancient and medieval law, a sum of money paid by a guilty party as satisfaction to the family of the person who was injured or killed. Failure to make the payment might justify retaliation in kind against the offender or his family.
..... Click the link for more information. ; vendetta vendetta (vĕndĕt`ə) [Ital.,=vengeance], feud between members of two kinship groups to avenge a wrong done to a relative.
..... Click the link for more information. . See also military law military law, system of rules established for the government of persons in the armed forces. In most countries the legislature establishes the code of military law.
..... Click the link for more information. ; martial law martial law, temporary government and control by military authorities of a territory or state, when war or overwhelming public disturbance makes the civil authorities of the region unable to enforce its law.
..... Click the link for more information. ; international law international law, body of rules considered legally binding in the relations between national states, also known as the law of nations. It is sometimes called public international law in contrast to private international law (or conflict of laws ), which regulates
..... Click the link for more information. ; piracy piracy, robbery committed or attempted on the high seas. It is distinguished from privateering in that the pirate holds no commission from and receives the protection of no nation but usually attacks vessels of all nations.
..... Click the link for more information. ; war crimes war crimes, in international law, violations of the laws of war (see war, laws of ). Those accused have been tried by their own military and civilian courts, by those of their enemy, and by expressly established international tribunals.
..... Click the link for more information. .

Classification of Crimes

Crimes are usually classified as treason treason, legal term for various acts of disloyalty. The English law, first clearly stated in the Statute of Treasons (1350), originally distinguished high treason from petit (or petty) treason. Petit treason was the murder of one's lawful superior, e.g.
..... Click the link for more information. , felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor , that is so declared in statute or was so considered in common
..... Click the link for more information. , or misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony . At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent.
..... Click the link for more information. . The fundamental distinction between felonies and misdemeanors rests with the penalty and the power of imprisonment. In general, a misdemeanor is an offense for which a punishment other than death or imprisonment in the state prison is prescribed by law. The term "degree of crime" refers to distinctions in the culpability of an offense because of the circumstances surrounding its commission. Crimes are sometimes divided according to their nature into crimes mala in se and crimes mala prohibita; the former class comprises those acts that are thought to be immoral or wrong in themselves, or naturally evil, such as murder, rape, arson, burglary, larceny, and the like; the latter class embraces those acts that are not naturally evil but are prohibited by statute because they infringe on the rights of others (e.g., acts in restraint of trade that have been made criminal under antitrust legislation).

Defining Crimes and Setting Punishment

In the United States, the power to define crimes and set punishment for them rests with the legislatures of the United States, the several states, and the territories, the principal authority being that of the individual states. This power in the states is restricted by the federal Constitution, e.g., in the Fourteenth Amendment and in prohibitions against acts of attainder (an act of attainder is a legislative declaration that a particular individual is guilty of a crime) and against ex post facto laws (laws that retroactively declare certain actions to be criminal). State constitutions may also limit state legislative action. The courts cannot look further into the propriety of a penal statute than to ascertain whether the legislature has the power to enact it. Administrative rules may have the force of law, and violations of such rules are punishable as public offenses, provided that the legislature has made such violations misdemeanors.

A common-law crime is one punishable under common law, as distinguished from crimes specified by statute. In many U.S. jurisdictions, including some in which comprehensive criminal statutes have been enacted, the common law in relation to crimes and criminal procedure has been recognized by the courts as in force, except insofar as it has been abrogated or repealed, expressly or impliedly, by statute. Thus the state may prosecute crimes that were indictable at common law even though they may not be denominated as such or be provided for by statute. In many other jurisdictions the courts have held the common law as to crimes as being abolished, and no act is punishable as a crime unless it is made so by statute, or unless the act is made punishable as a crime by the constitution. Criminal procedure is entirely regulated by statute. There are no common-law offenses against the United States, and one may be subject to punishment for crime in a federal court only for the commission or omission of an act defined by statute or regulation having legislative authority, and then only if punishment is authorized by Congress. In general, crimes must be defined in a penal statute with appropriate certainty and definiteness; the constitutional requirement of due process of law is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that the contemplated conduct is forbidden by the statute.

Except as otherwise provided by statute, to constitute a crime an overt act (actus reus) must be accompanied by a criminal intent (mens rea) or by such negligence as is regarded by law as equivalent to a criminal intent. Motive, or that which leads or tempts the mind to indulge in a criminal act, as distinguished from intent, is neither a crime nor an essential element of a crime. The motive with which an offense was committed is immaterial. Proof of motive may be material in proving that the defendant committed a particular crime, but it is not essential to a conviction.

The Right to a Defense

Every accused has the right to any and all defenses the law recognizes and permits—e.g., insanity, mistake of fact, or self-defense. An accused having the right to resort to several defenses may make an election as to the one on which he or she will rely. The fact that one undertakes a crime on the advice, or as the agent, of another is not a defense; on the other hand, except in the case of homicide homicide (hŏm`əsīd), in law, the taking of human life.
..... Click the link for more information. , an act that would otherwise constitute a crime may be excused when committed under duress or compulsion that is present, imminent, and impending, and that produces a well-grounded apprehension of death or serious bodily harm if the act is not done (see coercion coercion, in law, the unlawful act of compelling a person to do, or to abstain from doing, something by depriving him of the exercise of his free will, particularly by use or threat of physical or moral force.
..... Click the link for more information. ). Religious belief is not ordinarily a justification or excuse for the commission of a crime (see bigamy bigamy (bĭ`gəmē), crime of marrying during the continuance of a lawful marriage.
..... Click the link for more information. ).

Criminal Procedure

The procedure in criminal cases is substantially the same throughout the United States. The person suspected of crime is taken into custody by a police officer, sometimes by service of a warrant warrant, in law, written order by an official of a court directed to an officer. The search warrant and the warrant of arrest are the most frequently used types.
..... Click the link for more information. of arrest. If the crime is serious, the case is first presented to a grand jury, which draws up an indictment indictment (ĭndīt`mənt), in criminal law , formal written accusation naming specific persons and crimes.
..... Click the link for more information. if there is sufficient evidence to justify trial; otherwise it discharges the accused. While action is pending, the party charged may be released on bail bail, in law, procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to insure his submission at the required time to legal authority.
..... Click the link for more information. . Trial is by jury or before a judge alone if a jury is not required, or if the defendant consents. The government presents its case (i.e., attempts to prove the allegations of the indictment), through the public prosecutor, usually called the district attorney, while the accused is represented by counsel that he or she has chosen or that the court has appointed. The legal presumption of innocence puts the burden of proving guilt beyond a reasonable doubt on the prosecution, unless, of course, the defendant pleads guilty to the charge. Special rules restricting the introduction of evidence evidence, in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
..... Click the link for more information. in criminal trials further protect the defendant. If the accused is found or adjudged innocent, he or she is discharged; if the accused is found guilty, the judge pronounces sentence sentence, in criminal law, punishment that a court orders, imposed on a person convicted of criminal activity. Sentences typically consist of fines, corporal punishment , imprisonment for varying periods including life, or capital punishment , and sometimes combine
..... Click the link for more information. . (For types of criminal penalties, see capital punishment capital punishment, imposition of a penalty of death by the state.

History

Capital punishment was widely applied in ancient times; it can be found (c.1750 B.C.) in the Code of Hammurabi.
..... Click the link for more information. ; corporal punishment corporal punishment, physical chastisement of an offender. At one extreme it includes the death penalty (see capital punishment ), but the term usually refers to punishments like flogging, mutilation, and branding. Until c.
..... Click the link for more information. ; prison prison, place of confinement for the punishment and rehabilitation of criminals. By the end of the 18th cent. imprisonment was the chief mode of punishment for all but capital crimes.
..... Click the link for more information. .) If the defendant is convicted, an appeal appeal, in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
..... Click the link for more information. may be filed; the prosecution, however, cannot appeal an acquittal. Generally speaking, this procedure is confined to felonies; misdemeanors, being relatively less serious offenses, are handled in a more summary fashion. It is generally accepted that no court will enforce the criminal law of another jurisdiction, but by means of extradition extradition (ĕkstrədĭsh`ən)
..... Click the link for more information. a fugitive from justice may be delivered to the competent authorities.

Bibliography

See G. Williams, Criminal Law (2d ed. 1961); W. J. Chambliss, ed., Crime and the Legal Process (1969); S. H. Kadish, Criminal Law and Its Processes (1969).

criminal law

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime. In the U.S., substantive criminal law originated for the most part in common law, which was later codified in federal and state statutes. Modern criminal law has been affected considerably by the social sciences, especially in the areas of sentencing, legal research, legislation, and rehabilitation. See also criminology.