In: Physics
CRIMINAL LAW
What if you put your living room furniture on the front lawn while you are having your carpets shampooed. The carpet is not dry by nightfall and you leave the furniture outside overnight. That night someone pulls in front of your house and puts the furniture in his truck and leaves. You make a police report. The furniture is later found by the police and the men who took the furniture claim they thought it was abandoned. Was the furniture abandoned? Explain why or why not using a legal analysis. Some important rules to follow: Try to connect the current discussion to topics from other lessons. Rather than simply reacting to the readings and the responses of your classmates, think about the arguments being made. Really consider the effectiveness of these arguments. “I agree” responses are not useful to the discussion and will not receive credit. You can disagree with a person’s opinions, but you may not attack other people. If you do disagree with the ideas of others, do so in a constructive manner. Instead of asking closed-ended questions looking for a “yes” or “no” or the “right” answer, ask open-ended questions (such as, “Have you thought about . . . ?”)
In this lesson, learn what constitutes criminal law, examine the types of criminal law, and review significant criminal cases to gain an understanding of criminal law in the United States today.
Definition of Criminal Law
Have you ever watched the television show Law and Order? In the popular show, the first portion relates to a crime that was committed. This part of the show focuses on the police and detective work involved in trying to solve the crime and gather evidence to prove their case against the perpetrator of the crime. The second part of the show pertains to the legal system and shows how criminal law applies to the facts. Thus, you will see criminal law in action as it plays out in the courtroom. This program offers a very good insight into the body of criminal law.
Criminal law refers to a body of laws that apply to criminal acts. In instances where an individual fails to adhere to a particular criminal statute, he or she commits a criminal act by breaking the law. This body of laws is different from civil law, because criminal law penalties involve the forfeiture of one's rights and imprisonment. Conversely, civil laws relate to the resolution of legal controversies and involve money damages.
There are various theories for why we have a criminal law system. Neither theory is exclusive or dispositive. The main theories for criminal law include: to deter crime, to reform the perpetrator, to provide retribution for the act, and to prevent further crimes. There is much discussion regarding these theories of criminal law and which policy is best promoted by the body of criminal law.
Types of Criminal Laws
There are two types of criminal laws: misdemeanors and felonies. A misdemeanor is an offense that is considered a lower level criminal offense, such as minor assaults, traffic offenses, or petty thefts. Moreover, in most states, the penalty for the misdemeanor crime is typically one year or less.
In contrast, felony crimes involve more serious offenses. Some examples of felonies include murder, manslaughter, dealing drugs, rape, robbery, and arson. In virtually every state in the U.S., felonies carry a penalty of one year or more, depending upon the particular nature of the offense and the jurisdiction where the felony crime was committed. In addition, every state has a different body of criminal laws which vary from state to state. There are also federal criminal law statutes which apply to every state in the U.S.