Understanding Criminal Law

Criminal law is the study and practice of law related to criminal offenses. Criminal trials result in more severe punishment than civil law suits. In the beginning, civil and criminal law were practiced and judged in very much the same way. Today, the practice of criminal law is designed to discourage criminals by punishing those commit a crime, thereby hoping to deter potential criminals from committing the same crime.

At the very least, incarcerating criminals will mean they are not on the street to commit future crimes. At best, the criminal justice system hopes to rehabilitate criminals so they will not commit another crime. In some cases, criminals are required to pay the victims of a crime or the family of the victim. The amount will be determined by what is stolen from the victim or by a fee established by a jury.  

The roots of a crime can be separated into two categories: The act itself and the intention to commit the act. An attorney must prove that a criminal intended to commit the crime, e.g., the criminal killed the victim with purpose. If there was no intention or ‘guilty mind’, as in the event someone accidently causes the death of another person, then the punishment is not as harsh. If the attorney can prove a ‘guilty act’ and a ‘guilty mind’, the punishment will be more severe.

Criminal offenses can include personal offenses, as in assault and battery or rape, property offenses as in robbery and trespassing, fatal offenses as in murder or the lesser offense of manslaughter or in some instances participatory offenses where a criminal is accused of aiding and abetting a crime or criminal.  

More serious crimes are considered felonies (rape, murder), while the less serious crimes are considered misdemeanors (petty theft). Criminal offenses are prosecuted by the government on behalf of the people who live in the state or country. Civil suits are filed by the individual or business making the claim and represented by a lawyer who prosecutes the case on behalf of the individual or business. All law suits, whether criminal or civil are brought in response to violation of a crime as defined by the laws of the local, state or federal government.