For more information on criminal law, see this article from the Florida State University Law Review, this article from the Harvard Law Review, and this article from the Boston College International and Comparative Law Review. Each state decides what conduct is called a crime. Thus, each state has its own penal code. Congress also decided to punish certain conduct and codify federal criminal law in Title 18 of the U.S. law. Criminal laws vary widely between states and the federal government. While some laws are similar to the common law penal code, others, such as the New York Penal Code, mimic the Model Penal Code (MPC). The principle of criminal law, known as the double punishment rule, states that no one shall be punished more than once for the same crime and that no one shall risk being convicted twice. This means that a person who has been charged, tried and acquitted cannot be charged again on the same issue. Often, however, a new trial is ordered if, for example, an appeals court overturns a conviction or if the first trial resulted in a jury or trial error. Each state and the federal government decide what kind of behavior is criminalized. At common law, there were nine serious crimes (murder, robbery, manslaughter, rape, bestiality, theft, arson, chaos and burglary) and miscellaneous offences (assault, assault, false incarceration, perjury and jury intimidation).

The foundation of our criminal justice system is that, even if a person is charged with a crime, he or she is presumed innocent until proven guilty. The judge, judge or jury may need to be satisfied beyond a doubt that the person is guilty. In case of reasonable doubt, the person must be acquitted (i.e. found not guilty). Congress codified federal criminal law and criminal procedure in U.S. Title 18. Code with §§ 1 to 2725 on criminal offences. Title 18 refers to various behaviors as federal crimes, such as arson, use of chemical weapons, counterfeiting and tampering, embezzlement, espionage, genocide, and kidnapping. These laws generally prescribe an appropriate maximum penalty for a convicted person. For other federal regulations, see 28 C.F.R. There are a number of defenses available to a defendant in a lawsuit. The following list illustrates some common defences invoked by individuals: This rule applies to all criminal proceedings, although it is sometimes up to the defendant to testify on a particular point of the defence.

For example, for crimes that prohibit a certain act « without reasonable excuse, » the defendant must apologize, even if the onus is on the prosecutor to prove that the apology is not appropriate. The United States Code is much broader than the common law. Yet Congress has limited powers to enact criminal laws. Because this power is usually reserved for states, state criminal codes, such as the New York Penal Code, are much more complicated than the U.S. Penal Code. New York criminal law prescribes nine levels of offenses, ranging from fourth-degree mortgage fraud to terrorism. Criminal law sets out four important principles. These principles are briefly set out here and discussed in more detail later in this topic and in court proceedings – criminal cases. A person commits a crime when he acts in a way that fulfills all the elements of a crime. The law defining the offence also sets out the constituent elements of the offence. In general, each offence has three elements: first, the act or conduct (« actus reus »); second, the mental state of the individual at the time of action (« mens rea »); and third, causality between action and effect (usually either « immediate causality » or « but for causality »).

In the case of law enforcement, the government has the burden of proof to establish all the elements of a crime beyond a doubt. The Federal Government has also codified in the Federal Code of Criminal Procedure the specific procedures that must take place in criminal proceedings. A law cannot simply punish a person for his or her status. Like the Supreme Court in Robinson v. California, 370 U.S. 660 (1962), any law that criminalizes the status of a person imposes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. For example, a state might not punish a person for « being homeless, » which would be a status offense, but punish a homeless person for trespassing or loitering, which involves certain behavior. The amendments to the Criminal Procedure Act of 1921 (arts. 141-148) mean that double punishment no longer applies to serious crimes such as murder, manslaughter and aggravated rape, provided certain circumstances are met.

There are two situations in which a person can be tried again for a crime for which he or she has already been acquitted: Innocent until proven guilty (presumption of innocence) To convict an accomplice, the prosecutor must prove the required actus reus and mens rea. This means that the prosecutor must prove that the accomplice acted in support of the perpetrator and that he had the required mental state. It is important to note that some jurisdictions allow the prosecution of accomplices, regardless of the main offender. Thus, an accomplice could be convicted of a more serious crime than the client. In some jurisdictions, an accomplice may be convicted while the alleged perpetrator is acquitted. The task of the Public Prosecutor`s Office is to prove the guilt of the person accused of an offence (the accused). For the accused to be convicted of a crime, this must be proven beyond a doubt. It is not up to the accused to prove his innocence. A « crime » is any act or omission that violates a law that prohibits the act or omission. Offenses can generally be divided into four categories: felony, misdemeanor, immature offenses, and strict liability offenses. In general, a person is not obliged to answer questions from the police. However, there are some exceptions to this rule.

The main exception is that a police officer may request the name and address of a person who has committed an offence or whom he has reason to believe has committed or will commit an offence, or of a person who could assist in the investigation of a criminal offence or alleged offence [Summary Offences Act 1953 S 74A].