Criminal law is initiated by the government, on a person or persons who have been accused of an act categorized as a crime. It is important to point out that an act can not be a crime unless a rule or law has been made, which confirms an act as a crime. For instance, recent laws have been passed concerning certain Internet activities that can now be deemed criminal, but in the past weren’t.

A criminal case involves a prosecutor, representing the government, who brings suit against the accused, and a defense attorney who represents the accused.

What constitutes a crime?

A crime is any act or omission of an act in violation of public law. The majority of crimes in the United States are written by either local, state or federal governments. Laws differ considerably from state to state, but there are certain standards that usually encompass all.

The created a set of guidelines, which can only be used for referential purposes, called the Model Penal Code. This code sets standards that are similar in all states. It was developed in 1962 to standardize the penal law of the United States by stimulating and assisting legislatures.

The bad and the more bad

Criminal law encompasses either felonies or misdemeanors.

A felony is the more serious of the two crimes. Usually punishable by imprisonment of a year or more, some felonies are:

• murder
• rape
• fraud
• assault and battery
• abuse-domestic, sexual
• kidnapping
• arson

A misdemeanor is the lesser of the two crimes. Punishable by fines and/or imprisonment of less than a year, some misdemeanours are:

• petty theft
• traffic violations
• trespassing
• vandalism
• prostitution
• public intoxication

Beyond a reasonable doubt

The weight of the criminal trial lies on the prosecution. With the exception of strict liability crimes, all statutes attributed to criminal behavior can be separated into two elements: an act or actus reus and a mental state, mens rea. The sole purpose of a defense attorney is to persuade a jury that the prosecution can not prove these two elements.
If they can’t be proven, a conviction can not be made. The prosecution also has to prove beyond a reasonable doubt that the crime was actually committed by the defendant. Herein lies the basis for almost all defense. Tangible evidence, reliable witnesses and expert testimony must be supplied to prove to the jury there is no reasonable doubt that the defendant is guilty.