Criminal Law

The term criminal law refers to any of various rules where a violation of the rule involves incarceration, or prison time. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), fines and or other monetary penalties. We can all name most of the major crimes, like murder, robbery, assault and similar offenses, but many other activities can lead to criminal prosecution, like securities fraud, accounting fraud and most other frauds. Often violation of an administrative rule can become a criminal matter, depending on the nature and extent of the violation.

Criminal laws are enforced by the government, civil laws are enforced by the parties. The government is represented by a district attorney, or a "prosecutor" and the person accused of the crime, the "defendant" is represented by his own criminal defense lawyer. Criminal defense is a very specialized area of law, and many lawyers spend their entire time representing criminal defendants, to the exclusion of other types of work. Many criminal defense lawyers were prosecutors before they became criminal defense lawyers.

Virtually every criminal law violation can be prosecuted by a private party as a civil case, where the punishment would be money, rather than jail. The civil law counterpart to a crime is usually called a "tort" and there are many attorneys who specialize in "tort law."

Overview of Criminal Law from Wex -Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit.

Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments.

Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking).

Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

Articles and Commentary
What To Do If You Are A Victim Of A Crime
Your rights, how to get help, and much more information for crime victims.

Date Rape Information
Friends raping friends. Could it happen to you or your children?

Seizure of Computer Guidelines
From the federal government, law enforcement's guidelines to search and seizure of computers and computer related equipment. A bit technical, but an excellent overview of what the government will, and will not, seize if they suspect criminal Overview of the Law of False Imprisonment

Always On, Always Open to Attack
You have DSL or cable internet access--two of the biggest, baddest, broadest pipes to the Internet a consumer can have. And you don't have to wait for dial-up and disconnect dialog boxes because your Internet connection's always on. Convenient? You bet it is. But it also makes you susceptible to port- Taking the 5th
The author gives guidance to lawyers on the subject of how taking the Fifth differs in civil cases. How can invoking it be used against someone? Lawyers should understand the limits on its use and how to neutralize its effects.

That’s where the money is
The principal crimes involving financial institutions affect those whose deposits are insured by federal agencies. The cases range from bank robbery to bank fraud (with the banks as perpetrators, not victims, of the criminal conduct). You know, things like money laundering and a whole range of other crimes

When the SEC comes knocking
The SEC generally regulates by deterrence since it has so few staff lawyers. But when it brings a criminal case, it handles enforcement through the Department of Justice. So which cases run a high risk of prosecution? Should a deal be cut? The authors conclude by discussing "process violations."

Cyber Defense Used in Michigan Murder Trial
Web site set up to proclaim innocence of defendant and accuse prosecution of misconduct.

Policy Covers Drive-By Shooting, Connecticut Superior Court Rules
Insurance company must pay victim of drive by shooting

Hacker Pleads Guilty in NASA Case
A 20-year-old computer hacker pleaded guilty to federal charges of infiltrating sensitive computer systems, including those at Stanford University and NASA's Jet Propulsion Laboratory in Pasadena.

Criminal Procedure Outline
A law student study outline to the criminal procedure law. Not criminal law, but the procedures surrounding criminal law. Search and seizure, the Fifth Amendment. A quick, dirty overview of the area.

Criminal Law Outline
Law students use them to learn the law. You can use them to get an overview of the law. Law student outlines

A Driver's Guide to DWI
A California attorney explains it all

Child Homicide

Overview of the Criminal Law
Overview of the Criminal Law.

Common Errors to be avoided during arrests and custody.

What are My Rights if the Police "stop" me and ask questions?

What are my rights if the Police approach me and ask me questions?
An interesting link.

What are my rights if arrested by the police?

When can I be arrested?

If I am arrested, what will the police do?

What are my rights in court?

What are my rights if arrested?

Criminal Justice Handbook
For those arrested for a crime, an excellent overview of the entire criminal process, from the New York County Lawyers Association

Death Penalty Net
The death penalty is not always the answer. This site explains why

ACLU Criminal Justice Index

CataLaw Criminal Materials

Justice Information Center

Criminal Law Resources from Hieros Gamos

Criminal Law Resources from Findlaw

The Civil Rights Code of the United States (Title 42, Section 21)
An interesting link

Featured Books

Criminal Law Law Blogs:

CrimProf Blog

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LAPD's Fingerprint Lab Isn't Up to the Task
Late on the morning of April 14, 2006, a troubling letter rolled off the fax machine in the harried, disordered fingerprint unit of the Los Angeles Police Department. Months before, one of the unit's print specialists had determined that several...

Tenth Circuit's Construction Narrows Federal Sex Offender Registry Law
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Ninth Circuit Holds CA Child Abuse Index Violates Due Process
California's Child Abuse Central Index, a database of known or suspected child abusers, violates procedural due process in failing to give listed persons a fair opportunity to challenge the allegations against them and obtain delisting, the U.S. Court of Appeals...

When a Gun Isn't a Gun?
U.S. attorneys had a conundrum on their hands -- they had the evidence to prove a convicted felon was in possession of a gun, but they couldn’t prove the gun was a gun. What attorney’s had on their hands was...

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