Key Takeaways

  • The legal def crime refers to conduct prohibited by law, classified as felonies or misdemeanors.
  • Crimes may be mala in se (inherently wrong) or mala prohibita (wrong because prohibited).
  • Essential elements of a crime typically include an unlawful act, criminal intent, causation, and harm.
  • Crimes are prosecuted by the government and punishments range from fines to imprisonment.
  • Defenses such as self-defense, insanity, and duress may reduce or eliminate criminal liability.
  • Criminal law serves both to punish offenders and to deter harmful conduct within society.

A crime is a wrongdoing classified by the state or Congress as a felony or misdemeanor.

A crime is an offence against a public law. This word, in its most general sense, includes all offences, but in its more limited sense is confined to felony.

The term offence may be considered as having the same meaning, but is usually understood to be a crime not indictable but punishable, summarily or by the forfeiture of a penalty.

Types of Crime

Felony

A felony is a serious crime punishable by at least one year in prison. Some family law felonies include kidnapping and custodial interference (in some states).

People convicted of felonies lose certain rights, such as the right to vote or hold public office. During the term of sentence, the convicted person may also be prohibited from making contracts, marrying, suing or keeping certain professional licenses. Upon release from prison, the convict may also be required to register with the police.

Misdemeanor

A misdemeanor is a crime for which the punishment is usually a fine and/or up to one year in a county jail. Often a crime which is a misdemeanor for the first offense becomes a felony for repeated offenses. All crimes that are not felonies are misdemeanors.

Elements of a Crime

For an act to be considered a crime under the legal def crime, it generally must contain several essential elements:

  1. Actus Reus (Guilty Act): A voluntary physical act or unlawful omission.
  2. Mens Rea (Guilty Mind): The mental state or intent to commit the act, ranging from negligence to deliberate intent.
  3. Concurrence: The act and intent must occur together.
  4. Causation: The defendant’s conduct must directly cause the harm or outcome.
  5. Harm: There must be injury to a person, property, or the public interest.

Without these components, an act may be wrongful but not rise to the level of a criminal offense.

Crime and the Law

Crimes are defined and punished by statutes and by the common law. Most common law offences are as well known and as precisely ascertained as those which are defined by statutes; yet, from the difficulty of exactly defining and describing every act which ought to be punished, the vital and preserving principle has been adopted; that all immoral acts which tend to the prejudice of the community are punishable by courts of justice.

Crimes are 'mala in se,' or bad in themselves, and these include all offences against the moral law; or they are 'mala prohibita,' bad because prohibited, as being against sound policy which, unless prohibited, would be innocent or indifferent. Crimes may be classed into such as affect:

- 1. Religion And Public Worship: 1. Blasphemy. 2. Disturbing public worship.

- 2. The Sovereign Power: 1. Treason. 2. Misprision of treason.

- 3. The Current Coin: 1. Counterfeiting or impairing it.

- 4. Public justice: 1. Bribery of judges or jurors, or receiving the bribe. 2. Perjury. 3. Prison breaking. 4. Rescue. 5. Barratry. 6. Maintenance. 7. Champerty. 8. Compounding felonies. 9. Misprision of felonies. 10. Oppression. 11. Extortion. 12. Suppressing evidence. 13. Negligence or misconduct in inferior officers. 14. Obstructing legal process. 15. Embracery.

- 5. Public Peace: 1. Challenges to fight a duel. 2. Riots, routs and unlawful assemblies. 3. Affrays. 4. Libels.

- 6. Public Trade: 1. Cheats. 2. Forestalling. S. Regrating. 4. Engrossing. 5. Monopolies.

- 7. Chastity: 1. Sodomy. 2. Adultery. 3. Incest. 4. Bigamy. 5. Fornication.

- 8. Decency And Morality: 1. Public indecency. 2. Drunkenness. 3. Violating the grave.

- 9. Public Police And Economy: 1. Common nuisances. 2. Keeping disorderly houses and bawdy houses. 3. Idleness, vagrancy, and beggary.

- 10. Public Policy: 1. Gambling. 2. Illegal lotteries.

- 11. Individuals: 1. Homicide, which is justifiable, excusable or felonious. 3. Mayhem. 3. Rape. 4. Poisoning, with intent to murder. 5. Administering drugs to a woman quick with child to cause, miscarriage. 6. Concealing death of bastard child. 7. Assault and battery, which is either simple or with intent to commit some other crime. 8. kidnapping. 9. False imprisonment. 10. Abduction.

- 12. Private Property: 1. Burglary. 2. Arson. 3. Robbery. 4., Forgery. Counterfeiting. 6. Larceny. 7. Receiving stolen goods, knowing them to have been stolen, or theft-bote. 8. Malicious mischief.

- 13. The Public, Individuals, Or Their Property, According To The Intent Of The Criminal: 1. Conspiracy.

Sources of Criminal Law

Criminal law arises from multiple sources:

  • Statutes: Most crimes are codified in state and federal statutes, which define prohibited conduct and penalties.
  • Common Law: Historically, many crimes developed through judicial precedent and continue to influence interpretation.
  • Constitutions: The U.S. Constitution and state constitutions establish limits on what conduct may be criminalized and guarantee due process rights.
  • Administrative Regulations: Certain regulatory agencies may establish criminal penalties for violations within their jurisdiction

Punishment and Sentencing

The punishment for crime depends on its classification and severity. Felonies can result in state or federal prison sentences, large fines, and long-term restrictions on civil rights. Misdemeanors usually involve local jail time, probation, community service, or smaller fines. Judges may also impose alternative sentences, such as diversion programs, drug courts, or mandatory education, particularly for first-time or non-violent offenders.

Defenses to Criminal Liability

Not all accused individuals are found guilty. Common defenses include:

  • Self-Defense: Using reasonable force to protect oneself or others.
  • Insanity: Arguing the defendant lacked the mental capacity to understand the act.
  • Duress or Coercion: Committing the crime due to immediate threat of harm.
  • Entrapment: When law enforcement induces a crime the defendant would not otherwise commit.
  • Mistake of Fact: Acting under an honest and reasonable misunderstanding of the situation.

These defenses highlight that while the legal def crime establishes prohibited conduct, circumstances can excuse or mitigate liability.

Purpose of Criminal Law

Criminal law serves multiple purposes:

  • Deterrence: Preventing future crime through the threat of punishment.
  • Retribution: Providing justice by ensuring offenders are held accountable.
  • Rehabilitation: Encouraging offenders to reform through education, counseling, or treatment.
  • Public Safety: Protecting the community from dangerous individuals.

By balancing these goals, the justice system enforces the legal def crime while promoting order and fairness.

Frequently Asked Questions

  1. What does the legal def crime mean?
    It refers to conduct prohibited by law and punishable by the government, classified as either a felony or misdemeanor.
  2. What are the essential elements of a crime?
    Most crimes require a guilty act, a guilty mind, concurrence of the two, causation, and harm.
  3. How are crimes punished?
    Punishments vary from fines and probation to imprisonment, depending on whether the crime is a misdemeanor or felony.
  4. Can someone avoid liability if they committed a crime under threat?
    Yes. The defense of duress may excuse a person who committed a crime under immediate threat of harm.
  5. Why does the law punish crimes?
    The purposes include deterrence, retribution, rehabilitation, and ensuring public safety.

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