Criminal Liability
Criminal law is the body of law that governs behavior that is criminal (and, often, civil laws as well). Criminal behavior is defined by individual states’ laws, and these may vary widely between and even inside different states in terms of what kinds of behavior are considered criminal and what kinds of behavior are not. Generally, criminal behavior is defined as conduct that is morally wrong, such as theft, violence, assault, hate crimes, child pornography, scam, etc. Criminal behavior also includes the actions of criminals against property, the proceeds of crime, and victims. In a broader sense, criminal behavior also includes the social relationships that cause crime, such as prejudice, stereotyping, and power/ability relationships. Even in the context of questions of what kinds of behavior are criminal, a majority of answers involve considerations of individual intent or intention.
What kind of actions are considered criminal? Common criminal offenses include homicide, burglary, arson, assault, embezzlement, solicitation, auto theft, sex crimes, vehicular homicide, narcotic sales/possession, drug abuse, robbery, identity theft, kidnapping, and homicide. Many crimes have both criminal intent and criminal conduct. Some crimes only have criminal intent; such as grand larceny, which involves stealing an item with the intent to resell it, for personal gain, or to make illegal entries into a structure or vehicle.
In contrast, some criminal laws have clear criminal intent but lack criminal conduct. Criminal acts may include assault, murder, arson, torture, robbery, carjacking, rape, sexual assault, petit larceny, possession of drugs/chemicals for illegal purposes, conspiracy, racketeering, fraud, etc. Other crimes, such as those mentioned above, have both elements of criminal intent and conduct. For example, killing is a crime, but the element of intent can be inferred from what the person intended to do, such as robbing a bank.
When a person is charged with a crime, there is typically an element of proof that will help establish liability. This requires the prosecution to prove that the defendant actually committed the crime charged. However, even when there is proof of criminal liability, there may still be defense attorneys who attempt to show that the defendant did not actually commit the act charged. If this happens in a criminal case, the burden of proving that the defendant did not commit the act rests on the prosecuting attorney.
It’s important to understand that criminal and civil law differ greatly. Civil law is not criminal law. Civil law is the area of the law where the state and federal governments engage in civil litigation. Civil law is very broad and includes all kinds of disputes, such as disagreements over the meaning of contract, property ownership, divorce, child custody, etc. Unlike criminal law, there is no such thing as “innocent until proven guilty.” Civil law exists to settle disputes instead of proving guilt beyond a reasonable doubt.
Criminal punishment is legally sanctioned through the criminal process. The criminal procedure, also called the justice system, is designed to provide justice and punishment for those who break the law. Criminal defendants are usually tried in criminal court and convicted by a jury. The jury determines guilt and then provides a verdict of either a guilty or innocent verdict.
Criminal defendants, including persons accused of murder, rape, burglary, embezzlement, vehicle theft, arson, kidnapping, torture, sexual abuse, domestic violence, hit and run, petit larceny, theft, arson, self-defense, anger, assault, flirting, etc., can be found in a municipal or county court. Criminal charges are filed against the suspect by any member of the local law enforcement agency, including the police, sheriffs, state troopers, Bureau of Investigation, state auditors, state inspectors, probation officers, corrections officers, or forensic accountants. Criminal defendants can be convicted of criminal behavior, even if they committed their crimes out of commission. If a defendant is convicted of criminal behavior, he will be required to pay fines, undergo mandatory rehabilitation, undergo drug or alcohol tests, attend anger management classes, perform community service, or enroll in an ordered counseling program. Some states also allow the courts to impose additional punishment for criminal behavior.
The penalties for criminal liability vary from state to state. For example, in the State of Minnesota a person who kills another person when that person commits a crime against him or herself also faces criminal liability. However, a person who kills another when that person commits a sexual offence against him or herself does not necessarily face criminal liability. A person charged with homicide, manslaughter, felony murder, capital murder, first degree murder, second degree murder, intentional homicide, sexual homicide, sodomy, kidnapping, sexual assault, forcible rape, kidnapping or sex offenders are required to serve at least part of their prison term in jail.
