US Criminal Law
The law of United States, though largely derived from the common law system of English law, follows the United States Constitution. In the area of criminal law, similar laws are enacted by almost all states. This is particularly true in case of higher crimes like murder or rape. However the penalties enacted by the states for such crimes may vary. It is very important to note that public welfare offenses vary greatly from one state to another. Where one state may punish a merely risky person, other states may choose to punish only those with injurious behaviors. You can easily notice this difference with regard to drunken driving laws in different states across USA.
Criminal Law, also knows as Penal Law is defined as, “the body of statutory common law that deals with crime and legal punishment of criminal offenses. In short, it involves prosecution by the government of a person for an act classified as crime in that state. In this context, it is important to point out that cases involving individuals and organizations seeking to resolve legal disputes are civil cases and not criminal cases. It is the victim here who brings out the suit while in a criminal case; it is the prosecutor of the state that files suit. The penalty levied also varies widely in both these cases. While in civil case, the liable person may only need to give up his property or money, in a criminal case, he could be incarcerated. The four major theories of criminal justice – punishment, deterrence, incapacitation and rehabilitation – help us to distinguish it from civil law.
Any act or omission of any act in violation of a public law forbidding or commanding it can be termed as a “crime”. Under U.S. criminal law, provisions have been laid down for common punishment. They prescribe the rules and regulations that should be followed by public in order to observe and maintain a high standard of conduct. The common public should abide by these to help them serve the nation better. As per the U.S. constitution, certain crimes can be classified as “strict liability crimes”. Drug abuse and weapon offenses are examples of this. Here the act of the offender itself is enough to buy the culprit punishment without fail. There are other crimes classified as “inchoate crime laws”. Conspiracy, terrorism and sexual harassment are its examples. Any person found to be aiding the planning and execution of such crimes are subjected to the same penalties as the person who actually committed it.
Criminal law gives immense importance to the cause of any criminal act. The cause could be direct cause or a legal cause or an intervening cause. At the end of the day, the society requires such criminal to be punished for whatever crime he or she has committed and the penalties should be harsh enough to keep them at bay in future. So you can see how important a role criminal law plays in our society today as a fundamental system to regulate the behavior of individuals as well as groups as required by our social norms.
