Legal Dictionary: Criminal Law

DEFINITION

• Enacted to prevent harm to society, Criminal Law identifies conduct that is criminal or in violation of society's rules. It also prescribes the imposed punishment for the conduct.

• Criminal sanctions include monetary fines, probation, incarceration or death (depending on the jurisdiction). This differs from civil liability, where the remedy is most commonly monetary damages.

• A crime must be clearly defined in order to pass scrutiny under the federal Constitution, which prohibits the government from taking a person's life, liberty or property without due process of law.

• A crime has four elements that must be proven beyond a reasonable doubt: a voluntary act, a culpable intent or "mens rea," concurrence between the act and intent, and cause of harm.

• Criminal cases can be filed in the local court system (municipal or district), the state court system or federal court. If warranted, criminal cases may also be appealed to the federal court system.

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RELATED PRACTICE AREAS

Real Estate Law
Personal Injury -- Plaintiff
DUI / DWI
Civil Rights

BUZZWORDS

• Beyond a Reasonable Doubt
• Due Process Clause
• Felony
• Mens Rea
• Misdemeanor
• Procedural

For more Criminal Law definitions, visit the Criminal Law Glossary in the FindLaw Legal Dictionary.

PRACTICE AREA NOTES

• Criminal Law attorneys are either prosecutors, i.e., working to prove the government's case beyond a reasonable doubt, or defense attorneys, i.e., defending the rights of the accused.
• Criminal defense attorneys are usually paid on a flat-rate or per case basis, or retainer and hourly fee. It is unethical for a criminal defense attorney to be paid on the contingency that the client is acquitted.