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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BUZZWORDS

Beyond a Reasonable Doubt - The standard in a criminal case that must be met by the prosecution in order to convict the defendant. It means the evidence is fully satisfied, all the facts are proven, and guilt is established.

Due Process Clause - The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty or property.

Felony - A serious crime, usually punishable by imprisonment for more than one year or by death.

Mens Rea - An element of criminal responsibility, mens rea is Latin for "guilty mind." Must be established to prove criminal liability.

Misdemeanor - A crime that is less than a felony. Punishment generally includes a fine, penalty or forfeiture but usually not incarceration. Under federal law and most state law, any offense other than a felony is classified as a misdemeanor.

Procedural - The rules that prescribe the steps for having a right or duty judicially enforced. The "how to" of Criminal Law, including rules and procedures.

RICO (Racketeer Influenced and Corrupt Organization Act) - A federal (or state) law designed to investigate, control and prosecute organized crime, and to combat the infiltration of organized crime into legitimate business.

Search and Seizure - The body of law that covers the issues of examining a person's property with the intention of finding evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizure).

Substantive - The part of law that creates, defines and regulates the rights and duties of the parties. The "what" of Criminal Law.

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.