Who Makes Criminal Laws?

State legislatures and the U.S. Congress enact criminal laws. State courts have traditionally made criminal laws based on the common law (judge-made law) inherited from England.

The modern trend is for the legislature, rather than the courts, to make criminal law.

Most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within a state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors.

Federal criminal laws deal with:

• Federal property
• Federal employees
• Federal taxes
• Receipt of federal benefits
• Federally guaranteed civil rights
• Crimes involving interstate commerce (transporting goods or individuals across state lines)

For example, it’s a federal crime to rob a U.S. Post Office or to assault a federal employee.

What are the Kinds of Crimes?

Crimes are divided into two main categories - felonies and misdemeanors - depending on the crime’s seriousness and the length of punishment.

Felonies are crimes generally punishable by more than one year’s imprisonment. You have the right to a jury trial when charged with a felony crime. The common law felonies include:

• Murder
• Rape
• Robbery
• Burglary
• Kidnapping
• Treason

Misdemeanors are crimes generally punishable by less than one year’s imprisonment.

You have the right to a jury trial when charged with a misdemeanor if the crime is considered serious enough.

The common law system of dividing crimes into felonies and misdemeanors is gradually being replaced with newer systems based on statutes enacted by legislatures.

Many of these newer systems are based on a model law called the “Model Penal Code,” which classifies crimes by “degree.”

First-degree crimes include the most serious crimes like:

• Murder
• Sexual assault
• Kidnapping

Fourth degree crimes include the least serious crimes like mischief.

The Model Penal Code also recognizes criminal conduct less serious than crimes, such as offenses and violations.

Approximately 22 states have adopted some variation of the Model Penal Code.

What are the Elements of Crimes?

Basic Elements

Crimes (except for strict liability crimes) have two basic “elements” (things the prosecutor has to prove to convict the defendant) - a guilty mind and a guilty act.

A crime is committed when a person commits a guilty act accompanied by a guilty mind.

The Model Penal Code uses the following terms to describe the actor’s state of mind:

• Purpose
• Knowledge
• Recklessness
• Negligence

Specific Elements

Crimes also have specific elements that are contained in the definition of a crime. For example, a murder is an intentional killing of a human being. The elements are that the accused must have (1) purposely or knowingly (2) caused a death (3) of a human being. To obtain a conviction, the State must prove all of the elements of a crime “beyond a reasonable doubt“.

Author: Sherrie Bennett is the former director and staff attorney at the University of Washington Student Legal Services in Seattle.

Crime in 21st Century

by: Chris Jacob

This seemingly faceless and non-violent from of criminal activity has hit home for many of us in the community in recent months with the child pornography scandal. Many people have been taken into custody and many computers confiscated. Regardless of how people try and justify things, there is no excuse for either possessing images or participating in these vile acts. This is a disgusting element in our society that has grown into a worldwide industry with millions of dollars changing hands. The only real way to stop this perpetuating, is to stop the demand for it because, it is as always the most vulnerable that are being exploited. Additionally in countries with less stringent laws and policing systems it is harder to protect the kids. While we live in a country where dobbing or “whistle blowing” is never looked upon very favourably, I think all of us realise that we have a fundamental responsibility to protect those who cannot otherwise defend themselves.

With movies like Ocean’s 11, the idea of robbing a casino seems romantic and almost possible. Only now, rather than seeking control of real casinos, “gangsters” are extorting cash from virtual casinos which are the fastest growth sector of gambling. The first known wave of threats came last September, with cyber-mafia using massive spam attacks to slow betting sites. The major weapon of choice is Denial of Service (DOS) attacks as online betting sites are bombarded with requests rendering it to the point of collapse. Then a message is sent to the site demanding a sum of money in exchange for stopping the attack. Alarming one CEO has already stated, “I think everybody who has been attacked has paid.”

However, it is not all bad news, as some technology is designed to catch the criminals instead of aid them. “I feel safer doing my killing in home state” was a quote from a US serial killer prior to his execution. Law enforcement officers now have a new computer tool at their disposal which tracks criminals based on geography with stunning results. Coming from Canada and the US in the last decade a software program has been developed which documents information like where bodies were discovered, last know sighting of victims, etc. and then using thousands of calculations and prior criminal cases produces a coloured 3D map of where the perpetrator most likely resides. It one particular case not only did it pinpoint the murderer’s house within a block, it predicted his race, employment and marital status. At worst it at least gives Police a good place to start door knocking.