You might have heard the expression “criminal law” before, but unless you went to law school, you might be a bit fuzzy on what exactly it means. Criminal law refers to state and federal crimes and their respective punishments. However, when we’re talking about criminal law, we also include the rights the accused have and the criminal process’s overall framework.
We’ll get into some more detail with all of that right now. If the police ever accuse you of a crime, you’ll want to know what you’re facing and what you might do to defend yourself.
What Exactly is a Crime?
If you’re talking about what criminal law is, part of that conversation must also be about crime and its definition. Crime has two essential elements. Those are the guilty act and the guilty mind.
When you’re talking about the crime itself, that is the guilty act. That means the government establishes something that it considers to be a criminal act, and then you perpetrate that act.
When you talk about an individual’s mental state when they committed that crime, that’s the guilty mind. A person’s mental state while committing the crime might play into how much a court will penalize them. Mitigating circumstances would be another way to say that.
You can visit orentcriminallaw.com to learn more about this.
Defining Crime
It would be a simple matter to say that someone stole something from a store, and they knew it was a crime, so they should face the shoplifting penalty that the law demands. Many times, it is that simple. Still, there are lots of other instances where mitigating circumstances come into play, and a jury will undoubtedly take a close look at those.
The layperson should understand that each crime has its own definition. For a jury to find a person guilty of a crime, the prosecution should establish that this individual’s mindset and actions both fit the crime’s legal description.
Murder is a good example. When a jury convicts an individual of murder, all the members must agree that this person willfully or knowingly caused another person’s death.
Proving that Someone Committed a Crime
In some ways, the system favors the individual charged with the crime. That is because, for a jury to convict them, the prosecution must prove beyond a reasonable doubt that the accused committed that crime.
That phrase “beyond a reasonable doubt” matters a great deal with criminal cases. There might be some degree of circumstantial evidence that suggests someone committed a crime. However, if there are also elements that cast doubt on their guilt, that might be enough for some of the jury members to doubt their culpability.
Beyond a reasonable doubt means that the jury members feel this person committed the crime with absolute certainty. That’s a pretty high conviction threshold. There are many reasons why a jury member might doubt that someone committed a crime, at least to some degree.
Plea Bargaining
There is another element concerning criminal law, and that is plea bargaining. Let’s say that a prosecutor feels that a person committed a crime. They have some evidence that they think establishes that.
However, there are also circumstances or evidence that the prosecutor knows the defense might use to establish reasonable doubt. The prosecutor might then offer a plea bargain, which would be a reduced sentence for lesser charges.
If the prosecution offers a plea bargain, it is for one of two reasons. The first is if they are not sure the case is a slam dunk.
The other is when they know that the trial will take up a lot of time and public funds. With this second scenario, the prosecutor might be okay with letting the defendant cop to a lesser crime so that they can avoid the trial and all the accompanying expenses.
Often, when someone refuses a plea bargain, that irritates the prosecutor. They want fewer cases going to trial, and when someone demands that they get their day in court, that’s not going to make the prosecutor happy since they probably have plenty on their plate already. If the accused is innocent, though, they likely won’t be willing to take the plea for that reason.
These are some of criminal law’s basic elements, but they are far from the only ones. If the cops accuse you of a crime, don’t think that you know enough about the law to represent yourself. You’ll need an experienced attorney to represent and advise you.