At common law, there were nine major felonies ( Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, and Burglary) and various misdemeanors (i.e. _ (2015), when a statute does not prescribe a specific mental state, a court will infer the “ mens rea which is necessary to separate wrongful from innocent conduct.” Types of CrimesĬrimes can be generally separated into four categories: felonies, misdemeanors, inchoate offenses, and strict liability offenses.Įach state, and the federal government, decides what sort of conduct to criminalize.

In a criminal prosecution, the government has the burden of proof to establish every element of a crime beyond a reasonable doubt.Īccording to the Supreme Court in Elonis v. In general, every crime involves three elements: first, the act or conduct (“ actus reus”) second, the individual’s mental state at the time of the act (“ mens rea”) and third, the causation between the act and the effect (typically either ' proximate causation' or ' but-for causation'). The statute establishing the offense also establishes the elements of the offense. Elements of a CrimeĪn individual commits a crime if he or she acts in a way that fulfills every element of an offense. The federal government has also codified the specific procedures which must take place during the course of a criminal proceeding in the Federal Rules of Criminal Procedure. For additional Federal Regulations, consult 28 C.F.R. These statutes usually prescribe a maximum sentence appropriate for a convicted individual.

Title 18 designates various conduct as federal crimes, such as arson, use of chemical weapons, counterfeit and forgery, embezzlement, espionage, genocide, and kidnapping. Code with §§ 1 to 2725 dealing with crimes.

Codification of Criminal ProcedureĬongress codified the federal criminal law and criminal procedure in Title 18 of the U.S. While some statutes resemble the common law criminal code, others, like the New York Penal Law, closely mimic the Model Penal Code (MPC). Criminal laws vary significantly among the states and the federal government. Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S. Thus, each state has its own criminal code. Criminal CodesĮach state decides what conduct to designate a crime. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves the government deciding whether to punish an individual for either an act or an omission.Ī “crime” is any act or omission in violation of a law prohibiting the action or omission. Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes.

4 elements of crime