Criminal law is a legal system that defines criminal offenses, regulates the arrest, prosecution, and trial of suspects, and determines the methods of punishment and handling applicable to convicted persons[I]. Even if the victim is a person rather than a group of people, criminal law is designed to address activity that is perceived to be an offence against society, the state, or the public. Criminal law is a set of federal and state laws that ban activity that the government deems to be damaging to society.

Any act that is against the legal code or laws is defined as a crime. There are numerous forms of crimes, ranging from crimes against people to crimes without victims, violent crimes to white-collar crimes.[II]

Elements of crime

Actus Reus

The term Actus Reus has been derived from the Latin word which means guilty act. An act can be defined as any voluntary or involuntary body movement.[III] For there to be a crime, there must be an “act” in most circumstances. An “Acts” include commission, omission, and possession. The defendant must, however, freely engage in the act to prove actus reus.

Mens Rea

The term Mens Rea has been derived from the Latin word which means guilty mind. The mental component of a crime is known as Mens Rea. To establish responsibility, it is nearly always required to prove a person’s intent to conduct a crime. The rule is that “strict liability cases,” such as those involving negligence, are the exception. A defendant is usually only held responsible for crimes committed with mens rea. That is, the defendant either intended to commit the offence or acted knowingly.

Concurrence

The occurrence of both actus reus and mens rea is required for concurrence. Concurrence in criminal law means that both the criminal intent and the voluntary criminal act must be present and demonstrated. When both the actus reus and the mens rea occur at the same time, this is known as temporal concurrence. Motivational Concurrence happens when mens rea arises first, then the actus reus is motivated.

Causation

Proof of a causal relationship between the act and the subsequent crime is known as causation. Causation, on the other hand, does not imply liability. In reality, causality cannot be established for Inchoate Offenses, which are criminal acts that have been started but not completed.

Classification of crimes

Infractions, misdemeanors, and felonies are the three basic classes of criminal offences under the law. The seriousness of the crime committed distinguishes each criminal offence, which determines its classification. Every criminal offence is assigned characteristics and actions by state legislatures and Congress; as a result, each state’s classification and punishment differ.

Felonies

Felonies are the most serious types of criminal offences, with the worst punishment. Felony charges harm everyone involved in the crime, including the offender and an accomplice. Anyone who assisted the criminal before, during, or after the crime is considered an accomplice.[IV] Felony punishments vary depending on the seriousness of the crime and usually include prison time. Felony jail sentences can range from a year to life in prison without the possibility of release, and in certain cases, execution. Furthermore, felony offenders lose civil rights such as the right to possess a firearm and, in some situations, the ability to vote. Felonies are also difficult to erase, and they frequently remain on a person’s record for the rest of their lives. 

Felonies are categorized into numerous categories and are categorized into violent and non-violent offences. The following are the most prevalent felonies: Rape, Murder, Arson, Violations of drug laws, and Assault on a high level.

Misdemeanor

Misdemeanors are less serious than felonies, either because the level of intent required is lower or because the consequences are less severe. The seriousness of the crime is what distinguishes a misdemeanor from a felony charge. Every state has several misdemeanor levels, which are divided into four or five subcategories. Misdemeanors are classified into four classes: Class 1, Class 2, and Class 4. (Class A-Class D)

Class 1 offences are the most serious and carry the highest penalties. The severity of the offence and the penalty charges diminish as the classes rise. Fines, community service, probation, court supervision, or a short jail sentence are all options for misdemeanor offenders. Misdemeanor jail terms are limited to one year and are served in a county or local jails.

Misdemeanor offenders do not lose their civil rights, except for a few states. Misdemeanor criminals, on the other hand, may find it difficult to find work. Crimes against persons, property, public order, and public safety are all examples of misdemeanor offences. Misdemeanors include the following:  Simple assault, Harassment, Vandalism, Trespassing, Public Intoxication.

Infraction

Minor criminal violations are classified as infractions. The majority of violations are punishable by penalties rather than jail time, and they do not necessitate court appearances. Local offences against traffic or noise infringement rules are categorized as infractions. Even though an infraction is deemed a minor offence, failure to address the penalty charges by the deadline could result in more serious repercussions. The following are examples of infractions: running a stop sign, speeding while driving, Violation of building codes, Littering, Disobeying seat belt laws.

Types of criminal offences

Crimes against persons

Homicide, rape, assault, kidnapping, and intimate relationship violence are some of the most serious crimes committed against people.[V] Depending on the severity of the crime, each of these offences may incur a different penalty. In the United States, personal crimes are unevenly distributed, with young, urban, poor, and ethnic minorities being more affected by and arrested for them than white, middle-, and upper-class persons.

Crimes Against Property

Property crimes are common and are considered less serious than crimes against people. Larceny, burglary, arson, and trespassing are examples of property crimes. Depending on the facts of the case, there are various degrees of responsibility.

Crimes Against Public Order

Public order offences may not cause harm to other persons or property, but they do have an impact on social order. Disorderly conduct, loitering, and driving under the influence are all common examples. Society is the victim, and the purpose is to keep the peace. Crimes against public order might be mild or severe, yet they are often overly punished.

White-Collar Crime

White-collar crimes are less popular in the public eye than other sorts of crime, yet they are more costly to society in terms of overall revenue. Nonetheless, due to a mix of racial, social, and gender privileges, these offences are often the least investigated and prosecuted. White-collar crimes are crimes done by people with high social status who do so in the course of their work. Embezzlement (stealing money from one’s job), insider trading, tax evasion, and other infractions of income tax regulations are all examples of this.

Conclusion

The goal of criminal law is to protect individual rights and to protect the vulnerable against the powerful, the law-abiding against the lawless, and the peaceful against the violent. The state has established particular standards of conduct, as well as sanctions for transgressions, as well as enforcement mechanisms and procedures to safeguard that machinery. As a result, it is the government’s primary responsibility to safeguard the fundamental rights to life and property. There can be no liberty if citizens’ basic rights to life and personal liberty are not protected by the government. India’s people have become increasingly amenable to swift, equitable, and economic justice. The criminal justice system’s sound and efficient operation is essential to the existence of a peaceful society.

References

I- Jerry Norton, Criminal Law, Britannica.

II-Ashley Crossman, 7 Different Types of Crimes, ThoughtCo.

III-What are the types of criminal law, Suddarth & Koor.

IV-Jeffrey Feiler, The Three Basic Classifications of Criminal Offenses, Feiler Law Firm

V-SHANELL SANCHEZ, Different Types of Crimes and Offenses, open orgeon