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Crime, commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society or the community, as distinguished from torts and breach of contract.
As defined by law, a crime includes both the act, or actus reus, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or acts commanded or enjoined by the law. It is usually inferred from the apparently voluntary commission of an overt act. Criminal liability is relieved in the case of insanity. Legal minors are also relieved of criminal liability, as are people subjected to coercion or duress to such a degree as to render the commission of criminal acts involuntary. In most countries, crimes are defined and punished according to statutes. Punishments may include death, imprisonment, exile, fines, forfeiture of property, removal from public office, and disqualification from holding such office.
Unless the act of which a defendant is accused is expressly defined by statute or common law as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important in establishing the difference between government by law and arbitrary or dictatorial government.
English law formerly distinguished between a felony and a misdemeanour, but this distinction was abolished in 1967, and the significant practical difference now rests on the type of trial applicable for the offence. Crimes can be divided into the most serious, which are triable only on indictment (before a jury), the least serious, which are triable summarily (before magistrates), and those triable either way (before either jury or magistrates).
Civil Law, term applied to the body of private law used in those countries in which the legal system is based on ancient Roman law as modified by medieval and modern influences. Civil law is used in most nations in Europe and Latin America, as well as in some countries in Asia and Africa. The law of the United States, Canada, and a number of other nations is based on English common law, which differs from civil law in origin and other important respects.
The term “civil law” is also employed to distinguish those legal codes that deal with civil relationships (such as citizenship, marriage, divorce, and certain contractual arrangements) from other codes such as those dealing with criminal law and maritime law.
Criminal Law, branch of law that defines crimes and fixes punishments for them. Also included in criminal law are rules and procedures for preventing and investigating crimes and prosecuting criminals, as well as the regulations governing the constitution of courts, the conduct of trials, the organization of police forces, and the administration of penal institutions. In general, the criminal law of most modern societies classifies crimes as offences against the safety of the society; offences against the administration of justice; offences against the public welfare; offences against property; and offences threatening the lives or safety of people.
In England and Wales criminal trials are heard in dedicated courts: the magistrates' court for less serious offences, and the Crown Court for all other offences. Reform of the law is under continuous examination by the Criminal Law Revision Committee, which reports to the Lord Chancellor (the head of the judiciary). The committee recently proposed a draft criminal code to unify all criminal offences in one format, but this has not yet been taken up by the government or Parliament.
In the United States, criminal law has a number of unique features. In many particulars it varies from state to state, for example. Underlying most of the divergences is an identity of standpoint and tradition derived from English common law, which is the origin of nearly all US law. Criminal law also classifies a crime with respect to its gravity, such as treason, felony, and misdemeanour.
Crime Detection, discovery, identification, and analysis of criminal evidence as a means of law enforcement. The responsibility of law enforcement agencies is to detect crimes, apprehend the perpetrators, and provide evidence that will convince judges and juries that the perpetrators are guilty beyond reasonable doubt. To accomplish these aims a variety of methods are used, including reconstructing the crime, collecting physical clues, and interrogating suspects and witnesses.
The methods of detection employed are dictated by the nature of the crime and the procedures permitted by the legal system. Most investigations begin with careful, objective observations that are then assembled, collated, and matched against applicable law. If there is reason to assume that a crime has indeed been committed, further investigation is undertaken using scientific methods and techniques. Technological advances have been incorporated into criminal investigation; for example, analysis of trace clues, such as dust, paint, glass, and other microscopic evidence, is now possible.
Criminal Procedure, legal system for determining the guilt or innocence of a person accused of a crime. In most English-speaking countries, the heart of the system is the presumption of innocence, whereby a defendant is innocent until proven guilty. In any criminal case it is up to the prosecution to prove the elements of the offence which make up guilt. The presumption takes further expression in the right of an accused not to give evidence (see right of silence), the right not to answer questions that might incriminate the answerer, and the right to cross-examine all prosecution witnesses. Similarly, a defendant can only be prosecuted once for an alleged crime (see double jeopardy).
The law in the United Kingdom protects the citizen's rights in the investigative process. The search and seizure of property is governed by rules which generally call for the police to obtain search warrants from magistrates: these are only available when the police can show a reasonable suspicion of the presence of evidence in the property, and they may not be issued for police to undertake so-called “fishing expeditions” on the chance that a householder may have relevant evidence. Arrest powers are also circumscribed, and people held by the police are entitled to certain rights while in custody and being questioned: if these are infringed the prosecution may be prevented from bringing confessions or other evidence into court at the trial.
After an arrest, the suspect must either be released within a set period of time, or charged with an offence. If there is a charge, the accused must be brought before a court as quickly as possible, or released and told when to attend court. The accused is first of all brought to a magistrate's court, which must decide how to deal with him or her. Magistrates should grant bail unless there is a reason for detention, such as the probability of the accused absconding, committing further offences, or interfering with witnesses at the trial. If any of these is likely, the court will remand the accused in custody. Bail may be granted subject to conditions, such as the accused living at a certain address, or keeping a curfew (staying indoors between certain times), or subject to a surety, which is the guarantee of money from a friend should the accused fail to return to court to answer the bail. In England and Wales, a deposit of money may no longer be taken from the accused.
The process of determining the outcome of the case also takes place in the magistrate's court. The vast majority of criminal offences are dealt with summarily by magistrates, who have powers to imprison people for up to six months. Many crimes are triable only summarily and the accused has no choice of where to be tried. The most serious crimes may not be tried by magistrates. For those in between, the magistrates must decide which procedure is suitable, depending on the gravity and complexity of the case, but the accused may always choose to be tried by a jury.
For summary cases and those that the magistrates take as suitable, with the defendant's acquiescence, the trial often proceeds immediately. A notable difference between magistrate and jury trial in England and Wales is that magistrates may leave a case part-heard for some time—even weeks—and return to it when another day is available. Juries hear cases without a break. If the magistrates find the defendant guilty, they may sentence him or her themselves, or if they think the matter too grave for their powers, they may pass it to the Crown Court, which has power to pass more severe sentences. They should not do so unless there is something that became apparent in the course of the trial which makes the case more serious; if it is apparent from the start, they should send the case to Crown Court for trial.
If magistrates cannot or decline to hear the case, or the defendant chooses a jury trial, the magistrates must examine the evidence to see whether there is a case to answer. If there is they commit the defendant for trial. The case need not be proved to their satisfaction; it has only to be possible that it could be proved. Because the test is so easily satisfied, the defence is often content to allow the committal to go through on paper. This also has the advantage that the defence does not have to reveal its case.
The case will then be listed for a trial date in the Crown Court. The defendant remains on bail or remanded in custody. If the case is particularly complex, or if there is a question of law which can or should be resolved before the evidence is heard, there may be a hearing to determine that before the trial itself. The trial in the Crown Court is on indictment: that is, a document drawn up showing the offence with which the defendant is charged. The prosecution must prove everything alleged.
The trial in the Crown Court is controlled by the judge, but attention is directed to the jury, who give the verdict. If the verdict is not guilty, the defendant is released and may not be tried again for the same offence. If it is guilty, the sentence is passed by the judge. In all cases where the judge is considering the possibility of imprisonment, except where the case is so serious that any other sentence is out of the question, a presentence report must be obtained. This report, by a probation officer, describes the defendant's circumstances and recommends a way of dealing with the case, usually by means of a probation order or community service. Psychiatric or medical reports may also be obtained.
After conviction, a defendant may appeal against the verdict and the sentence. Appeals from the magistrate's court go to the Crown Court, where a judge sits with two or more magistrates who did not hear the original case; the appeal amounts to a complete rehearing of the case. Appeals from Crown Court trials go to the Court of Appeal, which looks at what may have gone wrong with the trial.
If the defendant is imprisoned, he or she will usually be released after serving a proportion of the sentence, on parole. For longer-serving prisoners this release is not automatic; a parole board examines the prisoner's disciplinary record in prison, and decides how likely it is that he or she will reoffend. A released prisoner may be liable to be recalled to prison if he or she commits an offence while on parole.
This account is true of the legal system of England and Wales, and its features are present in one form or another in most English-speaking jurisdictions. In most states of the United States the law of procedure is based on the English common law. European jurisdictions have a more inquisitorial system of criminal justice, where the examining magistrates are involved in the investigation of crime, and the trial judges—often more than one—more involved in the examination of witnesses and the direction of the trial. In some jurisdictions the defendant may be required to answer questions.
Criminology, social science dealing with the nature, extent, and causes of crime; the characteristics of criminals and their organizations; the problems of apprehending and convicting offenders; the operation of prisons and other correctional institutions; the rehabilitation of convicts both in and out of prison; and the prevention of crime. The science of criminology has two basic objectives: to determine the causes, whether personal or social, of criminal behaviour, and to evolve valid principles for the social control of crime. In pursuing these objectives, criminology draws on the findings of biology, psychology, psychiatry, sociology, anthropology, and related fields. See the article on Penology for a discussion of correctional institutions, and that on Juvenile Crime for consideration of special problems of young offenders.
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