Murder, rape, burglary. These are what we know today as crimes, but it was not always so. Back times, these were simply offenses against the individual.
It was not until later that concept of crimes against the social order emerged. These crimes are so severe that they are dealt with by separate laws.
If you commit an offense that harms society as a whole, then you will be subject to the penalties determined by criminal law.
If you commit a crime that harms only an individual, then you will be submitted to the penalties established by civil law.
Under the criminal law, a defendant is likely to face jail time, whereas under civil law a financial penalty is a more reasonable punishment.
For a crime to have been committed two conditions need to be present: the criminal must have had criminal intent and they have to have undertaken the act.
Mens rea is the legal term for criminal intent, and actus reus is the legal term for having committed the act.
Some rare crimes do not need these two conditions to be present, and these are crimes of strict liability. With these crimes, it does not matter whether there was intent or not.
State statutes, case law and federal statutes are the three top ways that crimes are defined. Of these, the most interesting are case law.
Case law emerges from particular trials, where judges publish their rationale for rulings. These opinions serve as precedents for future cases. However, precisely what constitutes a crime is sufficiently broad for defense lawyers to make arguments case by case.
Some elements include a criminal offense and in the criminal justice system, the main thing that is debated in the trial courtrooms nationwide is whether each of these elements was present.
This holds true whether the trial is in the state courts, federal courts, or appropriate state criminal courts.