NCJ Number
95593
Date Published
1984
Length
43 pages
Annotation
Substantive and procedural criminal laws and their relationships to the law violator are described.
Abstract
Substantive criminal law in each State and in the Federal system defines the conduct proscribed and the punishment imposed for inchoate crimes; crimes against persons and property; crimes involving drugs and narcotics, gambling, fraud, family relations, and morals; offenses against the government; and miscellaneous other offenses. Crimes are principally classified as felonies or misdemeanors. Felonies are punishable by fines or imprisonment of 1 year or more; misdemeanors are punishable by a fine and/or jail time of not more than 1 year. Before a person can be charged with a crime, the State, as plaintiff, must prove essential elements (the necessary act and the culpable state of mind). Once suspects enter the criminal justice system, they are protected by various safeguards guaranteed by Federal and State constitutions; for example, the defendant's right to counsel has been expanded to offer protection at all stages of the criminal justice system. An accused can gain pretrial release from jail in the following ways: release on personal recognizance, posting the full amount of the bail in cash, posting 10 percent of the bail in cash, and obtaining monetary bail from a bondsman. Sometimes the charges are dismissed or reduced; those defendants who go to court are entitled to a trial by an impartial jury. Other rights accorded citizens are protection against unreasonable search and seizure, as well as protection against self-incrimination. Defenses include the presentation of evidence that the defendant did not commit the act charged or evidence that the act was excusable or justifiable. The insanity defense is the focus of current debate, and Federal and State legislation has been introduced or enacted to change it. One figure is included.