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Typically, crimes are actions that are
disapproved of by our society, thus criminal law makes these unapproved
actions criminal offenses.Crimes fall into two categories: felonies and misdemeanors. Felonies
are the “more serious” crimes and include murder, rape, and perjury;
misdemeanors include crimes like drunk in public or indecent public exposure. In criminal
law, in order to find a person guilty, the prosecutor must establish “actus reus” (the guilty act) and “mens reas” (the guilty mind). In addition, it
is the responsibility of the prosecutor to find the person who is charged to be guilty
“beyond a reasonable doubt.”
Criminal procedure is composed of the rules governing the series
of proceedings through which the substantive criminal law is enforced. In the United
States, most crimes are defined by local and state government, though the federal
government has adopted its own criminal code, at Title 18, to deal with activities
extending beyond state boundaries or having special impact on federal operations.
The procedure for criminal trials in federal courts is outlined
in Title 18. States also have statutes that set out the framework for criminal procedure,
subject to important constitutional limits. For example, the U.S. Constitution Bill of
Rights provides basic protections including the right to an attorney, the right to not
testify, the right to confront witnesses, and the right to a jury trial, among others.
State constitutions may increase, but not take away from the federal protections.
The American criminal system is an adversarial and accusatorial
model. Criminal procedure must balance the defendant's rights and the state's interests in
a speedy and efficient trial with the desire for justice. Therefore, the rules of criminal
procedure are designed to ensure that a defendant's rights are protected.
The rules of criminal procedure are different from those of civil
procedure, because the two areas (criminal and civil) have different objectives and
results. In criminal cases, the state brings the suit and must show guilt beyond a
reasonable doubt, while in civil cases the plaintiff brings the suit and must only show
the defendant is liable by a preponderance of the evidence.
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