Question 1

What is a crime?

Accepted Answer

A crime is an act (or failure to act) that violates the law and is punishable by the government.

Question 2

What is Criminal Law?

Accepted Answer

Criminal laws are rules made by the government that say: (1) what actions or inactions are crimes and (2) what punishments apply.

Question 3

How are criminal laws created and put into law?

Accepted Answer

Criminal laws are created when lawmakers (Congress or state legislatures) write and pass bills.

Question 4

What is a criminal statute?

Accepted Answer

A criminal statute is a written law that defines a crime and its punishment.

Question 5

What is the difference between criminal law and criminal procedure?

Accepted Answer

Criminal law defines crimes and punishments.
Criminal procedure defines individual rights by providing the rules of how investigations, arrests, and trials are carried out.

Question 6

What is the difference between criminal law and civil law?

Accepted Answer

Criminal law generally involves government action and punishment for violation of criminal laws including prison and fines.
Civil law generally involves individual people suing each other for money or rights.

Question 7

What is the difference between a federal crime and a state crime?

Accepted Answer

A federal crime breaks U.S. laws (i.e., mail fraud, drug trafficking across states).
A state crime breaks state laws (i.e., robbery, assault, theft).

Question 8

Where can I find a list of federal crimes?

Accepted Answer

You can find federal crimes in the United States Code.

Question 9

Where can I find a list of state crimes?

Accepted Answer

You can find state crimes in your state’s code or statutes.

Question 10

What is the general difference between state court and federal court in criminal law?

Accepted Answer

State courts handle most crimes under state law like theft, assault, burglary.
Federal courts handle crimes under federal law (i.e., terrorism, large fraud, federal drug cases).

Question 11

What does “jurisdiction” mean in criminal law?

Accepted Answer

Jurisdiction refers to the power of a court to hear and decide a case, based on location and type of crime.

Question 12

How does the Constitution impact criminal law?

Accepted Answer

The U.S. Constitution and State Constitutions protect rights (like free speech, due process, fair trial) and limit government power.

Question 13

What is the Model Penal Code?

Accepted Answer

The Model Penal code is a guide created by legal experts to help states write modern, consistent criminal laws.

Question 14

Does a crime require a victim and/or harm?

Accepted Answer

No. A crime does not always require a victim or harm. For example, some criminal laws protect society before harm occurs. (i.e., drunk driving or drug possession).

Question 15

What is the general difference between a felony, misdemeanor, and infraction?

Accepted Answer

A felony is a serious crime, punishable by more than a year in prison.A misdemeanor is a less serious crime, punishable by up to a year in jail.An infraction is a minor offense, typically punishable by a fine (i.e., speeding or littering).

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Understanding Criminal Law

At Peter Johnson Law, we want our clients and community to feel empowered when navigating the justice system. Explore the basics of criminal law below.