Criminal Law

Criminal law, or penal law, is enforced by the government and includes crimes such as murder and rape. Criminal law is distinctive as to the serious consequences of not abiding by the law. The punishment for breaking criminal law can include execution, incarceration, (including solitary confinement), house arrest , parole, probation or fines, including seizing money and property.

The Sixth Amendment guarantees a criminal defendant the right to a speedy trial by an impartial jury; the right to be informed of the nature of the accusation against him, the right to confront witnesses against him and the right to have an attorney assist in his defense. The defendant may also act as his own attorney, if desired.

Breaking the criminal law can mean a "guilty act" such as striking a victim, or a failure to act, such as withholding food from a young child. A "guilty mind" includes the intention to commit a wrongful act. A killing committed with an intent to kill would be murder, whereas a killing that occurred as a result of a reckless act would be manslaughter.

Murder, an unlawful killing, is the most frequent criminal offense. Degrees of murder include: first degree murder (based on intent and malace), manslaughter (murder without intent, but based on provocation or diminished capacity), and Involuntary manslaughter (murder occurring based on recklessness).

Battery is unlawful touching, assault is creating fear of imminent battery and may result in criminal liability. Battery includes non-consensual intercourse or rape.

Criminal law may also protect property, and includes embezzlement, trespassing, theft, robbery, burglary and fraud.