There are two basic requirements to defining activity as a crime.
1) The activity must be forbidden by law (the law may also require something to be done). 2) There must be some penalty attached to conducting the activity.
In every state, the legislatures have enacted criminal codes. A state's criminal code is the primary place to determine what activities are crimes. However, crimes may be defined in other places than the criminal code. For example, in California, some crimes are contained in the Vehicle Code.
Federal crimes have been enacted and defined by Congress. Again, however, some federal crimes are not contained in the United States Criminal Code. Tax crimes, for example, are contained in the Internal Revenue Code.
There is therefore no one place to find all the crimes of a particular jurisdiction. Also, many criminal laws have been interpreted by the courts. Therefore, even a reading of a state's criminal codes will not give someone all the answers about how a crime is defined and what activity falls within that definition.
That is one of the many reasons a criminal defendant is entitled to a lawyer. Someone who is uneducated in the law will have a very difficult time interpreting and understanding all the details that make up a law.
Also, every crime that is defined in the law has two basic components:
*an act, and
* a mental state
In law, the Latin terms are used: actus reas (act) and mens rea (mental state). That concept, and specifically the contours of a criminal state of mind, is discussed further here.
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1) The activity must be forbidden by law (the law may also require something to be done). 2) There must be some penalty attached to conducting the activity.
In every state, the legislatures have enacted criminal codes. A state's criminal code is the primary place to determine what activities are crimes. However, crimes may be defined in other places than the criminal code. For example, in California, some crimes are contained in the Vehicle Code.
Federal crimes have been enacted and defined by Congress. Again, however, some federal crimes are not contained in the United States Criminal Code. Tax crimes, for example, are contained in the Internal Revenue Code.
There is therefore no one place to find all the crimes of a particular jurisdiction. Also, many criminal laws have been interpreted by the courts. Therefore, even a reading of a state's criminal codes will not give someone all the answers about how a crime is defined and what activity falls within that definition.
That is one of the many reasons a criminal defendant is entitled to a lawyer. Someone who is uneducated in the law will have a very difficult time interpreting and understanding all the details that make up a law.
Also, every crime that is defined in the law has two basic components:
*an act, and
* a mental state
In law, the Latin terms are used: actus reas (act) and mens rea (mental state). That concept, and specifically the contours of a criminal state of mind, is discussed further here.
For more information like this delivered to your inbox, join The Criminal Law Community. If you are a writer of filmmaker in the crime or legal genres, check out the free eBook: Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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