A crime is something that someone does—or doesn’t do—that violates the law and can result in punishment from the government. It's behavior that might harm a specific person but is fundamentally considered an offense against society.
Crimes normally involve an act, like stealing something or striking someone. They occasionally have to do with omission (not doing something). An example is failing to stop, identify oneself, and provide necessary help after a car accident, which is known as hit and run.
Making of a Crime: Guilty Act and Guilty Mind
Crimes almost always have two core features:
- the actus reus, which is a wrongful act or omission, and
- the mens rea, which is a culpable state of mind.
To illustrate, under a common definition of perjury,
- the actus reus would be making a significant false statement while under oath, and
- the mens rea would be knowing that the statement was false.
How Crimes Are Created: Lawmakers
Generations ago, crimes came from common law—decisions developed by judges and courts over time. Today, though, crimes generally come from legislatures, who create statutes (laws) that set out offenses and the penalties for them.
Congress defines and sets punishment parameters for federal crimes, while states do the same for most illegal conduct within their boundaries. Some kinds of behavior, like many drug offenses, can be criminal under both state and federal law.
How Crimes Are Defined: Elements
Statutes determine the elements of crimes. Elements are the components of an offense that the government must prove to establish the defendant’s guilt.
Court decisions can flesh out or clarify the elements of an offense. For example, the statute that defines theft in California says, “Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another . . . is guilty of theft.” (Cal. Penal Code § 484(a).) But the actual elements of the offense are:
- taking possession of property someone else owns
- taking the property without the owner’s consent
- when taking the property, intending to deprive the owner of it permanently (or for long enough that the owner would lose much of its value or enjoyment), and
- moving the property even a small distance and keeping it for even a small period of time.
(Cal. Jud. Council, Crim. Jury Instruction No. 1800.)
To convict a defendant, a prosecutor must prove each and every element of the crime beyond a reasonable doubt.
How Crimes Are Punished
Lawmakers specify the crime's elements and penalty in statute, and judges impose the punishment (sentence) on a case-by-case basis.
Legislatures separate crimes into degrees of severity, with more serious offenses triggering stiffer penalties. Often, the law will specify a range or a maximum punishment, giving judges the ability to craft a sentence that reflects the circumstances of a particular offense. For example, a judge might impose a more lenient sentence for a first-time offender who's remorseful and a tougher sentence for the habitual felon who targeted a victim based on race, even if they both commit the same underlying crime. But if lawmakers feel judges are being too lenient, they might set a mandatory minimum sentence that limits the judge's discretion.
Statutes can also impose consequences other than standard penalties like jail time and fines; an example is having to register as a sex offender. The law might also allow sentencing alternatives, such as probation or community service.
Different Types of Crimes
There are all kinds of crimes—so many that it would be tough to count. The precise term for any offense will depend on the jurisdiction, as will the elements and penalties. Here are a few general categories and crimes that are often associated with them.
Crimes against people. These are offenses where one person directly harms another. Examples are assault and battery, kidnapping, manslaughter, and murder.
Crimes against property. Property offenses have to do with some kind of good or service. Property crimes include theft, receiving stolen property, burglary, arson, looting, and forgery.
Sex crimes. Offenses falling into the sex-crimes category include rape, statutory rape, prostitution, pimping, and pandering.
Crimes against public order. Many consider drug crimes to be offenses against public order. Prostitution, though listed above, is sometimes referred to as such an offense, too. Other crimes in this category include disorderly conduct, driving offenses, and illegal gambling.
Crimes against the government's authority. All sorts of crimes can be considered transgressions against governmental authority. A few are perjury, bribery, obstruction of justice, and tax evasion.
Common Defenses in Criminal Cases
Just as legislatures define crimes and penalties, they also place various defenses into the law. A defense might justify or excuse a criminal act, minimize a defendant’s culpability (and punishment), or bar a conviction for certain reasons. Below we review some examples.
Self-Defense or Defense of Others
Perhaps the most commonly known defense is self-defense or defense of others. A claim of self-defense might occur when a defendant has been charged with murder, attempted murder, or assault and battery. The defendant generally admits they harmed or killed someone but only to prevent their own harm or death. If the defendant successfully proves their self-defense claim, the jury must acquit the defendant of the charges. Defense of others follows the same rationale as self-defense, except the defendant intervenes on behalf of another person who’s in imminent danger.
Insanity Defense
Many people have also heard of the insanity defense. While it’s a legitimate defense, it’s rarely raised and not often successful. It’s also not a “get out of jail free” card. Defendants found not guilty by reason of insanity are typically confined for years or decades in mental health institutions.
Consent as a Defense
With some crimes—especially rape and sexual assault—lack of consent is an element of the offense. That means the prosecution has to prove the victim didn’t consent to the conduct. A defendant may argue the victim did consent.
To use consent as a defense, the victim’s consent must be intelligent and completely voluntary, meaning they understood the consequences of their actions and weren’t forced or coerced.
Intoxication as a Defense
Intoxication isn’t usually a complete excuse for criminal conduct, but a person might be able to avoid a conviction for crimes that require a particular mental state. In other words, it could be a partial defense. For instance, first-degree murder usually requires premeditation and intent to kill. A person’s intoxication might negate these elements but their actions could still be enough for second-degree murder charges that require recklessness.
Statutes of Limitations
A statute-of-limitation defense can be a complete bar to conviction even if the defendant committed the crime. Statutes of limitations place time limits on the government to bring criminal charges against someone. Once the deadline passes, a defendant can ask the judge to dismiss the charges.
Talk to a Lawyer
If you find yourself facing criminal charges, an experienced criminal defense lawyer should be able to explain the applicable law and advise you of your options.