ew substantive criminal law as the definition and classification of all crimes. This includes the act, intent, capacity to commit crime, liability exemptions, involved parties, and offense elements. From a practical view, criminal law is what the legislature or courts say it is. Double jeopardy is protected against. Ex post facto laws can not be used to prosecute a previous act. People cannot be pronounced guilty by legislative act, without a court trial (bill of attainder). State laws may conflict; extradition allows for the delivery of a fleeing offender. Jurisdiction includes state, civil, and federal boundaries.
Punishment is court imposed restraint for those overstepping established boundaries. Retribution is no longer advocated. Modern views state that punishment needs to rehabilitate the lawbreaker; laws in this case allow for maximum sentences subject to termination after minimum periods (indeterminate sentence). Current opinion is toward definite sentencing, however emphasis is still on the rights of the accused.
"Classification of Crimes." Crimes are classified according to seriousness and include treason, felonies, and misdemeanors. Federal law states that a felony is an offense punishable by death or imprisonment for more than one year. Some jurisdictions have a third classification called infractions (less serious than a misdemeanor). Crimes are also classified regarding moral turpitude (evilness); these crimes are mala in se or bad in themselves. Other crimes are mala prohibita or bad because they are prohibited. Crimes are classified as major or petty, for procedural purposes. A fourth classification is based on resulting social harm; these offenses include those against the person, home, property, public health, safety, and peace.
"Parties to Crimes." Two or more people may take part in a crime and responsibility may not be limited to the one who commits the forbidden act. Common law gra...