Criminal law of the United States

The American Model Penal Code defines the purpose of criminal law as: to prevent any conduct that cause or may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public what acts constitute crimes, and to distinguish a minor from a serious offense.

Common law no longer applies to federal crimes because of the U.S. Supreme Court's decision in United States v. Hudson and Goodwin, 11 U.S. 32 (1812).

These states expressly retain a role for common law crimes: Alabama, Connecticut, the District of Columbia, Florida, Idaho, Maryland, Michigan, Mississippi, New Mexico, North Carolina, North Dakota, Rhode Island, South Carolina, Virginia, and Washington.

[6] The federal government, the 50 states, the District of Columbia, and US territories such as Puerto Rico have their own penal codes.

An overarching concept in American criminal law is that people may not be punished for committing merely immoral or unethical acts.

[11] The Voluntary Act Requirement (VAR) is a predicate that prevents those convicted from being punished for involuntary conduct that may be linked to crime.

[12] Accordingly, justifying a conviction requires an action to be (a) willingly taken, (b) necessary for a crime's occurrence, and (c) able to be attributed beyond doubt to voluntary efforts.

For example, no law is constitutional that makes it a crime to be addicted to illegal drugs, as opposed to using them, as demonstrated in Robinson v.

The phrase mens rea is typically translated as "guilty mind" and describes the expected mental state of an accused.

For example, X goes on a hill overlooking the field that Y is playing on, intentionally dislodges a large boulder, and directs it towards Y intending to kill Y.

Other justifications include defense of others, acts by law enforcement officials, fear of imminent harm, and necessity.

Entrapment is a defense where the defendant must show that a lack of predisposition and that a law enforcement agent induced the crime.

Insanity defense offers the excuse due to an episodic or persistent psychiatric disease that defeats legal responsibility at the time of the act.

Defendants found not guilty by reason of insanity are confined in a mental institution until such time as they are no longer be a danger to themselves or others, which may extend beyond the maximum criminal penalty for the offense.

While the term "homicide" carries a criminal connotation, from a legal standpoint it is merely the "unlawful killing of another human being" and may not be punishable.

The Redline Rule excludes the death of a co-felon who was killed during a justified homicide from a felony murder charge.

American jurisprudence has concluded that a loss of self-control, brought about through emotional states, can push a person to kill when it is not rationally intended.

Earlier common law practices executed petty thieves as well as criminals whose motives were understood as emotionally challenging.

Voluntary manslaughter, although punishable, is an intentional form of homicide that involves certain elements to justify this lesser charge.

The "Heat of Passion" and "Cooling off Period" are subjective justifications that are based on circumstance and motives where proof of murder is not available.

For example, a person who, observing his spouse having sex with his lifelong rival, grabs a nearby gun, and immediately kills them, is more likely to be accused of manslaughter than murder.

Legally adequate provocation must go beyond insulting words to events, situations and circumstances that surprise the defendant and trigger the loss of reason without time to consider consequences or weigh pros and cons.

[citation needed] A thief who threatens future violence cannot be charged with robbery, because they did not use force or fear, and insulting words alone do not justify self-defense.

Failure to release a person within 24 hours creates the presumption that the abductee has been transported through interstate commerce, allowing a federal investigation.

Rape is generally a second-degree felony, except when anied by bodily injury or when the person is not the rapist's companion.

Rape reformation laws in America did away with the standards of Hale Warning, corroborating evidence, and the early outcry doctrine, instead focusing on the aggressive, coercive nature of the rapist.

Driving under the influence is operating a vehicle with a blood alcohol level greater than the legal limit, currently .08% in most jurisdictions.

Several tests are used to prove intent including: Solicitation is encouraging, requesting, enticing, or commanding another to commit a crime.

Wharton's Rule prevents the prosecution of two people for conspiracy when the offense in question can only be committed by at least two persons, as in crimes such as prostitution and gambling.

A merger occurs when a defendant commits a single act that simultaneously fulfills the definition of two separate offenses.