US Constitution
Introduction
The United States Constitution is the supreme law of the land which was adopted in the year 1787 by the Constitution Convention in Philadelphia, Pennsylvania and consequently ratified by the respective states. The constitution has been subjected to various amendments ever since to accommodate specific aspects that were left out during its adoption. The Constitution is regarded as the foundation and reference point of all the legal inquiries that are to be found in the US. The constitution explains the very existence of the United States of America and the Federal Government of the US (Smith, 1987). The constitution provides for the organization of the federal government, defining the relationship between the Federal government and the States, citizens and all the individuals found within the boundaries of the United States. The constitution gives definition to the three arms of the government which includes the Legislature, the Executive, and the Judiciary. It specifically defines the powers and duties of each branch. The US constitution also gives some powers to the respective States and the people thereby establishing a Federal system of government in the United States (The U.S. National Archives and Records Administration, 2010). This paper is going to give an analysis of the criminal law, crime, and crime against the state as provided for in the constitution.
Crime
In general terms a crime can be viewed as a breach of law and rules that have been established by the governing authority and therefore punishable. A crime can be described as any act or omission of the act that is in violation of public law forbidding or commanding it (Cornell University Law School, 2010, Para 2). In the United States, there are some common-law crimes however, most of the crimes are established by the local, state, and Federal governments (Cornell University Law School, 2010). In general sense, crime is a terminology used to include all offences but is most limited to felonies. The term offence may be viewed as having similar meaning to crime it is more often understood as a crime that is not liable for indictment and but for punishment either summarily or by forfeiture of a penalty (Lectric Law Library, 2010). Crimes are usually defined and penalized by statutes and common law.
Most common law offenses are precisely known ascertained and well known more like those defined by the statutes. However, owing to the difficulty of exact definition and description of every act which has to be punished, the principle of vitality and preservation has been adopted. This principle holds that all the immoral acts that tend to the prejudice of the society are to be punished by the courts of justice. Crimes have been described as mala in se meaning that they are bad in themselves. They include all offences that contravene the moral law or are mala prohibita meaning bad because they are prohibited (Lectric Law Library, 2010).
Types of Crimes
There is an array of criminal activities being committed by the offenders but they can all be classified into the following categories felonies and misdemeanors, infractions, traffic offences. A felony may be considered as a serious criminal activity that may carry a minimum incarceration of one year. Examples of crimes that are regarded as felonies include rape, robbery, and kidnapping.
Misdemeanors on the other hand are the less serious offences that may be a simplified version of the felonies. The level of participation and the situation of the individual will determine whether the crime is a felony or a misdemeanor. For instance, a drug lord might be guilty of committing a felony whereas the individual who bought the drug will have committed a misdemeanor. Felonies are usually punished by imprisonment with more serious felonies like murder and espionage carrying a death penalty. A part from this, there could be seizure of property as well as prohibition from running for an elective public office and also from the general participation in the voting exercise (LACriminalLawyer.net, (2008).
Infraction is also considered as another form of crime which is lower than a misdemeanor. In general, infractions are petty offences that may be considered as civil cases as opposed to criminal case. The most prevalent infraction cases include littering, speeding, and causing disturbances. Also, misdemeanors such as petty theft, possession of marijuana, and trespassing may also be considered as infractions for first time offenders (LACriminalLawyer.net, 2008, Para 7). An individual who is guilty of infraction is rarely sentenced to a prison term. Infractions do not usually result in loss of any rights by the offenders like the right to participate in voting and the right to run for an elective public office. Infraction punishments are in most cases known to result in payment of fine and suspension of licenses (LACriminalLawyer.net, 2008).
Traffic offences are the most committed offences in the United States. There are usually two categories of the traffic offences. The first category consists of minor traffic offences which includes simple speeding and improper altering of the lane. The other category comprises of more serious traffic offences including reckless driving and driving under the influence of intoxication. Individuals found guilty of the traffic offences are usually fined and in some instances, their driving licenses are suspended. The individuals may also be put in prison and their auto insurance premium may also be increased (LACriminalLawyer.net, 2008).
Information on the types of crimes in not enough, what is more important is the ability to follow the established rules in an effort to avoid crime. Everything should not be left to chance and this calls for the crime prevention strategies in an effort to reduce the possibility of being a victim of the criminal activity. It is therefore important to remove all the potential opportunities the criminals might use in advancing their actions towards you andor your property in a process referred to as target hardening. There is also what is called the crime triangle of which includes the risk, opportunity, and desire. In this regard, crime prevention happens when we reduce the risk of victimization at the same time increasing the risk of catching the offender. The opportunities for victimization are reduced whereas those for legitimate fitting in the society are increased. Finally, the desire for committing crimes is reduced when the desire to contribute to the improvement of society is increased. With successful crime prevention strategies, there will be a safer society with an enhanced perception of safety as well as attitudes and behaviors that a feeling of safety in individuals (Board of Trustees, Southern Illinois University, 2010).
Criminal law
In the US, criminal law may vary from state to another. Crimes include both felonies and misdemeanors. Felonies include serious criminal activities such as rape and murder and are punishable by incarceration for a year or more. On the other hand, misdemeanors are less crimes including petty thievery punishable by incarceration of less than a year. It is important to note that no act can be regarded as criminal if it is not defined as such by either statute or common law. In recent times, there has been an increase in the list federal crime that deal with the activities which extends past state boundaries or have a special effect on the Federal undertakings (Cornell University Law School, 2010). Criminal law has become codified and the US has what is known as Model Penal Code which has been adopted and amended by the various states to meet their own local preferences. The Model Penal Code forms the basic structure of understanding criminal law in United States (Fletcher, 1998).
Statutes describing criminal behavior can be narrowed down into their specific elements. Most of the criminal activities consists of two main elements namely an act also known as actus reus, and a mental state also known as mens rea. This does not however apply to the strict-liability crimes. Prosecutors have the duty to prove each and every aspect of the criminal activity in an effort to yield a conviction. The prosecutor has to persuade the jury beyond reasonable doubt regarding all the facts necessary in the constitution of the crime being charged (Cornell University Law School, 2010).
Criminal law can be described as a branch of law concerned with the crimes that are committed in violation of public authority (Smith, 2009). Criminal law is quite different from the civil law and involves crimes that are committed between individuals and not necessarily against the public in general. Murder for instance is addressed as a criminal case since even though it involves a specific victim it generally goes against the interests of the public. On the other hand, failure to honor a contract is regarded as a civil case. Criminal law is oftenly referred to as penal law and involves the trial by the government of an individual for committing an act that has been categorized as a crime. In general, criminal law entails the body of statutory and common law dealing with crime and legal castigation of the criminal activities.
According to the Law Society, criminal law is the principle means by which the government identifies and criminalizes behavior that is considered wrong, damaging to individuals or to society as a whole or is otherwise unacceptable (Law Society, 2010 Para 1). Criminal justice system is specifically developed as a mechanism designed to deal with those suspected of committing the criminal offences (Law Society, 2010). The criminal law encompasses two main categories which include the misdemeanors and felonies. Misdemeanors are the minor crimes under criminal law attracting a sentence of less than a year. On the other hand, felonies are much more serious crimes accompanied by a much more severe punishment of usually more than one year in incarceration (Standler, 1998).
Comparing criminal Law to civil law
Criminal law differs from the civil law in many aspects. Through definition, criminal law is the prosecution of an individual by the state when a criminal act has been committed by the individual. Civil law on the contrary, involves individuals and organizations that seek to resolve legal disputes. In matters involving a criminal case, the state, through the prosecutor is responsible for the initiation of the legal suit whereas in a civil suit, the victims are responsible for bringing up the suit. In a criminal case, the individuals found guilty may be punished through incarceration, fines, or both whereas in civil litigations, the offender may be required to surrender the property or refund the money, and there is no incarceration (Standler, 1998).
Crimes against the State
Generally speaking, all the criminal activities can be regarded as going against the state or the government so long as they public order and tranquility is disturbed (Braham, 2004). However, there are three crimes that are directly in contravention with the existence of the state itself. These are specifically referred to as crimes against the state and include treason, sedition, and rebellion. Treason involves criminal activities betraying a nation and is dangerous to its security. Treason is the only crime to have been defined in the constitution as defined under Article III section 3
Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the Punishment of Treason, but no attainder of Treason shall work corruption of Blood, or Forfeiture except during the Life of the Person attained (Vega, 1981).
The congress has however enacted several related statutes relating to offenses that aim at undermining the government and the security of the nation in general. These acts include the 1798 Alien and Sedition Acts and the Espionage Act of 1917 (Archiving Early America, 2010). Sedition can be defined as any form of conduct andor language that is directed at inciting rebellion activity against the authority of a given state (Dictionary.com, LLC, 2010). Rebellion on he other hand is rising against the state in disobedience. Rebellion may result in a mutiny, revolt, uprising, or a revolution (Merriam-Webster Online Dictionary, 2010). Crimes against the state carry a very heavy punishment including death penalty and life imprisonment. Since most of these crimes include dissent, sabotage, subversion, sedition, treason, and espionage, repressive governments are prone to calling any kind of opposition as crime against the state (Martin, 2010 Para 3).
Conclusion
The United States Constitution has covered a broad spectrum of issues regarding the political, social, economic, and any other aspect that affects the citizens of the federation. It can simply be argued that the constitution has been all inclusive on issues affecting the American citizen. Congress has been on duty, making amendments where necessary to ensure that adequacy prevails in addressing the emergent issues that might have not been comprehensively covered in the original draft of the constitution. Issues regarding crimes, criminal law, and crimes against the state are comprehensively addressed by the constitution which gives a clear definition of the concept and the subsequent interpretation of the same. The US constitution therefore provides a clear guideline on several issues and remains a critical reference when it comes to legal matters andor court cases.
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