Criminal law covers any type of conduct deemed detrimental to society that has the potential to result in punishment by the state. The law regulates who can be charged with a crime, how the accused is tried and punished, and what types of penalties are available. It also establishes the standards and norms of behavior expected of citizens, as well as the punishments for failing to meet those expectations.
Prosecutors decide whether to charge an individual with a crime, and they may consider the strength of evidence and the severity of the offense when making this decision. In addition, they must consider any victims’ wishes, if any, and the severity of their injuries or losses (for example, property loss or death).
The legal definition of a crime varies by jurisdiction, but most countries have some sort of criminal code that defines what types of actions are considered a crime and the associated punishments. The New York Penal Code, for instance, lists nine felonies and various misdemeanors. Within each crime, there are usually degrees that taxonomize the severity of the offense. For example, first-degree murder requires the perpetrator to have intended to cause serious bodily injury or death while second-degree murder does not.
In general, prosecutors use two forms of evidence to prove their case against the defendants: statute and common law. Statutory law is made up of written laws enacted by federal, state and local legislative bodies that define specific crimes and their elements. Common law, on the other hand, is derived from rulings made by appellate courts that create legal precedents that subordinate courts must follow.