Criminal Acts: Understanding Chargeable Offenses

Criminal offenses are acts that are prohibited by statute and punishable by fine or imprisonment. They can generally be divided into five categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes. In the US, criminal law appears in state and federal criminal statutes, which describe prohibited conduct, the mental state or intent required for guilt, and the possible punishments for criminal offenses. People facing criminal charges have certain procedural rights, such as Miranda warnings, the right to a speedy trial, and the right to confront their accusers. Trump's interior enforcement order has been criticized for targeting criminal aliens and prioritizing the removal of unauthorized immigrants, while Obama's 2014 policy focused on national security threats and immigrants convicted of serious crimes.

Explore related products

Criminal Law Handbook, The: Know Your Rights, Survive the System

$27.13 $39.99

Criminal Law

$36.84 $297.95

The Business of Criminal Law: How to Build a Criminal Defense Practice You and Your Clients Will Love

$19.99

Inside the Criminal Mind (Newly Revised Edition)

$12.73 $20

The Tools of Argument: How the Best Lawyers Think, Argue, and Win

$12.5

Criminal Law Vocabulary In Use: Master 400+ Essential Criminal Law Terms And Phrases Explained With Examples In 10 Minutes A Day

$8.47

Criminal intent

In the US, criminal intent is an essential element in proving guilt for most crimes. The specific intent requirement varies depending on the crime and is defined by state and federal criminal statutes. For example, violent crimes such as first-degree murder require a premeditated plan to kill, while crimes against property may involve the intent to deprive another person of their possessions.

In some cases, criminal intent can be inferred from an individual's actions. For instance, in inchoate crimes like aiding and abetting, attempt, and conspiracy, the individual must take a "substantial step" towards the completion of the crime to be found guilty. Additionally, voluntary intoxication or a drugged condition is generally not a defence to a criminal charge, nor can it be used to negate the element of intent.

Criminal charges and convictions carry significant consequences, including imprisonment, fines, and a criminal record. Defendants have certain procedural rights, such as the right to a speedy trial, protection from unlawful searches, and the right to confront their accusers. Seeking legal counsel from a criminal defence attorney is essential to navigate the complexities of criminal law and protect one's rights.

The definition of a "criminal offense" and the specific charges can vary between jurisdictions. For instance, under Trump's interior enforcement order, the focus shifted to "criminal" aliens, broadening the scope to include all unauthorized immigrants as priorities for removal. This highlights the dynamic nature of criminal justice policies and their potential impact on individuals' rights and freedoms.

Criminal conspiracy

An example of a conspiracy charge is when two people plot to kill another person, and the victim is killed as a result of the actions of either conspirator. In this case, it is not necessary to prove which conspirator carried out the act, only that the conspirators agreed to commit the crime. A conspiracy charge holds every member responsible for the criminal acts of the others, and enhances the consequences of a guilty verdict.

Conspiracy laws do not require proof of specific intent to injure a person, only that the conspirators agreed to engage in an illegal act. The law also does not require that the planned criminal act has been committed or that it could have been carried out successfully. For example, if two people agree to traffic narcotics and are arrested before any substances enter the country, they can still be found guilty of conspiracy.

An unindicted co-conspirator is a person alleged to have engaged in a conspiracy but who is not charged in the same indictment. This may be due to immunity or evidentiary concerns.

Criminal code

A criminal code is a document that compiles a particular jurisdiction's criminal law. It typically contains offences that are recognised in the jurisdiction, penalties that might be imposed for these offences, and some general provisions, such as definitions and prohibitions on retroactive prosecution. Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles that are relatively abstract and apply them on a case-by-case basis.

In the United States, a Model Penal Code exists, which is not itself a law but provides the basis for the criminal law of many states. Individual states often choose to make use of criminal codes, which are often based, to varying degrees, on the model code. Title 18 of the United States Code is the criminal code for federal crimes.

In some countries, such as Australia, the federal government and the states operate under different criminal codes. For example, New South Wales may use its own criminal code instead of the federal criminal code.

In the context of deportation priorities, the phrase "committed acts that constitute a chargeable criminal offense" refers to individuals who are considered priorities for removal due to their alleged criminal acts, regardless of whether guilt has been proven in court. This phrase is part of a broader set of criteria that also includes individuals who have been convicted or charged with a criminal offense, have willfully committed fraud, abused public benefits programs, or are otherwise considered a public safety or national security risk.

Explore related products

Federal Rules of Criminal Procedure; 2025 Edition

$12.5

Criminal Law: A Quickstudy Laminated Reference Guide

$8.32 $8.95

Criminal Law & Procedure: Essential Law Self-Teaching Guide (Essential Law Self-Teaching Guides)

$24.95 $26.95

Reversing Your Criminal Conviction: Develop Your Winning Strategy

$12.95

Understanding Criminal Law (Understanding Series)

$54.92

Merriam-Webster's Dictionary of Law, Newest Edition, Trade Paperback

$10.99 $16.95

Criminal liability

Criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes. Crimes against a person involve physical or mental harm to another and can include homicide, violent crimes, sexual abuse, and sexual assault. Crimes against property involve interference with another party's property. Inchoate crimes refer to initiated but uncompleted crimes, such as aiding and abetting, attempts, and conspiracies. These require a “substantial step” towards the completion of the crime for a guilty verdict. Statutory crimes are those specifically prohibited by statute, such as drug crimes, alcohol-related crimes, and traffic offences. Financial crimes include fraud, blackmail, embezzlement, money laundering, tax evasion, and cybercrime.

The US Constitution provides people facing criminal charges with certain procedural rights, including Miranda warnings, the right to a speedy trial, freedom from unlawful searches, and the right to confront accusers. Defendants also have civil rights to legally question or protest the government's actions. They can challenge the admission of key evidence, negotiate plea bargains, and seek community service instead of jail time.

In the context of deportation priorities, the Trump administration's interior enforcement order focuses on "criminal" aliens and references broad sections of immigration law, making all unauthorised immigrants priorities for removal. This differs from the Obama administration's more detailed and hierarchical enforcement priorities, which protected unauthorised immigrants outside of narrow priorities from enforcement.

Criminal prosecution

Investigation and Arrest

When a crime is reported or suspected, law enforcement officials initiate an investigation to gather evidence and identify the perpetrator. If sufficient evidence is found, the suspect is typically arrested and taken into custody. During this stage, the suspect may be questioned, searched, and their home or property may be searched with a warrant.

Charging and Arraignment

The next step is for the prosecutor to file formal charges against the suspect, outlining the specific crimes they are accused of committing. The suspect, now referred to as the defendant, is brought before a judge for an arraignment, where they are informed of the charges against them and asked to enter a plea (guilty, not guilty, or no contest).

Pretrial Proceedings

During the pretrial phase, the prosecution and defense prepare their cases. This includes evidence gathering, interviewing witnesses, and filing pretrial motions. The defendant may be released on bail or remain in custody pending trial. Plea bargaining may also occur during this stage, where the defendant can agree to plead guilty in exchange for a reduced sentence or charge.

Trial

The trial is the main event of the criminal prosecution process. It is where both sides present their cases before a judge and jury. The prosecution aims to prove beyond a reasonable doubt that the defendant is guilty, while the defense seeks to cast doubt on the prosecution's case or provide mitigating circumstances. The trial concludes with a verdict from the jury or judge.

Sentencing and Appeals

If the defendant is found guilty, the judge will determine the appropriate sentence, which may include imprisonment, fines, community service, or other penalties. The defendant has the right to appeal the verdict and sentence, and the appellate court will review the case to ensure legal procedures were followed and the verdict was justified.

Post-Conviction

After the conviction, the defendant may face additional consequences beyond their sentence. For example, they may be required to register as a sex offender or face deportation if they are not citizens. The defendant may also have the option to seek post-conviction relief, such as a reduced sentence or parole, through legal avenues such as habeas corpus petitions or appeals to higher courts.

It is important to remember that criminal prosecution procedures can vary based on the jurisdiction and the specific circumstances of the case. Additionally, not all cases go through every step, as some may be resolved through plea bargains or dismissed due to insufficient evidence.

Frequently asked questions