Criminal law defines offenses prosecuted by the government and the penalties that may follow.
Why criminal law matters
Criminal law matters because it can affect liberty, public safety, fines, records, probation, incarceration, and constitutional rights. Criminal cases also carry a higher burden of proof than most civil disputes.
Criminal law is U.S.-first on this site, but exact offenses and penalties vary by jurisdiction.
Where criminal law appears
Criminal law appears in criminal codes, charging documents, arraignments, plea negotiations, suppression motions, trials, sentencing hearings, and appeals. Prosecutors bring criminal cases on behalf of the public.
Practical example
A person is charged with burglary after allegedly entering a building with intent to commit a crime. The prosecution must prove the required elements under the applicable criminal statute.
How criminal law differs from nearby terms
Criminal law differs from civil law because criminal law involves government prosecution and potential punishment. It differs from criminal procedure because criminal procedure concerns the rules for investigating, charging, trying, and sentencing criminal cases.
Related terms
Quick knowledge check
Who usually brings a criminal case: a private plaintiff or the government?