Criminal law is the body of civil law that relates specifically to criminal behavior. It encompasses conduct forbidden by statutory law as well as private civil wrongs. Criminal behavior includes felonies and misdemeanors, as well as acts not considered criminal such as white-collar crimes against corporations. Civil law governs the actions of the state in relation to private individuals. Civil law differs from criminal law in that it does not have a corpus of laws that criminal law enforces but has instead a body of laws designed to govern conduct between private citizens.

In criminal law; there are three elements required for a crime to be established: knowledge, intent, and action. The element of knowledge required for a crime to have been committed, is that there must have been knowledge at the time the crime was committed that the action is an act which violates the statute. Intention is also required, which is simply the conscious purpose to commit a crime. In order for the crime to have been perpetrated, an act must have been taken which satisfies the element of intent. Then, the defendant must have intended to commit the crime charged.

Every criminal law violation requires; that the state prove each element necessary to support its claim of the guilt of the defendant. If the state cannot prove each element of the crime, the defendant has the right to a jury trial. A majority of states have juries who are selected by the state for the purpose of determining innocence or guilt and then determining sentence.

Punishment is governed by the federal criminal code or state penal code; The criminal procedure requires that defendants present themselves before a judge or jury and state their pleas. If a defendant chooses not to present a defense, they will be guilty. Under the criminal procedure, a defendant is allowed to a defense attorney in order to mount a reasonable argument for defending their actions. The state will then present evidence to the jurors to help prove each element necessary to convict the defendant of the charged crime.

The United States Constitution; grants the right to trial by jury in criminal law cases as well as civil law offenses. The right to a trial by jury is considered a common law right. It is also one of the most abused constitutional provisions in the United States. Many times during trials the government will bring evidence against a defendant that they do not actually believe in. Other times the government will bring in witnesses whose opinions do not accurately represent the evidence against the defendant. The jury is intended to be the final arbiters of the strength and weaknesses of the evidence against a defendant.

The major elements of criminal law include: murder, voluntary manslaughter, arson, assault, DUI/DWI, child pornography, rape, theft, sex crimes, etc. The penalties for each crime are outlined in the applicable laws of the United States. Some crimes are considered more serious than others and will result in more severe punishments such as death. CRIMINAL Law is a very complicated area of the law and those looking to hire a criminal attorney should be prepared and aware of their responsibilities.