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E-Newsletter - Defense

What Is a Crime?

Learn why some acts are considered crimes while others are not.

A crime is any behavior that is punishable by imprisonment or fine (or both). In the United States, an act is considered criminal when Congress or a state or local legislative body has defined it as such. But why are some acts defined as crimes while others aren't? While whole books have been written on this subject, here a few straightforward reasons why crimes are crimes:

  • Many acts that we consider crimes today were considered crimes under English law when the United States became a country. In large part the U.S. adopted English law as its own.

  • Many crimes have their origin in moral precepts that originally were enforced by churches and were eventually taken over by the secular state.

  • Acts carried out with an antisocial or "evil" intent are usually considered worthy of punishment.

  • Acts that may have been acceptable at one time (such as physical punishment of a child, drinking while driving or sexual harassment) are redefined as crimes when society convinces lawmakers to criminalize them.

Ultimately, what is and is not a crime is, to an extent, arbitrary and a reflection of who has the power to decide. But with some notable exceptions -- for example, drug laws -- most common crimes have been considered crimes for centuries and most people agree that they should be.

On the other hand, in recent years, the U.S. Supreme Court has struck down certain federal crimes, finding that Congress had no authority under the Constitution to create them. Examples of federal crimes that have been disallowed are statutes forbidding the sale of firearms within a certain distance of schools and allowing rape prosecutions in federal court. Under these decisions, the question of which crimes may be created by Congress, and which crimes must be left to the states, remains an open one.

Felonies and Misdemeanors: What's the Difference?

Most states divide their crimes into two major groups -- felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, the crime is usually considered a felony. If the potential punishment is for a year or less, then the act is considered a misdemeanor. In some states, certain crimes, called "wobblers," may be either a misdemeanor or a felony, because the judge has the power to impose a sentence of less than a year (making the crime a misdemeanor) or more than a year (making it a felony).

Behaviors punishable only by fine are usually not considered crimes at all, but infractions -- traffic tickets, for example. But a legislature may on occasion punish behavior only by fine and still provide that it is a misdemeanor, such as possession of less than an ounce of marijuana for personal use in California.

To read and printout a copy of the Form please link below.

Checklist: Have My Rights Been Violated

You can download a free copy of Adobe Acrobat Reader here.

Copyright 2005 Nolo

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.