The American government is made up of three branches: the federal government, state governments, and local governments. Each of these branches is responsible for certain aspects of life. For instance, the American Constitution divides the federal government into three main branches to ensure that no one group of people has excess powers. The three branches are the legislature and the executive and judiciary branches.
The most important thing to note about these three branches is the fact that one branch can change the acts of the other branches. For instance, the executive can veto legislation created by Congress and nominate heads of federal agencies. On the other hand, Congress can confirm or reject the executive nominees and remove the president from office in extraordinary circumstances.
Also, the judges of the Supreme Court, who are nominated by the president and approved by the Senate, can overturn any laws they deem unconstitutional. But which level of government writes the majority of criminal laws? This article answers that question in detail.
What Is Criminal Law?
Criminal law is different from civil law because it is a system of laws designed to punish individuals who commit crimes. In a civil case, two individuals contest their rights, while in a criminal case, the government decides whether to punish a person for either an act of commission or omission. Crime can be defined as the commission or omission of an act that violates a law.
Who Writes The Majority Of Criminal Laws In The US?
The legislative branch of the government is responsible for drafting proposed laws, confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and declaring war.
It also shares the responsibility of writing criminal laws with the state government. The legislature, which is part of the federal government, comprises Congress, which includes the Senate and House of Representatives, in addition to the special agencies and officers that offer support services to Congress.
However, each state has its legislative branch as well, which is referred to as a state legislature. A state legislature is responsible for voting state statutes into law.
In most cases, states categorize their criminal statutes into penal codes. Since state criminal laws vary considerably, a group of legal scholars, lawyers, and judges who were members of the American Law Institute thought that they should be more consistent. After ten years of work, they published the Model Penal Code in 1962.
The main purpose of the Model Penal Code was to create a standardized set of criminal statutes that every state could adopt to streamline the inconsistency of the American legal system. Although the Model Penal Code is yet to be universally accepted, many states have merged portions of it with their penal codes, allowing the Model Penal Code to survive as the guideline and focus of argument when state legislatures amend their criminal statutes.
Conclusion
Each state decides what act or omission to designate a crime. Therefore, the majority of criminal codes are written at the state level, and you should keep up with any legal changes to stay informed in your state. But it is also important to mention that Congress has the responsibility of punishing certain conduct through federal criminal law in Title 18 of the U.S. Code.