Abstract
This chapter discusses the foundations of criminal law in the United States of America. Understanding the relationship of the Constitution to the American legal system serves to provide the investigator with the knowledge to better comprehend the foundations and framework of criminal law, criminal investigation, and criminal procedural law. The legislature defines crime by enacting penal statutes that govern behavior for which punishment can be meted out. State criminal laws can vary not only on punishment but, surprisingly, on the definition of the constituent elements of each crime. The language of the penal law is necessarily general, leaving it up to the trial judge to decide whether a particular set of details surrounding an alleged crime fits or does not fit its requirements. The cumulative wisdom of such judicial decisions is referred to as case law; it interprets the meaning of the law. In an effort to make criminal laws more uniform, a Model Penal Code was proposed by the American Law Institute. The code was intended to bring a unified approach to criminal law through an examination of its philosophical foundations, the elements that defined specific crimes, and the provisions for sentencing and correction. Its main thrust and purpose was an attempt to be organized and more civilized in using the power of the state against the individual.
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