Law Preview - Criminal Law

First-year Criminal Law courses at most law schools focus on substantive Criminal Law, as distinguished from Criminal Procedure. The former, in the broadest sense, concerns the definition of the criminal act -- the type of conduct and, usually, the minimum level of intent required in order to be convicted of a crime. Part of this inquiry focuses on possible excuses and/or justifications a criminal defendant may offer to explain or negate his or her actions or intentions. During the course, students typically analyze cases and statutes as a way to discover, define, and interpret criminal conduct, identify criminal defenses, and, perhaps most importantly, understand the rationale for punishment in our criminal justice systems.

Criminal Procedure, by contrast, concerns the constitutional and statutory rules that apply during the investigation and prosecution of persons charged with violating the substantive Criminal Law. Criminal Procedure is usually offered as an elective course after the first semester or first year of law school.